Pennsylvania Salt Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 28, 1942

38 N.L.R.B. 647 (N.L.R.B. 1942)

In the Matter Of PENNSYLVANIA SALT MANUFACTURING COMPANY and
PENNSYL\ ANIA SALT GREENWICH WORKERS UNION
Case No. R-3436.-Decided January p28, 1940
Jurisdiction : chemical manufacturing and sales industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition until certified by the Board : petitioner cer-
tified on the basis of the record ; parties stipulated at the hearing that if the
Board found the unit sought to be appropriate the union might be certified on
the basis of the record, and evidence showed that the union has been designated
as representative by all the employees in the unit found appropriate.
Unit Appropriate for Collective Bargaining : all truck drivers employed by the
Company.
Mr. Charles A. Wolfe, of Philadelphia, Pa., for the Company.
Mr. John Y. Mace, of Philadelphia, Pa., for the Salt Workers.
Mr. Saul C. Waldbaum, of Philadelphia, Pa., for the United.
Mr. Harry H. Kuskin, of counsel to the Board.
DECISION,
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 25, 1941, and on November 26, 1941, Pennsylvania
Salt Greenwich Workers Union, herein called the Salt Workers, filed
with the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania) a petition and an amended petition, respectively, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Pennsylvania Salt Manufacturing
Company, Philadelphia, Pennsylvania, 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 December 12, 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, ordered an in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
38 N. L . R. B., No. 129.
647
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On December 23, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Salt Workers, the United Mine Workers of America, District No. 50,
of the Gas, Coke and Chemical Division, Local 12092, affiliated with
the Congress of Industrial Organizations, herein called the United,
a labor organization claiming to represent employees directly affected
by the investigation, and International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, affiliated with the
American Federation of Labor, herein called the Teamsters. Pur-
suant to notice, a hearing was held on January 6, 1942, at Philadelphia,
Pennsylvania, before Jack Davis, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the Salt Workers
were represented by counsel, the United by its representative; all par-
ticipated in the hearing. The Teamsters did not appear. 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 made various
rulings on motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds 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
1. THE BUSINESS OF THE COMPANY
Pennsylvania Salt and Manufacturing Company is a Pennsylvania
corporation with its principal office and place of business in Phila-
delphia, Pennsylvania. It is engaged in the manufacture and sale
of chemicals, including oil of vitriol, alum, chlorine, hypochlorites of
soda and acidproof cement. In Philadelphia, the Company operates
the Greenwich plant vv hick is composed of about 15 buildings and
employs approximately 180 employees. About $1,000,000 worth, or
75 percent, of the raw materials used annually at the plant come from
outside the State of Pennsylvania, and more than $500,000 worth, or
approximately 25 percent, of its finished products are shipped out of
the State of Pennsylvania. The Company admits that it is engaged
in interstate commerce. "
II. THE ORGANIZATIONS INVOLVED
Pennsylvania Salt Greenwich Workers Union is an unaffiliated labor
organization admitting to its membership employees of the Company.
United Mine Workers of America, District No. 50, of the Gas, Coke
and Chemical Division, Local 12092, affiliated with the Congress of
industrial Organizations, is a labor organization admitting to its
membership employees of the Company.
PENNSYLVANIA SALT MANUFACTURING COMPANY
III. THE, QUESTION CONCERNING REPRESENTATION
649
On September 18, 1941, the Salt Workers sent the Company a letter
averring, in effect, that it represented a majority of certain stated
numbers of employees in various named categories' and requesting
a conference with the Company to discuss an agreement. The Com-
pany refused to recognize the Salt Workers as the representative of
said employees unless the Salt Workers was certified by the Board.
The United contended that it represented some of the employees in
the categories named but claimed no interest in the unit hereinafter
found to be appropriate. A statement by the Regional Director intro-
duced in evidence at the hearing shows that the Salt Workers repre-
sents all the employees in the unit hereinafter found to be appropriate.'
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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing, the Salt Workers contended that the Company's
truck drivers and three additional categories of employees constituted
an appropriate unit. The United disputed the appropriateness of
the claimed unit, but asserted that it had no interest in the truck
drivers. The Company did not oppose the contentions of either party.'
After the hearing, the Salt Workers, by letter dated January 6, 1942,
asked leave of the Board to withdraw its original contention as to an
appropriate unit and requested that it be certified for a unit consist-
i The letter designated as one of the categories the eight truck drivers hereinafter found
to be an appropriate unit.
2 The evidence in support of the Salt workers' claim to represent employees in the unit
hereinafter found to be appropriate is set forth in Section VI. infra.
J The record shows that a consent election was held on August 29, 1941, pursuant to a
consent election agreement signed on August 25, 1941, by the Company, the Salt Workers,
and the United. The agreement declared several categories of employees including truck
drivers ineligible to vote. The election was supervised by the Regional Director and
resulted in favor of the United. On December 9, 1941, the Company signed a contract
with the United coveting wages, hours, and working conditions for all its hourly employees,
to wit : production, powerhouse, and maintenance employees, including watchmen, janitors,
and shipping employees, but excluding all supervisory employees, all laboratory and research
employees, and all truck drivers.
0
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing only of truck drivers. On October 16, 1941, the Company employed
8 truck drivers.
We find that the truck drivers constitute a unit appropriate for the
purposes of collective bargaining, and 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.
IV. THE DETERMINATION OF REPRESENTATIVES
The parties stipulated that should the Board find the truck drivers
to be the appropriate unit, the Salt Workers might be certified on
the basis of the record as the exclusive collective bargaining repre-
sentative for all the employees in such unit without an election. A
statement of the Regional Director introduced into evidence at the
hearing recited that the Salt Workers submitted signed applications
for membership bearing genuine original signatures of all the truck
drivers employed by the Company on October 16, 1941.
We find that the Salt Workers has been designated and selected by
a majority of the employees in the unit herein found to be appro-
priate as their representative for the purposes of collective bargain-
ing. It is, therefore, the exclusive representative of all employees in
such unit for the purposes of collective bargaining, and we shall so
certify.
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 of the Greenwich plant of Pennsylvania Salt
Manufacturing Company, Philadelphia, Pennsylvania, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All truck drivers of the Company at its Greenwich plant consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
3. Pennsylvania Salt Greenwich Workers Union is the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining within the meaning of Section 9 (c) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
6
PENNSYLVANIA SALT MANUFACTURING COMPANY 651
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that Pennsylvania Salt Greenwich Workers
Union has been designated and selected by a majority of all the truck
drivers at the Company's Greenwich plant as their representative for
the purposes of collective bargaining , and that pursuant to the pro-
visions of Section 9 ( a) of the National Labor Relations Act, Penn-
sylvania Salt Greenwich Workers Union is the exclusive representa-
tive of all such employees for the purposes of collective bargaining in
respect to rates of pay , wages, hours of employment , and other con-
ditions of employment.