Solvay Process Co.

National Labor Relations Board - Board Decisions

Mar 5, 1943

47 N.L.R.B. 1342 (N.L.R.B. 1943)

In the Matter of SOLVAY PROCESS' COMPANY and DISTRICT 50, UNITED
MINE WORKERS'OF AMERICA
Case No. R-4917.-Decided March 5,1943
Jurisdiction : chemical manufacturing industry.
Investigation and Certification of Representatives : existence of question: stipu-
lation as to ; election necessary. '
Unit Appropriate for Collective Bargaining : all maintenance, production, trans-
portation, shipping, receiving, and railroad employees of company. •at one of
its plants, with specified exclusions; agreement as to.
Hiscock, Cowie, Bruce, Lee cC Mawhinney, by Mr. H. Duarne Bruce,
of Syracuse, X. Y., for the Company.
Mr. Samuel E. Angoff, of Boston, Mass., and Mr. Hugh, V. Brown,
of Syracuse, N. Y., for the, Union.
'Mr. Wallace E. Royster, of counsel to the Board.
'DECISION,
AND
DIRECTION OF ELECTION
STATEMENT 'OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Solvay Process Company, Syracuse, New York, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing,upon due notice before Francis V. Cole, Trial Exa iner.
Said hearing was held at Syracuse, New York, on February 16,` 1943.
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.
Upon the entire 'record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Solvay Process Company is a, New York corporation with plats in
Solvay, Tully, and Jamesville, New York. The Jamesville plant alone
47 N. L. R. B, No. 173.
1342
i SOLVAY,1 PROCESS COMPANY 1343
is involved=in this proceeding. The Company is engaged. in the manur
'facture' of chemical products. During the period from December 1,
1941, to November 30, 1942, the Company used at its Solvay plant
raw materials valued, in excess of $1,000,000, of which- approximately
25 percent was shipped to its Solvay plant from points outside New
York. 'During the same period,'the' Company manufactured finished
products at its Solvay plant valued in excess of $1,000,000, of which
apprbxithi tely 75 percent was shipped' to points outside New York
At its 'Jamesville plant the Company mines, crushes, and sizes lime-
stone. About 50 percent of'•the limestone so - processed' is used at its
Solvay plant in the manufacture of chemicals. The remainder is sold
commercially.
The Company concedes for the purpose of-this proceeding that it is
engaged in coimerce within the meaning of the National Labor Rela-
tions Act.
H. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING 'REPRESENTATION
It was stipulated at the hearing that the Company refuses to recog-
nize the Union as the bargaining representative for the employees at
the Jamesville plant, unless and until it is certified by the Board as
'such representative.
A statement of the Field Examiner; introduced into evidence, indi-
'cates that the Union represents a substantial number of employees in
the unit hereinafter found appropriate?
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
The parties agree, and we find, that all maintenance,, production,
transportation, shipping, receiving, and railroad employees of the
Company-at its plant in'Jamesville, New York, excluding supervisory
employees, clerical employees, executives of the Company, office em-
ployees, guards, draftsmen,' and civil engineers, constitute a unit ap-
1 The Field Examiner stated that the Union submitted 147 designations, all of which
bore apparently genuine, original signatures Eleven designations were undated and
the remainder were dated variously from July 1942 'through January 1943. One hundred
and twenty-three designations bore the names of persons whose names appear on the
Company's pay roll of January'23, 1943. There are 255 employees in the appropriate
unit
1344 DECISIONS OF NATIONAL LABOR RE'LAT10NS BOARD
propria'te for the purposes of collective bargaining within*the'meauiiig
df Section (b) of the Act.2'
V. '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
'employees in the tippropriate 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 poi er vested in the National Labor
Relations Board by'Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations=Series 2, as amended, it is hereby
DiimcTED'that, as apart of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Solvay ,Process
Company, Syracuse, New York, ail 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 I I lie
Regional Director for the Third Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Section 10; of said Rules and"Regulations, among a,ll'elnployees of^ the
Company in the unit found appropriate in Section IV, above, who
w , ere emplo^ed' during the .pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on-vacation or, teinporarily
laid off, and including employees in' the armed. forces of the United
States who pre'sent'tliemselves iii person at the polls, but excluding
any who have -since' quit or 'been discharged for cause, to determine
whether or not they desire to, be represented by District 50, United
Aline Workers of America, for the lurposes of collective. bargaining.
' The Board has previously established a,bargaiuiug unit composed of employees of the
Solvay and Tully plants and excluding the Jamescille' plant. Matter of The ' b"olvay
Process Company and District 50, United Mine„Workers of America, 46 N, L R B 855