Hanovia Chemical And Manufacturing Company, Employer And Local 65, International Chemical Workers Union, Afl, Petitioner., 650 (1950)

In the Matter of HANOVIA CHEMICAL AND MANUFACTURING COMPANY,

EMPLOYER and LOCAL 65, INTERNATIONAL CHEMICAL WORKERS UNION, AFL, PETITIONER.

Case No. 2-ROC-2040.-Decided June 29, 1950 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Peritz Taub, hearing officer.

The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Styles].

Upon the entire record in this case, the Board finds:

1. The Employer is engaged in commerce within the meaning of the Act.

2. The labor organizations involved claim to represent employees of the Employer.

3. No question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act for the following reasons:

The Petitioner seeks a unit composed of all production and maintenance employees, including shipping clerks, in the Employer's Ceramics Division, East Newark, New Jersey. The Intervenor, Hanovia Employees Association, maintains that the unit it presently represents, which includes all production and maintenance employees at the Employer's Ceramics and Electrical Divisions, is the only appropriate unit. The Employer takes a neutral position in the matter.

The Ceramics Division and Electrical Division are separate plants, located about 2 miles from each other. They produce different products. At its Ceramics Division the Employer is engaged in the manufacture of precious metal paints, finishes, and coatings. At its Electrical Division, the Employer forms quartz into precision shapes and fills the quartz shapes with conductive gases. Because of the different products produced, the two plants use different skills. There is no 90 NLRB No. 104.

650 interchange of production employees, and seniority is on a divisionwide basis. However, there is one maintenance department for both divisions, a single wage schedule for all employees, one personnel office which does the hiring for both plants, and a common labor policy.

Since 1941 the Intervenor has represented all production and maintenance employees of both divisions.' On these facts, absent the 9-year bargaining history on a broader basis, the employees of the...