Pennsylvania Salt Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 4, 1945

61 N.L.R.B. 314 (N.L.R.B. 1945)

In the Matter Of PENNSYLVANIA SALT MANUFACTURING COMPANY and
DISTRICT 50, UNITED MINE WORKERS OF AMERICA
Case No. 4-R-1655.-Decided April 4, 1945
Mr. V. K. O'Connor, of Philadelphia, Pa., and Messrs. C. S. Beldlun
and C. L. Blake, of Easton Pa., for the Company.
Messrs. Angelo Ce f alo and Peter Sedor, of Philadelphia, Pa., for
the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by District 50,
United Mine Workers of America, herein called the Union, alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of Pennsylvania Salt Manufacturing Com-
pany, Easton, Pennsylvania, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Geoffrey J. Cunniff, Trial Examiner. Said hear-
ing was held at Easton, Pennsylvania, on March 9, 1945. The Com-
pany and the Union appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing do the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the follow-
ing :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pennsylvania. Salt Manufacturing Company is a Pennsylvania
corporation operating a plant at Easton, Pennsylvania, where it is
61 N. L. R. B., No. 39:
314
PENNSYLVANIA SALT MANUFACTURING COMPANY 315
engaged-in the manufacture and sale of heavy chemicals. During
1944 the Company purchased raw materials for use at its 'Easton
plant valued at about $664,000, approximately 75 percent of which
was shipped to it from points outside the Commonwealth of Penn-
sylvania. During the same period the Company sold products from
its Easton plant valued at about $2,000,000, 82 percent of which was
shipped to points outside the Commonwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as, the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be,
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
at the Easton plant of the Company, including truck drivers and ship-
ping employees, but excluding office clerical employees, laboratory
and technical employees, guards, watchmen, superintendents, and
foremen, constitute an appropriate unit. The only controversy with
respect to the unit concerns shift leaders. The Company would in-
clude them in the unit. .
The Company employs eight persons classified as shift leaders.
Each of the shift leaders works with two or three other employees.
They spend substantially all of their" time performing manual labor
and are the most experienced and most skilled employees in the plant.
The record indicates that the shift leaders have no authority to make
effective recommendations which *ou1d in any way affect the welfare
i The Field Examiner reported that the Union presented 49 authorization cards. There
are approximately 108 employees in the appropriate unit.
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the employees working with them. We shall , accordingly , include
them in the unit.
We find that all production and maintenance employees at the
'Easton plant of the Company, including truck drivers , shipping
employees , and shift leaders, but excluding office clerical employees,
laboratory and technical employees , guards, watchmen , superintend-
ents, foremen , and 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 , consti-
tute 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 means of an election by secret ballot among
the employees 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.
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 representa-
tives for the purposes of collective bargaining with Pennsylvania Salt
Manufacturing Company; Easton , Pennsylvania , an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fourth 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 Regula-
tions, 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 said pay-roll period because they were ill or on vacation
or temporarily laid off , and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding any 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 District
50, United Mine Workers of America, for the purposes of collective
bargaining.