American Potash and Chemical Corp.

National Labor Relations Board - Board Decisions

Nov 30, 1940

28 N.L.R.B. 236 (N.L.R.B. 1940)

In the Matter of AMERICAN POTASH AND CHEMICAL CORPORATION and
ALKALINE SALT WORKERS, LOCAL 414, OF INTERNATIONAL UNION OF
.MINE, MILL & SMELTER WORKERS, C. I. 0.
In the Matter of AMERICAN POTASH AND CHEMICAL CORPORATION and
INDEPENDENT CHEMICAL WORKERS UNION
Cases Nos. R-210 and R-0123.-Decided November 30, 1940
Jurisdiction : chemical product manufacturing industry.
Investigation and Certification of Representatives : extension of question:
dispute as to appropriate unit ; conflicting claims of rival representatives ;
election necessary., -
Employees whose names appear on the suspense list, an inactive pay
roll maintained by the Company of employees ill or on vacation who will
be reemployed if they return to work within-6 months, held eligible to vote.
Unit Appropriate for Collective Bargaining : all daily and hourly employees of
the Company at its Trona, California, plant in the production, industrial
relations, supplies, and engineering departments and the caretaker of Boro-
solvay, but excluding all employees on the monthly pay roll except the care-
taker of Borosoivay, all employees acting in a supervisory, administrative,
and professional capacity, all employees in the labor relations department,
the California Staff Roll, and the Los Angeles sales office, librarians, peace
officers, ticket sellers, operators, gang bosses, the relief porter, employees in.
the medical and research departments, and clerical employees.
Gibson, Dunn c Cirutcher, by Mr. J. Stuart Neary, of Los Angeles,
Calif., for the Company.
Gallagher, Wirin d Johnson, by Mr. Grover Johnson, of Los
Angeles, Calif.; Mr. Robert 0. Lamson and Mr. Howard Goddard,
of Trona,-Calif., for the C. I. O.
Mr. Richard Woolett and Mr. 0. W. Peterson, of Trona, Calif.,
for the Independent.
Mr. A. H. Peterson, of Los Angeles, Calif., for the A. F. of L.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 21, 1940, Alkaline Salt Workers, Local 414, of Inter-
national Union of Mine, Mill & Smelter Workers, herein called the
28 N. L. R. B, No. 41.
236 ,
(AMERICAN POTASH AND CHEMICAL CORPORATION' 237
C. I. 0.,, filed with the Regional Director for the Twenty-first Region
(Los Angeles, California) a petition alleging that a question affect-
ing-conimerce had arisen concerning representation of employees of
American Potash and Chemical Corporation,' Trona, California,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations ' Act, 49 Stat. 449, herein called the Act. On
August 28, 1940, Independent Chemical Workers Union, herein
called the Independent, filed a similar petition. On October 17,
1940, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the,Act and Article III, Section
3 of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. It further ordered that, pursuant to
Article III, Section 10 (c) (2) of said Rules and Regulations, the
two cases be consolidated. On October 22, 1940, the Regional Direc-
tor issued a notice of hearing, copies of which were duly served upon
the Company, the C. I. 0., and the Independent. On October 28,
1940, Potash, Phosphate and Borax Workers of Trona, California,
Local 21902, herein called the A. F. of L., filed a petition to intervene
in this proceeding.
Pursuant to,, notice, a hearing was held on October 29 and 30,
1940, at Trona, California, before William R. Walsh, the Trial
Examiner duly designated by the Board. The Company and the
C. I. O. were represented by counsel, the A. F. of L. and the Inde-
pendent by representatives of their respective unions, and all
participated in the hearing. The Trial Examiner granted the peti-
tion to intervene previously filed by the A. F. of L. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
At the commencement of the hearing, and again at the conclusion
of the hearing, the C. I. O. moved to dismiss the petition to inter-
vene on the ground that the A. F. of L. had not shown a substan-
tial interest in the proceeding. The Trial Examiner denied these
motions. During the course of the hearing-the Trial Examiner made
several rulings on other motions and on objections to the admis-
sibility of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
On November 15, 1940, the Independent filed a motion to reopen
the record for the purpose of offering in evidence portions of a news
'In petitions and subsequent formal papers filed in this proceeding the name of the
Company appears in abbreviated form : American Potash and Chemical Corp and American
Potash and Chemical Corp'n
238 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
pamphlet published by the C. I. O. Since the proposed evidence
would not affect our decision, the motion is hereby denied.
Upon the entire record in the case, the Board makes the following:
FINDINGS or FACT
I. THE BUSINESS OF THE COMPANY
The Company, a Delaware corporation, is engaged in the manu-
facture of potash, boric acid, borax, soda ash, and sodium sulphate
from brine extracted from Searles Lake at Trona, California. In
1935 the total purchases for the operation of its plant amounted to
$1,302,000, of which $159,000 represented purchases made outside
California. In the same year the total sales of products amounted
to'281,942 short tons, over 92 per cent of which were shipped to other
States, possession of the United States, and foreign countries.,2
Approximately the same figures indicate the extent of the Company's
purchase and sales in 1940.
