Republic Creosoting Co.Download PDFNational Labor Relations Board - Board DecisionsApr 16, 194240 N.L.R.B. 615 (N.L.R.B. 1942) Copy Citation In the Matter of REPUBLIC CREOSOTING COMPANY, LIMA, OHio and DISTRICT 50, UNITED MINE WORKERS of AMERICA, C. I. O. Case No. R-3658.-Decided April 16, 1942 Jurisdiction : timber creosoting industry. Investigation and Certification of Representatives : existence of question : refusal to accord petitioner recognition; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, including watchmen, but excluding licensed engineers employed in the powerhouse, and supervisory and clerical employees. Mr. Eugene Lippincott, of Lima, Ohio, for the Company. Mr. Edward J. Chasco, of Cleveland, Ohio, for the U. M. W. A. Mr. Berry G. Wilson, of Lima, Ohio, for the Engineers. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION , STATEMENT OF THE CASE On February 16, 1942, District 50, United Mine Workers of America, C. I. 0., herein called the U. DZ. W. A., filed with the regional Director for the Eighth- Region (Cleveland, Ohio) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of Republic Creosoting Company, Lima, Ohio, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 5, 1942, 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 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 13, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the U. M. W. A., and upon International Union of Operating Engineers, affili- ated with the A. F. of L., herein called the Engineers, a labor organiza- 40 N. L. R. B., No. 110. 615 616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion claiming to represent employees directly affected by the investiga- tion. Pursuant to notice, a hearing was held on March 23, 1942, at Lima, Ohio, before Ramey Donovan, the T rial Examiner duly desig- nated by the Chief Trial Examiner. The Company, the U. M. W. A., and the Engineers were represented 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 made rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. After the close of the hearing, by letter dated March 23, 1942, the Engineers notified the Regional Director that it desired to "withdraw all claims pertaining to" this proceeding. Upon the entire record in the case,' the Board makes the following : FINDINGS OF FACT 1. TILE BUSINESS OF THE COMPANY Republic Creosoting Company is an Indiana corporation with its principal office at Indianapolis, Indiana. It operates plants at Mobile, Alabama; Chicago, Illinois; Indianapolis, Indiana; St. Louis Park, Minnesota; Lima, Ohio; Ironton, Utah; Norfolk, Virginia; and Seattle, Washington. Only the Lima, Ohio, plant is involved in this proceeding. At the Lima plant the Company is engaged in the busi- ness of creosoting timber. The total value of timber and other raw materials purchased for use by that plant during 1941 was approxi- mately $425,000, and approximately 73 percent of such timber and materials was purchased outside of the State of Ohio. The total sales value of the products and services of the plant in 1941 was approxi- mately $500,000, and approximately 56 percent of the finished products of the plant were shipped outside of the State of Ohio. II. THE ORGANIZATION INVOLVED District 50, United Mine Workers of America, C. I. 0., is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the U. M. W. A. as the exclu- sive bargaining representative of the Company's employees because the Company is in doubt as to the appropriateness of the unit proposed ' On April 7 , 1942 , the parties filed a Stipulation of Corrections to be Made in Transcript, which is hereby approved and made a part of the record of the proceeding REPUBLIC CREOSOTING COMPANY 617 by the U. M. W. A. and further questions whether the U., M. W. A. represents a majority of the employees in such unit. A report of a Field Examiner of the Board introduced in evidence at the hearing indicates that the U. M. W. A. represents a substantial number of employees in the unit hereinafter found 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 concerningC 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 In its petition the, U. M. W. A. proposes a unit.of all production and maintenance employees of the Lima plant, including watchmen, but excluding supervisory and clerical employees and the four licensed, engineers employed in the powerhouse. At the hearing, the parties stipulated that the appropriate unit should be a production and main- tenance unit, but that there was a dispute over the four licensed engi- neers. The position of the Company as regards these powerhouse employees shifted at the hearing. It argued at first that the power- house employees should be included in the unit, since production could not be carried on without .the powerhouse.3 Later in the hearing ,the ,Engineers proposed that the powerhouse licensed engineers be per- mitted to vote separately for the U. M. W. A., the Engineers, or neither. The Company thereupon adopted that position, stating that it wanted these men to have the right to vote. After the hearing, as has been noted, the Engineers withdraw its claims of representation. The U. M. W. A.'s position at the hearing was that it was immaterial to the U. M. W. A. whether these men were included in or excluded from the unit. 'The Field Examiner reported that the U M W A submitted to him 44 authorization cards , all of which showed payment or partial payment of initiation fees during the month of January 1942; that all the signatures affixed thereto appeared to be genuine oiiginal signatures ; and that the Company 's pay roll foi the week ending February 15, 1942. listing a total of 87 employees , contained names appearing on 32 of the cards The Engi- neers submitted dues records showing that 2 of the Company's 4 licensed engineers belonged ,to its organization No check was conducted to discover whether the U. M W. A. has any members among the licensed engineers. 3 The plant covers 60 acres of land and consists of a powerhouse building , a treating building , a sawmill building , and a number of storage tanks. The three buildings are situated close together . The powerhouse generates steam which is used to run air com- pressors and pumps necessary to operate the treating room 618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Licensed powerhouse engineers are a skilled craft. Their functions, while essert ial to the operations of the Company's plant, differ from those of ordinary production and maintenance employees, and their qualifications fit them for work in powerhouses generally and not particularly for work in creosoting plants. Inasmuch as the U. M. W. A. has neither requested their inclusion in the unit nor demon- strated that it represents them, we shall exclude them from the unit.' We find that all production and maintenance employees of the Company, at its Lima, Ohio, plant, including watchmen, but exclud- ing licensed engineers employed in the powerhouse, and supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and- otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot and we shall so direct. Those eligible to vote shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONcrusIONs OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Republic Creosoting Company, Lima, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of Republic Creosot- ing Company at its Lima, Ohio, plant,.including watchmen, but excluding licensed engineers employed in the powerhouse, and super- visory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. The parties stipulated that as of March 15 , 1942, there were 81 employees at the Lima plant ; of these, 72, including the 4 engineers from the powerhouse , are production and maintenance employees It also appears that the figure 72 includes 4 unlicensed employees ( firemen's helpers ) of the powerhouse who were not claimed by the Engineers. The parties further stipulated that the Company has no contracts with any labor organ- ization It also appears that there is no collective bargaining history other than that an A. F. of L organization approached the Company some time in 1939 to talk over organizing the boilerroom Nothing developed from this incident. REPUBLIC GR'E'OSOTING COMPANY' 619 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, 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 DIRECTED that, as part, of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Republic Creosoting Company, Lima, Ohio, 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 of Election, under the direc- tion and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company at its Lima, Ohio, plant who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing watchmen, and 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 licensed engineers employed in the powerhouse, supervisory and clerical employees, and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by District 50, United Mine Workers of America, C. I .O., for the purposes of collective bargaining. Copy with citationCopy as parenthetical citation