Freeport Sulphur Co.

National Labor Relations Board - Board Decisions

Aug 30, 1944

57 N.L.R.B. 1756 (N.L.R.B. 1944)

In the Matter of FREEPORT SULPHUR COMPANY and SULPHUR AND
CHEMICAL WORIcERS UNION, LOCAL No. 21195, A. F. L.
Case No. 16-R-943.-Decided August 30,1944
Vinson, Elkins, Weems & Francis, by Messrs. Warren J. Dale and
C. E. Bryson, of Houston, Tex., for the Company.
Mr. Robert D. Collins, of Freeport, Tex., for the Union.
Mr. Herbert C; Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a"petition duly filed by Sulphur and Chemical Workers Union,
Local No. 21195, A. F. L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Freeport Sulphur Company, Freeport, Texas, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Glenn L. Moller,
Trial Examiner. Said hearing was held at Freeport, Texas, on July .13,
1944. The Company, and the Union appeared and participated, were
afforded full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues. Subsequent
to-the hearing, the Union filed a Motion for New Hearing with the
Board. The motion is hereby denied. The Trial Examiner 's rulings
made at the hearing are free from prejudicial error and are hereby,
affirmed. All'parties were afforded 'an opportunity, to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Freeport Sulphur Company' is a Delaware corporation licensed to
.do business in the State of Texas. The Company's main office is in
New York City and-its principal, operations are carried on at Hoskins
57 N. L. R. B., No. 29'5.
1756
FREEPORT SULPHUR COMPANY ' 1757
Mound, Texas, known as the Freeport plant, and at a plant located at
Port Sulphur, Louisiana. Only the Freeport plant is involved in the
instant proceeding.
The Company is engaged in the marketing and mining of sulphur
obtained from its mine at Hoskins Mound and shipped and marketed
through the Company's office in Freeport, Texas. During the year
1943, the Company produced and shipped from its Freeport plant
products valued in excess of $1,000,000, of which more than 80 percent
was shipped to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. -
H. THE ORGANIZATION INVOLVED
Sulphur and Chemical Workers Union, Local No. 21195, affiliated
with the American Federation of Labor, is a labor organization admit-
ting to membership employees of the Company.
III.' TIIE QUESTION CONCERNING REPRESENTATION
Tile Company has, refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent; introduced into evidence at the hear-
ing, indicates 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 1 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT -
The Union desires a unit consisting,of all production and mainte-
nance employees at the Company's Freeport plant, excluding techni-
cal, clerical and supervisory employees. The Company agrees that a
production and maintenance unit is appropriate, disagreeing with the
Union only as to certain fringe groups and employees who spend some
of their working time in the performance of supervisory duties.
The Company has divided its employees into seven groups 2 with
respect to the degree of supervisory authority they possess. These
groups have been accepted by the Union as substantially correct. The
parties agree that groups I through - V are supervisors within the
'The Field Examiner reported that the Union submitted 174 application cards that the
names of 167 persons appealing on the cards were listed on the Companys pay roll of
May 15, 1944, which contained the names of 335 eniplovees in the appropriate unit , and
that 149 of these cards were dated January 7 to May 21, 1944, that 9 were dated June 1944,
and that 9 here undated
2 Company's Exhibits Nos 4-11
1758 DECISIONS .OF NATIONAL • LABOR RELATIONS BOARD
Board's customary' definition. They likewise agree that the employees
in group VI with the exception of drillers, do not possess supervisory
status. As to the drillers, the record reveals that they are merely-
skilled craftsmen who have assistants assigned to them. They have
no supervisory authority and any complaint concerning their ' assist-
'ants is independently investigated by the foreman to whom such com-
plaint is made. We find that drillers possess no more supervisory
power than the other employees in group VI and, accordingly, we shall
include them in the unit.
There remains the problem of the disposition of some 20 employees
in groups VI and VII who are sometimes employed in a supervisory
capacity. Some of the employees' regularly act as foremen one day a
'week in the absence-of the regular foremen.3 Others are temporarily
designated to fulfill supervisory duties in emergencies caused by the
addition of an extra shift or the absence of the regularly assigned fore-
men. Since the former employees, when performing supervisory
functions, assume the full authority and responsibilities and exercise
all the rights and privileges of foremen, we shall exclude 'them from
the unit.4 However, the latter employees, whose supervisory duties
are purely of a temporary and sporadic character, appear to have inter-
eQts more closely allied with those of the ordinary production em-
ployees than with those of the supervisors. We shall, therefore, in-
clude them in the unit.
We find that all production and maintenance-employees at the Free-
port (Hoskins Mound) plant, including drillers,5 but excluding
guards,6 technical and clerical employees, foremen, including regular
part-time foremen, and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action,7 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-
'8 The Company operates 7 days a week and the employees work 6 days a week.
4$iee Matter of Latonia Refining Corporation , 49,N L R. B. 488 ; Matter of Ford Motor
Company, 54 N. L. R. B. 82.
Included in, the unit are the employees designated by the Company as Group VI and
Group VII, except those who regularly act as foremen.
6 This category does not include ordinary production and maintenance employees who
occasionally work a shift as guards in order to make up time lost , but who are neither
armed nor deputized as are the regular guards
? Among the employees excluded are all the employees designated by the Company, as
Groups I through V, and those in Groups) TI and VII who regularly act as foremen one,
day a week in the absence of the iegular foremen
FREEPORT SULPHUR COMPANY 1759
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and-additions set forth in' the
Direction.
The Company requeststhat employees who are serving in the armed
forces of the United States be permitted to vote by mail. In accord-
ance with our usual policy, however, we shall deny the Company's
request and direct that only those employees on military leave who
present themselves in person at the polls shall be permitted to vote."
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain 'represent-
atives for the purposes of collective bargaining with Freeport Sulphur
Company, Freeport, Texas, an election by secret ballot shall be con-
ducted as early as,possible, but not later than thirty (30) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Sixteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, 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 employees who did not work during
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employee's who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
Sulphur and Chemical Workers Union, Local No. 21195, affiliated with
the American- Federation of Labor, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
See Matter of Mine Safety Appliance Company, 55 N. L. R. B. 1190.
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