Freeport Sulphur Co.Download PDFNational Labor Relations Board - Board DecisionsAug 30, 194457 N.L.R.B. 1756 (N.L.R.B. 1944) Copy Citation 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. } Copy with citationCopy as parenthetical citation