Koppers Co.

National Labor Relations Board - Board Decisions

Sep 23, 1942

44 N.L.R.B. 348 (N.L.R.B. 1942)

In the Matter of Kopi'ERS CobbANY and LOCAL 92, NATIONAL COUNCIL,
OF GAS, COKE & CHEMICAL WORKERS OR' SUCCESSORS
Case No. R-1116.Decided September N3, 1942
Jurisdiction : coke mamifacturing and tar refining industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; organization which did not indicate whether
or not it desired its name to appear upon ballot, placed on ballot with permis-
sion to withdraw upon request, when a local affiliated therewith had bargained
with Company under contract ; election necessary.
Unit Appropriate for Collective Bargaining : hourly production and mainte-
nance employees, and,shift and maintenance foremen of the plant's salaried
pay roll, and hourly research` employees, exclusive of unifoi med watchmen ;
agreement as to.
Mr. Frederick R. Livingston, for the Board.
Lindabury, Depue d Faullcs, by Mr. R. Paul Mitchell, of Newark,
N. J., for the Company.
Leider, Witt ct Cammer, by Mr. Nathan Witt and Mr. Harold I.
Cammer, of New Yorll City, for the Council.
Messrs. Emil Schlesinger and Abraham Schlesinger, by Mr. Abra-
ham Schlesinger, of New York City, for District 50.
Mr. H. G. Moorhead, Jr,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 92, National Council of Gas,
Coke & Chemical Workers, or Successors , herein called the Council,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Koppers Company , Kearny, New
Jersey, herein called the Company , the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Howard Myers, Trial Examiner. Said hearing was held at Newark,
New Jersey , on August 4, 1942. The Company , the Council, and
District 50, United Mine Workers of America , C. I. 0., herein called
District 50, appeared . Counsel for District 50 moved that the' Trial
Examiner grant a continuance of the hearing on the ground that, due
to fortuitous circumstances , District 50 had not had adequate time
44 N. L. R. B., No. 64.
348
KOPPERS COMPANY 349
to prepare for the proceeding. The motion was denied and the hearing
was closed after presentation of evidence by the Council and.the
Company. On August 6, 1942, District 50 filed a motion, dated August
5, 1942, praying that the Board reopen the hearing and that it grant
oral argument upon., the motion. On August 13, 1942, the Board
granted oral argument upon the motion, notice thereof being served
upon the parties. Pursuant to notice, a hearing for the purpose of oral-
arguihent was held on August 18, 1942, before the Board in' Washing-
ton, D.'C. All the parties appeared,by counsel or, other representative,
and were heard.
On August 28, 1942, the Board issued an order reopening the record
and directing further hearing in the proceeding, hunting said order
by providing that the reopened hearing was to be held for the purpose
of affording District 50 an opportunity to present evidence as to the
appropriate unit, the representation showing of the labor organization
involved in the unit or units claimed to be appropriate, and other rele-
vant and material matters.' Pursuant to notice duly served upon the
parties, the hearing, upon reopening, was held on September 10, 1942,
at Jersey City, New Jersey, before Samuel H. Jaffee, Trial Examiner.
At this hearing, the Company, the'Council, and District 50 appeared,
participated, and were afforded full opportunity to be heard, to ex-'
amine and cross-examine witnesses, and to introduce evidence bearing
upon-the issues. The Company and the Council, however, had rested
their cases'at the hearing held on August 4; and District 50, upon being
asked if it was ready to proceed, took the position that it did not desire
to participate further in the hearing. The Trial Examiners' rulings
made at the hearings are free from prejudicial error and are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Koppers Company, Kearny, New Jersey, is a corporation engaged
in the buisness of manufacturing coke and refining tar. 'At Orange,
New Jersey, it operates a small plant employing from 7 to 10 persons,
and at Kearny, New Jersey, a plant employing approxiriiately 640 per-'
sons. A substantial amount of the raw 'Materials used by the Company
at these plants is shipped to the plants from points outside the State of
New Jersey; a substantial amount of the 'products 'of -the plants is
shipped from the'plants to points outside the State of Newv Jersey.