H. THE ORGANIZATIONS INVOLVED
- Alkaline Salt Workers, Local 414, of International Union of Mine,
Mill & Smelter Workers, is a labor organization affiliated with the
Congress of Industrial Organizations.
Independent Chemical Workers Union is an unaffiliated labor
organization.
Potash, Phosphate and Borax Workers of Trona, California, Local
21902, is a labor organization affiliated with the American Federa-
tion of Labor.
These labor organizations admit to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. and the Independent each asked the Company to
bargain with it as agent for employees included in an alleged ap-
propriate unit. The Company doubted whether the unit claimed
by either organization was appropriate for bargaining and whether
either organization represented a majority of the employees in such
unit:
A statement prepared by the Regional Director and introduced
into evidence and a statement of the Trial Examiner at the hearing
disclose that the C. I. 0., the Independent, and the A. F. of L. each
2A more complete statement of the business of the Company is found in Matter of
Amc )can Potash cf Chernacal Corporattion and Borax 4 Potash Workers' Union No. 20181,
3-N. L R B 140. -
AMERICAN POTASH AND CHEMICAL CORPORATION 239
has been designated by a substantial number of employees in the
appropriate unit 3
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Com-
pany described in Section I above, has a,close, intimate, and
substantial relation to trade, traffic, and commerce with foreign coun-
tries and among the several States and tends to lead to labor dis-
putes burdening and obstructing commerce and the free flow of
commerce.
V. THE APPROPRIATE UNIT
The parties agree and we find that daily and hourly employees
in the production, industrial relations,` supplies, and engineering de-
partments, and the caretaker of Borosolvay should be included, and
that all employees on the monthly pay roll except the caretaker at
Borosolvay, all employees acting in a supervisory, administrative,
and professional capacity, all employees in the labor 'relations de-
partment, the California Staff Roll, and the Los Angeles sales office,
librarians, peace officers, and ticket sellers, should be excluded, from
the appropriate unit. The parties agree and we find that depart-
mental heads and their staff of foremen and assistant foremen,
senior engineering draftsmen, chemists, senior accountants, chief
clerks, confidential secretaries, a patent engineer, an estimator, a
housekeeper, and the club secretary fall within the excluded classi-
fications.
In respect to operators, gang bosses, employees in the medical and
research departments, the relief porter, and clerical employees the
parties are in disagreement. The A. F. of L. contends that all em-
ployees in these categories should be included. It urges in support
of its contention that in this remote and company-owned community
the desirability of a large industrial unit outweighs any consideration
for several and separate craft interests. The Company favors this
The C. I. O. and, the Independent presented to the Regional Director in support of their
claims 322 and 307 membership cards, respectively. These cards are dated between October
1938 and October -1940 and appear to bear genuine signatures of employees of the Company.
In support of its motion to intervene the A. F. of L . presented to the Trial Examiner 161
authorization cards, dated October 28 or 29 , 1940, appearing to bear genuine signatures of
161 employees on the current pay roll . The number of employees in the appropriate unit
at the time of the hearing was about 1,000.
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
larger unit. The Independent ' would include all such employees
except the relief porter and gang bosses within the unit. The C. I. O:
contends that all such employees should be excluded.
The record discloses that operators coordinate the work of men
within their division of the plant and that they do very little
physical work. They break in and assist new employees. They
relay the foremen's instructions and in their absence serve as fore-
men for routine work. Operators assist the foremen in making. re-
ports and discuss with them the qualifications of men for promo-
tion. Like gang bosses, they are minor supervisory employees. , The
relief' porter serves as foreman 2 days per week. Since the operators;
the relief porter, and gang bosses are supervisory employees we will
exclude -them 4
Employees in the research department have specialized training,
which tends to place them in a professional classification. They de-
velop and test equipment for production, and their work is clearly
distinguishable from that of trained routine workers in the produc-
tion and engineering departments whom all parties desire to in-
clude. Employees in the medical department similarly are profes-
sional and semi-professional workers, whose dissimilar interests and
fields of work warrant their exclusion from a unit of general pro-
duction workers.5 The record reveals no impelling reason why
clerical workers should be included in the unit. Under the circum-
stances, we will exclude employees in the medical and research de-
partments and the clerical employees.
We find that all daily and hourly employees of the Company at
its Trona, California, plant in the production, industrial relations,
supplies, and engineering departments and the caretaker of Boro-
solvay, but excluding all employees on the monthly pay roll except
the caretaker of Borosolvay, all employees acting in a supervisory,
administrative, and professional capacity, all employees in the labor
relations department, the California Staff Roll, and the Los Angeles
sales office, librarians, peace, officers, ticket sellers, operators, gang
bosses, the relief porter, employees in the medical and research de-
partments, and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining. We find that said unit will
insure to employees of the Company the full benefit of their right
to' self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
* Matter of Rem. Manufacturing Co , Inc and A. I F. of L Fedei al Union , No. 20893,
7 N. L. R. B. 95
'
5 Matter of B F. Goodrich Company and United Rubber Workers of America, Local'No7
43, 4 N. L R . B. 420; Matter of Westinghouse Airbrake Company and United Electric and
Radio Workers of America , Railway Equipment Workers Local No . 610, 4 N L. R. B: 403. 1 "
AMERICAN POTASH AND: CHEMICAL CORPORATION 241;
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the, repre=
sentation of employees of the Company can best be resolved by, and
we shall accordingly direct, an election by secret ballot.
