Federal Chemical Co.

National Labor Relations Board - Board Decisions

Jun 3, 1942

41 N.L.R.B. 659 (N.L.R.B. 1942)

In the Matter of FEDERAL CHEMICAL COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA, C. I. O. -
Case No. R-3807.-Decided June 3, 194
Jurisdiction : chemical and tertilizer manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition until certified by the Board;
electron necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's NashN ille, Tennessee, plant, excluding supervisory
and clerical employees, watchmen, strawbosses, and chemists ; stipulation as to
Mr. William Wailer, of Nashville , Tenn., for the Company.
Mr. Martin A. Watkins , of Madison , Tenn., for the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Federal Chemical Company, Nashville, Tennessee, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Dan M. Byrd, Jr.,
Trial Examiner. Said hearing was held at Nashville, Tennessee, on
May 7, 1942. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Federal Chemical Company is a Kentucky corporation with its main
office in Louisville, Kentucky. It owns and operates phosphate mines
41 N. L. R B, No. 130
659
660' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and chemical and fertilizer manufacturing plants in the States of
Kentucky and Tennessee. Only the Nashville, Tennessee, plant is
involved in this proceeding. The Company purchases raw materials
valued at $600,000 annually, 50, percent of which by value is shipped
to the Nashville plant from States other than Tennessee. It manu-
factures annually products of approximately $1,000,000 in value, one-
half of which is shipped from the Nashville plant to States other than
Tennessee.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations , admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In April 1942 the Union requested that the Company grant it ex-
clusive bargaining rights. The Company declined to recognize and
bargain with the Union until an election should be held and the Union
should be certified by the Board.
A statement of the Trial Examiner introduced in evidence at the
hearing shows that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find 'that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and ( 7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company at its Nash-
ville, Tennessee, plant, excluding supervisory and clerical employees,
^^ atchmen, strawbosses and chemists, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
'The Tiial Examinei reported that the Union had submitted 78 authorization cards,
all dated April 1942 -All 78 of the signatures appear to be genuine and original . Sixty.
seven of these signatures appeared on the April 29, 1942, pay roll of the Company con;
taming the names, of 145 employees within the appropriate unit
FEDERAL CHEMICAL COMPANY 661
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. Employees temporarily laid off shall be eligible to vote
even though their lay-off is occasioned by seasonal fluctuations in
employment.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that , as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Federal Chemical Company , Nashville, Tennessee, 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 , under the direc-
tion and supervision of the Regional Director for the Tenth 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 the employees in the unit found appropriate in Section IV
above , who were employed during the pay-roll period immediately
preceding the date of this Direction , including any such employees
who did not work during such pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States , or temporarily laid off , but excluding any who have
since quit or been discharged for cause to determine whether or not
they desire to be represented by District 50, United Mine Workers
of America , C. I. 0., for the purposes of collective bargaining.