' During the heaiing held for the pm pose of oral argument counsel for Distijet 50 pre-
sented aigumonts winch, upon the authority of Matte? of Atlas Pouter Company, Zapon
Drvislcon and Local 12083, National Council of Gas, Coke <( Chemical Workers , 43 N L R B
757, the Board decided were not material to.the issues herein
350 DECISIONS OF.NATIONAL' LABOR RELATIONS BOARD
The products of the plants are raw materials used in the manufacture
of munitions and are essential for war production. The Company
operates under the supervision of the United States Army Local Ord-
nance Department with respect to defense, supervision of guards,
examinations of employees, and other like matters.
The Company 'stipulates, for the purpose of this proceeding, that it
,is engaged in commerce within the meaning of the National Labor Re-
lations Act.
II. THE ORGANIZATIONS INVOLVED
'Local 92, affiliated with National Council of Gas, Coke & Chemical
WTorkers, or-Successors, is a labor organization admitting to member-
ship employees of the Company.2
District 50, United Mine Workers of America, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 25, 1942, the president of the Council requested the Com-
pany to recognize it as the bargaining agent of the employees, but the
Company refused on the ground that it had a contract in effect with
District 50, which claimed to represent the employees. This contract
was negotiated by the Company with the Gas and By-Products Coke
Workers Union, Local 12192, affiliated with District 50, United Mine
Workers of America. It was entered into on July 30, 1941, for the
term of 1 year and was automatically renewable if notice of a desire
to reopen the contract was not given by either party within 30 days
prior to the anniversary date. On June 18, 1942, District 50 gave
notice of its desire to reopen the contract for negotiation of altera-
tions therein.
A statement of the Regional Director for the Second Region intio-
duced into evidence at the hearing indicates that the Council repre-
sents a substantial number of employees in the unit herein found
appropriate.'
2 The situation with respect to the Council 's affiliation with an organization of national
scope is described in the Atlas case cited in footnote 1 q v We therein and in the cider
reopening the record herein held that the matter was immaterial to the issues of a
representation proceeding.
3 The Regional Director checked names signed on a petition circulated by the Council
against names appearing on a company pay roll containing 617 names . The petition
contained , without duplication , the names of 568 employees by apparently genuine original
signature ( there were 44 duplications of signature on the petition ) ; and all these names
appeared on the pay roll. The petition was in form as follows:
We, the undersigned employees of the Koppers Coke Company of Kearny, New Jersey,
hereby resign as members of Local 12192, United Mine Workers of America, District 50
and accept membership in the' National Council of Gas, Coke and Chemical workers to
act for us as our collective bargaining agency within the meaning of the National'Labor
Relations Act.
KOPPERS COMPANY 351
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section'9 (a) and Section 2'(6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, pursuant to agreement between the Council and the Com-,
pany, that the unit covered by the contract between the Company,
and the Gas and By-Products Coke Workers Union Local 12192,
affiliated with District 50,,_United +Mme Workers of America; to wit,
all hourly production and maintenance employees, and shift and main-,
tenance foremen of the plant's salaried pay roll, -and also hourly re-
search employees of those departments which are' under the direct
supervision of the superintendent of manufacture at the Kearny, New
Jersey, and Orange, New Jersey, plants, but excluding uniformed
watchmen, constitutes a unit appropriate for the purposes of collec-
tive 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-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.4
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-
tion 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 to ascertain representa-
tives for the purposes of collective bargaining with Koppers Com-
pany, Kearny, New Jersey, 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 Second Region, acting in this matter as
agent for the National Labor Relations Board and subject to Article
4 At the hearing District 50 was unable to answer the question whether or not it desired
to have its name appear upon the ballot As is above stated, a local affiliated Guth Disti i 't
50 has been bargaining with the Company under contract, and we shall direct that the
name of District 50 be placed upon the ballot. But if District 50,'rwithin 5 days, subsequent;,
to the issue of this Decision and Direction shall notify the Regional Director that it does
not desne to have its name appear upon the ballot, its name dill be omitted theiefiom
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III, Section 9, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, who were employed
by the Company during the pay-roll period immediately preceding the
date of this Direction, including any such employees who did not
work during said 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 employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Local 92, National Council of 'Gas, Coke & Chem
ical Workers or Successors, or by District 50, United Mine Workers,
of America, C. I. 0., for the purposes of cgllective bargaining„-or by:
neither:
In the Matter of KOPPERS COMPANY and LOCAL 92, NATIONAL COUNCIL
OF GAS, COKE & CHEMICAL WORKEIIS OR SUCCESSORS
Case No..R-4116
AMENDMENT TO DIRECTION OF ELECTION
October 5, 1942
On September 23, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ing,i directing that an election by secret ballot be conducted within
thirty (30) days of the date thereof among specified employees of
Koppers Company, herein called the Company, at its Kearny, New
Jersey, and Orange, New Jersey, plants.