The Company maintains an inactive pay roll, called a suspense
list, containing the names of employees who are ill or absent on
leave, who will be reemployed if they return to work- within 6 months.
The parties agree that such employees who are also within the appro-
priate unit should be eligible to vote in the election. We will direct
that those eligible to vote in the election shall be those employees in
the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election, includ-
ing employees who did not work during that pay-roll period be-
cause they were ill or on vacation, employees who were then or have
since been temporarily laid off, and employees on the suspense list,
but excluding employees who have since quit or been discharged
for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of American Potash and Chemical Corpora-
tion, Trona, California, within the meaning of Section 9 (c), and
Section 2 (6) and (7) of the Act.
2. All daily and hourly, employees of the Company at its Trona,
California, plant in the production, industrial relations, supplies,
and engineering departments and the caretaker of Borosolvay, but
excluding all employees on the monthly pay roll except the caretaker
of Borosolvay, all employees acting in a supervisory, administrative,
and professional capacity, all- employees in the labor relations de-,
partment, the California Staff Roll, and the Los Angeles sales office,
librarians, peace officers, ticket sellers, operators, gang bosses, the
relief porter, employees in the medical and research departments;
and clerical employees, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor-Relations Board by Section 9 (c) of the National- Labor Re-
lations -Act, 49 Stat.,-449, and pursuant to Article III, Section 8 of
National Labor Relations Board 'Rules and Regulations-Series 2,;
as amended, it is hereby . ,
I
242, DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
American Potash and Chemical Corporation, Trona, California, an
election by secret ballot shall be conducted as early as possible but not
later than thirty (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for the
Twenty-first Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9 of said-
Rules and Regulations, among all daily and hourly employees of the
Company at its Trona, California, plant in the production, industrial
relations, supplies, and engineering departments and the caretaker
of Borosolvay, who were employed by the Company during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion, including employees who did not work - during . that pay-roll
period because they were ill or on vacation, employees who were then
or have since been temporarily laid off, and employees on the suspense
list, but excluding all employees on the monthly pay roll except the
caretaker of Borosolvay, all employees acting in a supervisory, admin-
istrative, and professional capacity, all employees in the labor relations
department, and California Staff Roll, and the Los Angeles sales office,
librarians, peace officers, ticket sellers, operators, gang bosses, the relief
porter, employees in the medical and research departments, clerical
employees, and employees who have since quit or been discharged for
cause, to determine whether said employees desire to be represented by
Alkaline Salt Workers, Local 414, of International Union of Mine,
Mill & Smelter Workers, by Independent Chemical Workers Union,
or by Potash, Phosphate and Borax Workers of Trona, California,
Local 21902, for the purposes of collective bargaining, or by none of
said organizations.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of the
above Decision and Direction of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 9,1941
On November 30, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in this
proceeding.' Pursuant to the Direction of Election, an election by
secret ballot was conducted on December 18, 1940, under the direction
and supervision of the Regional Director for the Twenty-first Region
(Los Angeles, California). On December 19, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
AMERICAN POTASH AND CHEMICAL CORPORATION 243
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report. No objections
to the conduct of the ballot or the Election Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list____________________________________ 933
Total ballots cast_________________________________________ 799
Total ballots challenged___________________________________ 32
Total blank ballots________________________________________ 0
Total void ballots---------------------------------------- 4
Total ballots not counted__________________________________ 36
Total ballots counted______________________________________ 763
Total votes for Alkaline Salt Workers, Local 414, of Inter-
national Union of Mine, Mill & Smelter Workers, C.'I. O---- 476
Total votes for Independent Chemical Workers Union________ 103
Total votes ,for Potash, Phosphate and Borax Workers of
Trona, California, Local 21902, A. F. L____________________ 172
Total votes for none of said organizations___________________ 12
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Alkaline-Salt Workers, Local 414, of
International Union, of Mine, Mill & Smelter Workers, C. I. 0., has
been designated and selected by a majority of all daily and hourly
employees of American Potash and Chemical Corporation at its Trona,
California, plant in the production, industrial relations, supplies, and
engineering departments and the caretaker of Borosolvay, excluding
all employees on the monthly pay roll except the caretaker of Boro-
solvay, all employees acting in a supervisory, administrative, and
professional capacity, all employees in the labor relations department,
the California Staff Roll, and the Los Angeles sales office, librarians,
peace officers, ticket sellers, operators, gang bosses, the relief porter,
employees in the medical and research departments, and clerical em=
ployees, as their representative for the purposes of collective bargaining
and that, pursuant to Section 9 (a) of the National Labor Relations
Act, Alkaline Salt Workers, Local 414, of International Union of Mine,
Mill & Smelter Workers, C. I.-0., is the exclusive representative of all
such employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
28 N. L. It. B., No. 41a.
413597-42-vol. 23=17