Koppers Co.

National Labor Relations Board - Board Decisions

May 16, 1941

31 N.L.R.B. 923 (N.L.R.B. 1941)

0
In the Matter of KOPPERS COMPANY and UNTrED MINE WORKERS OF
AMERICA, GAS AND BY-PRODUCT COKE WORKERS, DISTRICT No. 50
Case, No. R-2524.-Decided May 16, 1941
Jurisdiction : coke, gas, and related products manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; contract shortly to expire not asserted
as a bar ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including shift and maintenance foremen on the plant's, salaried
pay roll, including hourly research employees of those departments which
are under the direct supervision of the superintendent of manufacture at
the Kearny plant of the Company, excluding supervisory, clerical, and office
employees and watchmen at the gate ; agreement as to.
Mr. Mark Lauter, for the Board.
Lindabury, Depue ct Faulks, by Mr. R. Paul Mitchell, of Newark,
N. J., for the Company.
Mr. Samuel R. Rothb^ard, of Newark, N. J., for the United.
111r. Jacob Friedland, of Jersey City, N. J., for Local 22311.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 11, 1941, United Mine Workers of America, Gas
and By-Product Coke Workers, District No. 50, herein called the
United, filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Koppers Company, Kearny, New Jersey, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On April 3, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board. Rules and Regulations-Series 2, as amended,
31 N. L. R. B., No. 155
923
924, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On April 18, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the United,
and Gas, Coke and Chemical Products Workers Union, Local 22311,
herein called Local 22311, a labor organization claiming to repre-
sent employees directly affected by the investigation. Pursuant to
notice, a hearing was held on May 1, 1941, at Newark, New Jersey,
before A. Bruce Hunt, the Trial Examiner, duly designated by the
Chief Trial Examiner. The Company, the United, and Local 22311
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner
granted, without objection, a motion of the United to amend the peti-
tion to set forth correctly the name of the United and the unit
urged by it. During the course of the hearing the Trial Examiner
made several rulings on other motions. The Board has reviewed
all the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings 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, a Delaware corporation, operates a plant at
Kearny, New Jersey, where it is engaged in the manufacture of
coke, gas, and related products. From October 1,, 1940, to March
31, 1941, the Company purchased approximately 545,000 tons of
coal, 130,000 tons of soda ash, about 8,500 bushels of oxide, • and
about 65,000 gallons of wash oil from points outside the State of
New Jersey. These purchases constituted about 98 per cent of the
total purchases of raw materials by the Company during such
period for use at its Kearny plant. During the same-period the
Company sold 92,000 tons of coke and 815 tons of ammonium sul-
phate to points outside the State-of New Jersey. These figures
represent about 17 per cent of the total volume of the Kearny plant's
sales for this period. The Company admits that it is engaged in
commerce within the meaning of Section 2 of the Act.
II. THE ORGANIZATIONS INVOLVED
United Mine Workers of America, Gas and By-Product Coke
Workers, District No. 50, is a labor organization affiliated with the
KOPPERS COMPANY 925
Congress of Industrial Organizations. It admits to membership
employees at the Kearny plant of the Company.
Gas, Coke and Chemical Products Workers Union, Local 22311,
is a labor organization affiliated with the American Federation of
Labor. It admits to membership employees at the Kearny plant of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 29, 1940, Local 22311 and the Company entered into an
exclusive bargaining contract covering the employees at the Kearny
plant. This contract expires on May 28, 1941. None of the parties
involved herein contend that the contract constitutes a bar to a
present determination ' of representatives.,
The United and Local 22311 each claim to represent- a majority
of the employees at the Kearny plant of the Company. The Com-
pany refuses to recognize either the United or Local 22311 for the
period following May 28, 1941, until such time as one or the other
is certified by the Board as exclusive representative of the employees
at the Kearny plant.. -
A statement of the Regional Director introduced in evidence shows
that the United represents a substantial number of employees in
the unit alleged by it to be appropriate.2
We find that a ,question has arisen concerning the representation,
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question 'concerning representation which has
arisen, occurring in connection with the operations of the-Company
described in Section I above,. has a close, intimate, and substantial
relation to trade, traffic,, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the United, and Local 22311 agreed at the hearing,
and we find, that all production and maintenance employees, includ-
1 See Matter of Heldman -Schsld-Lasser, Inc . and Cincinnati Joint Board of the Amalgam-
ated Clothing Workers of America ( C. 1. 0.), 11 N. L R . B. 1.289.
2 The Regional Director 's statement shows that 366 employees whose names appear on the
Company 's pay roll of March 6 , 1941, have signed membership application cards in the
United There are approximately 550 employees on its pay roll who are in the alleged
appropriate unit. The Regional Director further reported that although Local 22311 claims
an interest in this proceeding, it has presented no evidence of current membership to her.
Ai stated above, however , Local 22311 is a party to an exclusive contract with the Company.
926 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing shift and maintenance foremen on the plant's salaried pay roll,
including hourly research employees of those departments which
are under the direct supervision `of the superintendent of manu-
facture at the Kearny plant of the Company, excluding supervisory,
clerical, and office employees and watchmen at the gate, constitute
a unit appropriate for the purposes of collective bargaining. We
further"find that such unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.8
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. All the
parties agreed that in the event the Board directs an election, eligi-
bility to vote should be determined by the Company's pay roll for
the period immediately preceding the Direction of Election. We
find that the employees of the Company eligible to vote in the elec-
tion shall be those employees who were employed during the pay-
roll period immediately preceding the Direction of Election herein,
subject to such limitations and additions as are set forth in the
Direction hereinafter.' -
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Kearny plant of Koppers Company,
Kearny, New Jersey, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees, including shift and
maintenance foremen on the plant's salaried pay roll, including
hourly research employees of those departments which are under
the direct supervision of the superintendent of manufacture at the
Kearny plant of the Company, excluding supervisory, clerical, and
office employees and watchmen at the gate, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
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-
8 This is the same unit as covered by the contract between the Company and Local 22311.
KOPPERS COMPANY 927
bons 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 authorized by the Board
'to ascertain representatives 'for the purposes of collective bargain-
ing with Koppers Company, Kearny, New Jersey, 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 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 III, Section 9, of said Rules and Regu-
lations, among all production and maintenance employees at the
Kearny plant of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction includ-
ing shift and maintenance foremen on the plant's salaried pay roll,
including hourly research employees of those departments which
are under direct supervision of the superintendent of manufacture,
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
supervisory, clerical, and office employees, watchmen at the gate, • and
employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented by United Mine Work-
ers of America, Gas and By-Product Coke Workers, District No.
50, affiliated with the Congress of Industrial Organizations, or by
Gas, Coke and Chemical Products Workers Union, Local 22311,
affiliated with the American Federation of Labor, for the purposes
-of collective bargaining, or by neither.