The Regional Director for the Second Region has advised us that
on September 28, 1942, District 50, United Mine Workers of America,
C. I. 0., notified him, by a letter dated September 26, 1942, that it did
not desire to have its name appear upon the ballot In said electlon.2
We shall amend said Direction accordingly. The Direction of Elec-
tion issued in this proceeding on September 23, 1942, is Hereby
amended by striking therefrom the words : "to determine whether
they desire to be represented by Local 92, National Council of Gas,
-Coke & Chemical Workers or Successors, or by District 50, United
Mine Workers of America, C. I. 0., for the purposes of collective
bargaining, or by neither" and by substituting in the, place thereof
the words: "to determine whether or not they desire to be represented
by Local 92, National Council of Gas, Coke & Chemical Workers or
Successors, for the purposes of collective bargaining."
MR. ' Wm.- M. LEISEiisoN took no part in 'the consideration of the
above amendment to Direction of Election.
1 44 N I, R 13, No 348.
2 In the above -mentioned Decision we stated , "but if District 50,- within 5 days subse-
quent to the issue of this Decision and Direction , shall notify the Regional Director' that
it does not desire to have its name appear upon the ballot , its -name will be omitted
therefrom." 1
144 N. L. It. B. 348.
487498-42-vol. 44--23 353
In the Matter of KorrrRS CoNIP_1NY and Loc_1L 92, NATIONAL CouNcir.
OF GAS, COKE & CHEMICAL WORKERS OR SUCCESSORS -
Case No. R-4116 '
CERTIFICATION OF REPRESENTATIVES
October 1i, 194`2
On September 23, 1942, the National Labor Relations Board issued
a Decision and Direction of Election 1 and on October 5, 1942, an
Amendment to Direction of.Election 2 in the above-entitled proceed-
ings. Pursuant to the Dircctloii of Election and Amendment, an
election by secret ballot was conducted on October 5, 1942, under the
direction and supervision of the Regional Director for the Second
Region (New York, New York). On October 8, 1942, the Regional
Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued and duly served upon the parties an Election Report on the
ballot. No objections to the conduct of the ballot or the Election
Report were filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows : -
Total on eligibility list-_ --------------------------- 626
Total ballots cast---------------------------------------- 567 -
Total ballots challenged---------------------------------- None
Total blank ballots--------------------------------------- None
Total void ballots---------------------------------------- 1
Total valid votes counted--------------------------------- 566
Votes cast for Local 92, National Council of Gas, Coke
Chemical Workers (Now known as United Gas, Coke &
Chemical Workers of, America) ------------------------- 5159 ,
Votes cast against aforementioned union------------------ 7
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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Local 92, National Council of Gas, Coke &
Chemical Workers or Successors, has been designated and selected by a
1 44 N. L. R B 348.
2 44 N. L R. B 353.
44 N. L. R. B., No. 64b.
354
KOPPERS COMPANY 355
majority of all hourly production and maintenance employees, and
shift and Maintenance foremen of the plant's salaried pay roll, and also
hourly research employees of those departments which are under the
direct supervision of the superintendent of manufacture at the Kearny,
New Jersey, and Orange, New Jersey, plants of the Koppers Company,
excluding uniformed watchmen, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, L;acal 92, Natio..dl Council of Gas, Coke &- Chemical Work-
ers or Successors, is'the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.