Semet-Solvay Co.

National Labor Relations Board - Board Decisions

Aug 23, 1944

57 N.L.R.B. 1514 (N.L.R.B. 1944)

In the Matter Of SEMET-SOLVAY COMPANY and UNITED STEELWORKERS
OF AMERICA (CIO)
,Case No. 9-R-1477.-Decided August 23, 1944
Mr. Howard Van Antwerp, Jr., of Ashland, Ky., for the Company.
Mr. Howard N. Porter, of Columbus, Ohio, and Mr. IV. N. Vanover,
of Ashland,.Ky., for the Union.' -
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION0
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America
"(CIO), herein called the Union, alleging that a -question affecting
commerce had arisen concerning the representation of employees of
Semet-Solvay Company, Ashland, Kentucky, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Benjamin E. Cook, Trial Exam- -
iner. Said hearing, was held at Catlettsburg, Kentucky, on July,20,
1944. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from 'prejudicial
error 'and, are hereby affirmed. All parties were- afforded an, oppor-
tunity to file briefs with the Board.' -
Upon the entire record in the case, the Board makes the following:,
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Semet-Solvay Company, a New York corporation, operates a plant
located in Ashland, Kentucky, herein referred to as the Ashland
1 Subsequent to, the hearing , the parties executed a stipulation, dated August 5, 1944,
correcting cei tarn errors in the record made at the heating. The record ie hereby corrected
in accordance with this stipulation.
57 N. L. R. B., No. 243.
1514 -
f
SEMET-SOLVAY COMPANY 1515
plant. The Ashland plant manufactures coke and by-products of coal.
During the year 1943, 50 percent of the principal raw materials used
by the-Company in the manufacture of its products was obtained from
States other than the State of Kentucky, and during this same period
,approximately 20 percent of the finished products produced at the,
Ashland plant was shipped_to points located outside of said State.
The Cbmpany'admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II.`THE ORGANIZATION INVOLVED
United- Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
,III. THE QUESTION CONC.RNING REPRESENTATION
The Company refused to recognize the Union as exclusive collective
bargaining representative of certain of its employees until the Union
has been certified'by the Board.
A statement of a -Field Examiner for the Board, introduced into
'evidence at the hearing, as supplemented by a'statement of the Trial
Examiner made at the hearing, indicates that the Union represents a
substantial number of employees in the unit hereinafter found ap
propriate.2
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
Substantially in accordance with the stipulation of the parties at the
hearing we-find that all 'employees of the Company at its Ashland
plant, including gatemen, janitors, and truck drivers, but excluding
office employees, and timekeepers, factory or plant clerks (if any), as-
sistant chief clerks, plant engineer, master mechanic, assistant master
mechanic, chief chemist, plant chemist, yardmaster, head flue man, and
all 'other supervisory employees with authority to hire, promote, dis- ,
charge, discipline, or otherwise effect 'changes in the status of em-
ployees, 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. -
2 The Field Examiner reported that the Union submitted T1 designation cards The Trial
Examiner repotted that the Union submitted to him 131 designation cards, of which 95
bore the signatures of persons appeasing upon the Company's pay roll dated July 15,
1944 , and that said pay roll contained the names of 214 employees.
1516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
W. THE , DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.3
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 pursualit 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 Semet-Solvay
Company, Ashland, Kentucky, 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 Ninth Region, acting in this matter as agent
for the National Labor Relations Boaid, 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 during said pay-roll
period because t lley were ill or on vacation or teinporarily laid off, and
including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those employees
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, affiliated C. I. 0., for the purposes of collective bargaining.
CHAIRMAN, MILLIS took no part in the consideration of the above
Decision and Direction- of•Election.
3 The Union requested that it be designated on the ballot as "United Steelworkers of Amer-
ica, affiliated C. I. 0.11 This request is hereby granted.