Egyptian Powder Co.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1276 (N.L.R.B. 1946)

In the Matter of EGYPTIAN POWDER COMPANY, EMPLOYER and DISTRICT
50, UNITED MINE WORKERS OF AMERICA, .AFL, PETITIONER
Case No. 14-R-1463.Decided September 10, 1946
Mr. Berkeley tiVillmering, of East Alton, Ill., and Mr. S. V.
Aikman, of.Marion, Ill., for the Employer.
Mr. Hubert Rushing, of Herrin, Ill., for the Petitioner.
Mr. Angelo J. Fiumara, of counsel to the Board. -
DECISION '
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, a prehearing election was held in this
proceeding on June 14, 1946, at Herrin, Illinois, among the employees
of the Employer in the alleged appropriate unit to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining. °
The Tally of Ballots, prepared at the close of tl^e election, shows that
of an approximate number of 66 eligible voters, 50 voted for and 4
voted against the Petitioner, 5 voted under challenge, and 1 cast a void
ballot. Thereafter, a hearing was held on July 9, 1946, at Herrin,
Illinois, before Elmer L. Hunt, Trial Examiner. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Egyptian Powder Company, .aii Illinois corporation, operates a
plant at Marion, Illinois, where it is engaged in the manufacture and
sale of black'blasting powder. During the year 1945, the Employer
purchased in excess of $120,000 worth of raw materials, more than
84 percent of which came from places outside the State of Illinois.
During the same period, the Employer sold finished products, valued
in excess of $550,000, approximately 30 percent of which was sold and
shipped outside the State.
_70 N. L R. B., No. 118.
1276.
EGYPTIAN POWDER COMPANY 1277
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization, affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question' affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section•9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all employees of the Em-
ployer, 'including theinight foremen-watchmen, keg foreman, shift
engineers and the technical employee, but excluding the chief power
engineer, chief electrician, powder line foreman, yard foremen,
resident manager, office and clerical employees, and all supervisory
employees. The Employer agrees with the foregoing unit description
except that it would exclude the night foremen-watchmen, keg fore-
man, shift engineers, and the technical employee.
Night foremen-watchmen: These employees work 5 days a week
as production employees. As such, their duties consist of operating
machinery in the glaze shop, inspecting powder for moisture and
heat, checking temperatures in the dry houses, and checking and oil-
ing bearings in the mill. In addition, they perform the duties of
watchmen 1 day a week. The record reveals that although designated
as night foremen, they do not possess any supervisory authority. In-
asmuch as their interests are closely allied to the' other production
and maintenance employees, we shall include them in the unit.
Keg foreman: The-keg foreman spends the major portion of his
time' as a lathe and drill press machinist. However, the record shows
that he has three employees under his supervision and that it is his
duty to report on their efficiency to the-Employer. Inasmuch as he
may thus effect changes in the status of his subordinate employees,
we shall exclude the keg foreman.
Shift engineers: These employees operate the boiler and engines
necessary for the production of electrical power for the operation of
the plant; they have no supervisory authority. Since they are clearly
,maintenance employees, we shall include them.
1278' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The technical employee: This employee devotes 85 percent of his
time to production work, and the remainder to, testing powder as a
"-laboratory assistant." For the performance of his duties- in the
latter capacity, the record shows that no technical skill is required.
We are of the opinion that his duties and interests are similar to those
of the other production and maintenance employees. Accordingly,
we shall include him.
We find that all employees of the Employer, including the night
foremen-watchmen, shift engineers, and the technical employee, but
excluding the keg foreman, chief power,engineer, chief electrician, -
power line foreman, yard foremen, resident manager, office and clerical
employees, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
As indicated above, the results of the election held prior to the
hearing show that the Petitioner received a large majority of the valid
votes cast. Since the number of challenged ballots and our present
determinations with respecf to the disputed categories of employees
in no way affect the results of the election, we shall certify the Peti-
tioner as the collective bargaining representative of the employees in
the unit found appropriate. -
0
CERTIFICATION OF REPRESENTATIVES
- 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,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as. amended,
IT IS HEREBY CERTIFIED that District 50, United Mime Workers of
America, AFL, has been designated and selected by a majority of all
employees of Egyptian Powder Company, Marion, Illinois, including
the night foremen-watchmen, shift engineers, and the technical
employee, but excluding the kea foreman, chief power engineer, chief
• electrician, powder line foreman, yard foreman, resident manager,
office and clerical employees, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, as their representative for the purposes of collective bargain-
ing, and that pursuant to Section 9 (a) of the Act, the said organiza-
tion is the exclusive representative of all such employees, for the pur-
poses of collective bargaining with respect to rates of pay, wages,
-hours of employment, and other conditions of employment. '
MR. JAMES J. REYNOLDS,-JR., took no part in the consideration of
the above Decision and Certification of Representatives.
A