Reynolds Corp.

National Labor Relations Board - Board Decisions

May 26, 1945

61 N.L.R.B. 1495 (N.L.R.B. 1945)

In the Matter Of REYNOLDS CORPORATION and UNITED STEELWORKERS
OF AMERICA, C. I. O.
Case No. 10-R-1392.-Decided May 26, 1945
Mr. R. E. Starnes, of Atlanta, Ga., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Steelworkers of
America, C. I. 0., herein called the U. S. A., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Reynolds Corporation, Milledgeville, Georgia, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Dan M. Byrd, Jr.,
Trial Examiner. Said hearing was held at Milledgeville, Georgia, on
May 10, 1945. Although the Company, Workers Welfare Associa-
tion, herein called the Association, and the Grievance Committee,
herein called the Committee, were served with Notice of Hearing, only
the Union appeared and participated in the hearing? However, coun-
sel for the Company submitted a stipulation to the Trial Examiner
prior to the hearing which was agreed to by the U. S. A. and which
is the basis for our decision below. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby,
affirmed. As stated hereinabove, the Company submitted a stipula-
tion to the Trial Examiner prior to the hearing. At the hearing, the
U. S. A. stated that it was in accord with the stipulation. The stipu-
lation is hereby approved by the Board. All parties were afforded
opportunity to file briefs with the Board. The Company's request
for oral argument is hereby denied.
I In Matter of Reynolds Corporation, 61 N L R B 1446, the Board has found the
Association and the Committee to be company-dominated organizations and ordered that
they be disestabli shed. Accordingly, we shall not accord a place on the ballot in the
election hereinafter to be directed to either the Association or the Committee
61 N L. R. l3., No 237.
1495
1496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Reynolds Corporation is a Delaware corporation and an affiliate
of Reynolds Metals Company, which owns 46.75 percent of its voting
stock. Reynolds Metals Company operates some 40 plants in 16
States. The Company, under a management contract with the
United States Government, manages a plant at Milledgeville, Georgia,
which is wholly owned by the United States Government. The plant
is known as the United States Naval Ordnance Plant and is engaged
in the manufacture of fuses for Naval Ordnance. The plant uses
raw materials valued in excess of $100,000 annually, practically all
of which is shipped to it from points outside the State of Georgia.
All materials are bought for the account of the United States Gov-
ernment. All products manufactured at the Naval Ordnance Plant
at Milledgeville are transported by the United States Government to
the United States Naval Ordnance Plant at Macon, Georgia, for
further processing; all fuses are used by the United States Navy.
We find, contrary to the contentions of the Company, that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act.2
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the U. S. A. as the exclusive col-
lective bargaining representative of the employees at the United
States Naval Ordnance Plant at Milledgeville until such time as the
U. S. A. is certified by the Board.
A statement of a Field Examiner of the Board, incorporated into
the stipulation' alluded to above, indicates that the U. S. A. repre-
sents a substantial number of employees in the unit hereinafter found
to be appropriate.3
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.
2 See Matter of Reynolds Corporation , 61 N. L R. B , 1446.
The Field Examiner reported that the U. S. A. presented 569 authorization cards,
There are approximately 1,560 employees in the appropriate ilnit,
REYNOLDS CORPORATION
IV. THE APPROPRIATE UNIT
1407
We find, in substantial agreement with the Company and the
U. S. A., that all employees of the Company at the Milledgeville
plant, excluding plant protection employees, nurses, telephone oper-
ators, office and clerical employees, civil service employees, trainees
while attending school, auditing department employees, laboratory
technicians (analysts), assistant foremen and employees above that*
rank, 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, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.4
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 Rela-
tions 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 Reynolds Cor-
poration, Milledgeville, Georgia, 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 Tenth 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 Regulations, 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
* The Company and the U. S . A. agreed to include working foremen , leadermen , and set-up
men "because they are not supervisory employees " , they further agreed that the duties
of these employees as described in the stipulation are their duties "at the present time,
regardless of what their duties may have been at any other previous date " The aforesaid
description indicates they are not supervisory employees within the above definition.
1498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 United Steelworkers of America, C. I. 0., for the purposes of
collective bargaining.
MR.. JOHN M. HousTON took no part in the consideration of the
above Decision and Direction of Election.