Semet-Solvay Co.

National Labor Relations Board - Board Decisions

Jun 23, 1942

41 N.L.R.B. 1205 (N.L.R.B. 1942)

In the Matter of SEMET-SOLVAY COMPANY and DisamicT 50, UNITED
MINE WORKERS OF AMERICA, LOCAL UNION.12308
Case No. R-3708
SUPPLEMENTAL DECISION
AND
DIRECTION
June 03, 1942
'On April 24, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on May 8, 1942, under the direction and' supervision of
the Acting Regional Director for the Tenth Region (Atlanta, Geor-
gia). On May 22, 1942, the Acting Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued an Election
Report, copies of which were duly served upon the parties.
As to the balloting and the results thereof, the Acting Regional
Director, in his Election Report as subsequently amended, reported
as follows :
Number of names on eligible list for such pay -roll period____ 323
Total ballots cast----------------------------------------- 290
Total ballots challenged------------------------------------ 12
Total void ballots----------------------------------------- 2
Total blank ballots--------------------------------------- '1
Total valid votes counted --------------------------------- 275
Votes cast for DISTRICT 50, UNITED MINE WORKERS OF
AMERICA, LOCAL 12308----------------------------------- 142
Votes cast against above Union---------------------------- 133
In the 'Election Report, the Acting Regional Director recommended
that the challenges be overruled as to six persons': Ross' M. Sims,
J. C. Ellison, Allen Waldrop, C. S. 'Jackson, Leon E. Allen, and
Paul Dawson, and that the challenges be sustained as to the remaining
six persons : L. D. Stripling, Robert Merrill, R. W. Abbott, D. S.
Burdett, Ralph Ward, and Joe Morrison. On May 28, 1942, Semet=
i 40 N . L. R: B. 821.
41 N. L. It. B., No. 219.
1205
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Solvay Company, herein called the Company, filed Objections to the
conduct of the ballot and to the Election Report. Of the six chal-
lenges sustained by the Acting ` Regional Director, the Company
disputed the rulings as to all but Joe Morrison. The Company also
objected to the denial of its request that ballots be mailed to seven
named employees now in the active military service or training of
the United States. On May 30, 1942, District 50, United Mine Work-
ers of America, Local Union 12308, herein called the Union, filed
Answers to Objections of the Company to the Election Report. On
May 30, 1942, the Acting Regional -Director issued a Report on Ob-
jections and Amendment to Elect-ion Report, copies of which were
duly served on the parties.
Since the results of the election may be affected by the challenged
ballots, we shall consider the challenges :
Ross.M. Sims
Sims is employed as an assistant oven foreman. He oversees the
work of 50 or 60 employees working on the shift under the oven
foreman and reports to the foreman any errors or difficulties. Fre-
quently, he relays the foreman's orders to the'men at work, and, when
so directed by the foreman, he obtains needed equipment from the
storeroom for the men. He also assists the oven foreman in making
up a shift. We find, contrary to the Acting Regional Director, that
Ross M. Sims is a supervisor and, accordingly, we shall sustain the
challenge to his ballot.
J. C. Ellison, Allen Waldrop, C. S. Jackson, Leon E. Allen, and
Paul Dawson
Ellison, Waldrop, Jackson, Allen, and Dawson are employed as
coke-screen operators, and the Union urges that they should be
excluded as supervisors.2 They keep the coke-screen machinery
greased, oiled, and in proper running corder,, weigh cars, prepare load-
ing tickets, and fill out loading sheets. Each coke-screen operator
works 'at the screen with three other employees whose time records
he keeps, but he has no ,power :either to discharge them or to recom-
mend their discharge. We find that the coke-screen operators are
not supervisory employees and that they fall within the unit .of -pro-
duction and maintenance employees. Accordingly, we shall 'sustain
the Acting Regional Director's rulings as to J. C. Ellison, Allen
Waldrop, C. S. Jackson, Leon E. Allen, and Paul Dawson.
2 In a letter dated May 15, 1942, to the Acting Regional Director the Union took the
position that all 12 persons chaliengo9 were not within the appropriate unit and -that
the challenges should be sustained.
SEMET-SOLVAY COMPANY 1207
L. D. Stripling
The Acting Regional Director's investigation discloses that Strip-
ling is a timekeeper-typist. Stripling works in the office, under the
supervision of the chief clerk, checking time cards against work
sheets of the foremen, adding up material tickets and distributing
material costs to the different classifications of the plant's operations,
and keeping a "men working" book. He also does some typing and
filing. He is hourly, paid. We find, contrary to the ruling of the
Acting Regional Director, that L. D. Stripling is within'the appro-
priate unit and that his ballot should be counted.
Robert Merrill, R. W. Abbott, D. S. Burdett, and Ralph Ward
The Acting Regional Director's investigation discloses that Merrill,
Abbott, Burdett, .and Ward are employed as watchmen, that they
wear uniforms and special police badges, and that they are deputized
by the sheriff of Jefferson County, Alabama. They guard the gates
at the entrance to the plant and prevent unauthorized persons from
entering the plant. Practically all their time is spent in plant and
property-protection duties. We find, contrary to the rulings of the
Acting Regional Director, that Robert Merrill, R. W. Abbott, D. S.
Burdett, and Ralph Ward are within the appropriate unit 3 and that
their ballots should be counted.
As stated above, the Company objected to the denial by the Acting
Regional Director of its request that ballots be mailed to seven em-
ployees now in the active military training or service of the United
States. We have held before that, while such employees are eligible
to vote in elections held under the Act, they cannot be permitted to
vote by mail if elections are to be held in expeditious and orderly
fashion.4
We find that the Company's objections, except as to the Acting
Regional Director's rulings on the ballots of Stripling, Merrill, Ab-
bott, Burdett, and Ward, raise no substantial and material issues with
respect to the conduct of the ballot or to the Election Report as
amended. Since no objections were made by any of the parties to
the Acting Regional Director's recommendation that the challenge
to the ballot of Joe Morrison be sustained, we shall direct that Mor-
rison 's ballot be not counted. In view of our findings above, we shall
further direct that the ballot of Ross Al. Sims also be not counted,
but that the ballots of J. C. Ellison, Allen Waldrop, C. S. Jackson,
8 See Matter of McAndrews & Forbes Company and Licorice & Paper Employees Associa-
tion of Camden, New Jersey , 39 N L R B 699
4 See Matter of Wilson it Co , Inc and Packinghouse Workers Organizing Committee,
Local No. 20, affiliated with the C. I. 0 , 2 7 N. L R B 944.
1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Leon E. Allen, Paul Dawson, L. D. Stripling, Robert Merrill, R. W.
Abbott, D. S. Burdett, and Ralph Ward be opened and counted.
DIRECTION
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Semet-Solvay
Company, Ensley, Alabama, the Regional Director for the Tenth
Region (Atlanta, Georgia) shall, pursuant to said Rules and Regula-
tions and subject to Article III, Section 9, thereof, within ten (10)
days from the date of this Direction, open and count the ballots *of
J., C. Ellison, Allen Waldrop, C. S. Jackson, Leon E. Allen, "Paul
Dawson, L. D. Stripling, Robert Merrill, R. W. Abbott, D. S. Bur=
Jett, and Ralph Ward, and not count the ballots of Joe Morrison
and Ross M. Sims, and shall thereafter prepare and cause to be
served upon the parties a Supplemental Election Report embodying
his findings and recommendations as to the results of the balloting.