Solvay-Process Co.

National Labor Relations Board - Board Decisions

Mar 12, 1941

30 N.L.R.B. 264 (N.L.R.B. 1941)

In the Matter of SOLVAY-PROCESS COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case, No. R-2341.-Decided March 12, 19111
Jurisdiction : stone quarrying industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition without certification by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly rate production and
maintenance employees, including' watchmen, but excluding foremen, superin-
tendents, assistant superintendents and clerical employees; no controversy
as to.
Mr. Rockwell T. Gust, of Detroit, Mich., for the Company.
Mr. Elwood T. Stanley, Mr. Hon?.er B. Bell, and Mr. Severins Pollo,
of Detroit, Mich. ; and Mr. 1-17illiam Richman, of Rockwood, Mich., for
the Union.
Miss Grace McEldowney, of counsel to the Board.,
DECISION-
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 20, 1940, District 50, United Mine Workers of
America, affiliated with the Congress of Industrial Organizations,
herein called the Union, filed with the Regional Director for the
Seventh Region (Detroit, Michigan) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees, of Solvay-Process Company, Trenton, Michigan, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act; 49 Stat. 449, herein called the Act. On February' 3,
1941, 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
30 N. L . R, B., No. 39.
264
SOLVAY-PROCESS COMPANY 265
Director to conduct it and- to provide for an appropriate hearing
upon due notice. . . - I • - ° I `
Pursuant to notice duly served upon -the Company and the Union,
a hearing was held on February 20, 1941, at Detroit, Michigan, before
Earl R. Cross, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company was represented by counsel and the Union
by counsel and one of its officials; both 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 the
parties. `
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 engaged in the operation of a stone
quarry at Trenton, Michigan. During the year 1940 it received from
outside the State of Michigan, for use in its operations, 200 cars of
coal, worth $42,000; 11 cars of dynamite, worth $35,000; 10 cars of
miscellaneous material, such as bags, railroad ties, and railroad main,
tenance material, worth $13,000; and various miscellaneous machines,
repair parts, and tools. It produced 13,000 cars of limestone which
it delivered to its own plant operation and other, local. plants, and 60
cars of ground limestone, valued at $4,000 or $5,000, which it shipped
outside the State.'
The Company admits that it is engaged in commerce within the
meaning of the Act.
H. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. :It
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about December 12,1940, the Union approached the Company
in regard to securing recognition as the exclusive bargaining agent of
its employees. The Company admits that it refused to grant such
recognition without certification by the Board.
i The quantities and values given in this paragraph are approximate figures.
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Trial Examiner, made during the course of
the hearing, shows that the Union represents a substantial number
of employees in the proposed unit.2
We find that a question has arisen concerning the representation
of-employees of , the, Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company de-
scribed in Section I above, has a close, intimate, and substantial rela-
tion 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
In its petition the Union requested a unit of hourly rate production
and maintenance employees, excluding foremen, superintendents:
assistant. superintendents, watchmen, and office and clerical employees.
At, the hearing the proposed unit was amended to include watchmen
who perform other duties. Among the employees who might be
classified as watchmen are 8 men who take care of the Company's
locomotives and steam shovels at night and prepare them for use;
16 or 18 men who perform similar duties on.Sundays and holidays,
but operate the locomotives and steam shovels during the week; and
three patrolmen who have been sworn in as special Trenton police.
All of these employees perform other work in addition to their duties
as watchmen, are paid by the hour,, and are eligible for membership
in the Union. The Company does not ask for their exclusion, and
makes no contention as to the appropriate unit. We see no reason
for departing from the unit proposed by the Union.
We find that all hourly rate production and maintenance employees,
including watchmen, but excluding foremen, superintendents, assis-
ant superintendents and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining, and that such unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
''The Trial Examiner stated that the Union had submitted 139 application cards, all
of which bore apparently authentic signatures except eight , which were printed. Of
the names on the cards , 111 appeared on the Company 's hourly pay roll of February 5,
1941, which listed 162 employees , including some 6 hourly paid foremen.
SULVVAZ-PROCESS COMPANY 267
VI. THE DETERMINATION OF REPRESENTATIVES
We, find that the question which has arisen concerning the repre-
sentation of employees can best be resolved by an election by secret
ballot. The Union wishes to have the pay roll of December 12, 1940,
the date 'of signing the petition, used to establish eligibility to vote,
while the Company requests the use of a current pay roll.
Since December 12 there have been approximately 29 men laid
off, and at least one new employee has been hired. The Company
regards the lay offs as permanent because certain construction work
for which additional men were hired in 1940 has been completed.
Ordinarily there is little fluctuation in the number of employees at
the plant, and the present staff is considered adequate to operate the
quarry under present conditions. The Union claims, however, that
the men who have been recently laid off are interested in the selection
of representatives, since the Company has in the past given preference
in hiring to former, employees, according to their seniority. It also,
expresses a fear of further lay-offs prior to the election if the pay
roll of that date is authorized. In accordance with our usual practice
we shall direct that the employees eligible to vote shall be those within
the appropriate unit during the pay-roll period immediately preced-
ing the Direction of Election, subject to such limitations and condi-
tions as are set forth in the Direction.
Upon the basis of the foregoing 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 Solvay-Process Company, Trenton, Michi-
gan, within the meaning of Section 9 (c) and Section 2 (6) and (7),
of the National Labor Relations Act.
2. All hourly rate production and maintenance employees, includ-
ing watchmen, but excluding foremen, superintendents, assistant
superintendents, and office and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the 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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Solvay-Process Company, Trenton, Michigan, 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 of Election, under
the direction and supervision of the Regional Director for the Seventh
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all hourly rate production and maintenance
employees, including watchmen, who were employed during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion, and including -any such employees who did not work during
such pay-roll period because they were ill or on vacation or absent
because called for military service, and employees who were then or
have since' been temporarily laid off,,but excluding foremen, super-
intendents, assistant superintendents, and office and clerical em-
ployees, and excluding also employees who shall have since quit or
been discharged for cause, to determine whether or not they desire
to be represented by District 50, United Mine Workers, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.