Union Carbide & Carbon Corp. v. National Labor Rel. Bd.
| Decision Date | 14 May 1957 |
| Docket Number | No. 12418.,12418. |
| Citation | 244 F.2d 672 |
| Parties | UNION CARBIDE and CARBON CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Sixth Circuit |
William C. Treanor and Henry Clifton, Jr., New York City, Walter Gordon Merritt, New York City, on brief for petitioner.
Norton J. Come, Washington, D. C., Jerome D. Fenton, Stephen Leonard, Marcel Mallet-Prevost and Myron S. Waks, Washington, D. C., on brief for respondent.
Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.
The respondent, by Supplemental Decision and Order dated August 8, 1956, as modified by an Order making technical corrections, dated November 2, 1956, directed the National Carbon Company (a division of the petitioner) to cease and desist from refusing to bargain collectively with Oil, Chemical and Atomic Workers International Union, AFL-CIO, as the exclusive representative of all its maintenance employees. This petition to review and set aside the order of the National Labor Relations Board challenges the aforesaid orders on the ground that the bargaining unit was improperly certified. In its answer, the Board prays enforcement of its order.
Petitioner insists that the Board erroneously established a collective bargaining unit determined by the extent to which the employees had organized, a practice proscribed by section 9(c) (5) of the National Labor Relations Act. 61 Stat. 136, 29 U.S.C.A. § 151 et seq. Petitioner urges further that the established bargaining unit is heterogeneous in nature and not consistent with plant operational realities, and that it is therefore inappropriate for purposes of collective bargaining. It is contended that the past bargaining history of the company and the integration of its operations made a plant-wide unit the only appropriate unit.
On March 4, 1954, the Board issued a Decision and Direction of Election, in which it found a single unit of all the employees in the four skilled-trades departments to be appropriate for purposes of collective bargaining. Thus, the Board specifically rejected the contention that this unit was based upon the extent of union organization of the plant. Other factors, wholly unrelated to the extent of organization, were said to support the finding that the maintenance unit's certification was appropriate and proper.
After consideration of the entire record and of the briefs and oral arguments of the contending attorneys, we think the findings of the Board are not clearly erroneous and that they are supported by substantial evidence.
Pursuant to the aforementioned Decision and Direction of Election, dated March 4, 1954, a representation election was held and a majority of the "maintenance employees" voting therein cast their ballots in...
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