Semet-Solvay Co.

National Labor Relations Board - Board Decisions

Apr 24, 1942

40 N.L.R.B. 821 (N.L.R.B. 1942)

In the Matter of SEMET-SOLVAY COMPANY and DISTRICT 50, UNITED
MINEWORKERS OF AMERICA, LOCAL UNION 12308
Case No. B-3708.-Decided April 04,1942
Jurisdiction : coal byproducts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board : election
necessary.
Unit Appropriate for Collective Bargaining : production, maintenance , shipping,
and receiving employees at the Ensley plant, excluding supervisory forces,
office clerks on salary, and technical employees ; stipulation as to.
Mr. William E. Mitch, and Mr. Charles C. Bennett, of Birming-
ham, Ala., for the Union.
.Mr. E. L. All, of Birmingham, Ala., for the Company.
Mr. Harry H. Kuskin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF. TAE - CASE
On February 20, 1942, and March 26, 1942, District 50, United
Mine - Workers of America, Local Union 12308, herein called the
Union, filed with the Regional Director for the Tenth Region
(Atlanta, Georgia),a petition and an amended petition, respectively,
alleging that a question affecting commerce had arisen concerning
the representation of -employees of Semet-Solvay Company,-Ensley,
Alabama, 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 30, 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.
i A motion to amend all the pleadings to indicate the correct name of the Company,
incorrectly designated as "Semet Solver Company," was referred to the Board by the
Trial Examiner . The motion is hereby granted.
40 N. L. R. B., No. 144.
S21
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 30, 1942, the Acting Regional Director issued a notice
of hearing, copies of which were duly served upon the Company
and the Union. Pursuant to notice, a hearing was held on April 7,
1942, at Birmingham, Alabama, before Alexander E. Wilson, Jr.,
the, Trial Examiner duly designated by the Chief Trial Examiner.
The Company and the Union were represented at 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. No rulings on motions or on objections
to the admission of evidence were made by the Trial Examiner during
the course of the hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS of FACT
1. THE BUSINESS OF THE COMPANY'
Semet-Solvay Company, a New York corporation, operates a plant
at Ensley, Alabama, hereinafter referred to as the Ensley plant, where
it is engaged in the processing of coal into coke and byproducts. The
principal raw material used by the Company is coal. The Company
has a processing agreement with Tennessee Coal, Iron & Railroad
Company, Birmingham, Alabama, under which the Company oper-
ates its byproduct coke ovens at the Ensley plant for the purpose of
processing coal mined and,--furnished by Tennessee Coal, Iron &
Railroad Company. The latter takes the coke, coke breeze, and gas
from the Company's property. The Company makes a processing
charge, and, in addition, retains all other byproducts. During the
calendar year 1941, approximately 20 percent of these other by-
products were sold and shipped out of the State of Alabama by the
Company. The Company employs approximately 355 persons at its
Ensley plant. It admits that it is engaged in commerce' within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, Local Union
12308, is a labor organization admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
frhe parties stipulated that the Company is unwilling to recog-
nize the Union as the exclusive representative of the Company's em-
These findings are based upon a stipulation entered into at the hearing by the parties.
SEMET-SOLVAY COMPANY 823
ployees in the unit herein found to be appropriate until the Union has
been certified as such representative by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, shows that the Union represents a substantial number of em-
ployees in the unit herein found to be appropriate.3
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF TILE 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
It is stipulated, and we find, that all production, maintenance,
shipping, and receiving employees at the Ensley plant, excluding
supervisory forces, office clerks on salary, and technical employees,
constitute a unit appropriate for the purposes- of collective bargain-
ing. We find, further, 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 DETELIMINATION OF REPRESENTATIVES
We find. that the question concerning representation can best be
resolved by an election by secret ballot.
It is stipulated that the employees in the appropriate unit whose
names appear on the Company's pay roll of April 4, 1942, should be
eligible to vote in any election. We shall direct that the employees
eligible to vote in the election shall be those in the appropriate unit
whose names appear on the Company's pay roll of April 4, 1942,
subject to the limitations and additions set forth in the Direction.
The Field Examiner reported that the Union submitted 191 membership application
cards and authorization cards dated as follows : 1 in November 1'940 , 1 in August 1941,
83 in September 1941 , 20 in October 1941 , 2 in November 1941 _2 in December 1941,
.1 in January 1942 , 63 in February 1942 , 2 in March 1942, and 12 undated cards; and
that , of the 179 dated cards , 1 card bore an "X" mark , 8 had printed names , and 1 was
illegible The record shows that the Company has 336 employees at its Ensley plant
in the unit herein found to be appropriate
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Semet-Solvay Company, Ensley, Alabama,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All-production, maintenance, shipping, and receiving employees
at the Ensley plant of the Company, excluding supervisory forces,
office clerks on salary, and technical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
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 8, of National' Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
wih Semet-Solvay Company, Ensley, Alabama, 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, Section 9, of said Rules and Regulations,-among
all production, maintenance, shipping, and receiving employees at the
Company's Ensley plant whose names appear. on the Company's
pay roll of April 4, 1942, including employees who did not work
during the pay-roll period ending on that date 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 supervisory
forces, office clerks on salary, technical employees, and 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, Local Union 12308, for the purposes of collective
bargaining. '