St. Joseph Lead Co.

National Labor Relations Board - Board Decisions

May 25, 1942

41 N.L.R.B. 236 (N.L.R.B. 1942)

In the Matter of ST. JOSEPH LEAD COMPANY and INTERNATIONAL'
UNION OF MINE, MILL AND SMELTER WORKERS, C. 1. O.
Case No. R-3781.-Decided May 2x5,19/2
Jurisdiction : lead mining 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 : all production and maintenance
employees at one of Company's plants, including a certain storeroom employee,
the machine-shop lead man, the carpenter-shop lead man, a change-room
employee, but excluding officers, clerical employees, office employees, super-
visors, guards, watchmen, chemists, all salaried employees, telephone operators,
the craftsman's apprentice, weighers, a lead man, and a storeroom clerk.
Mr. Parkhurst Sleath, of Bonne Terre, Mo., and Mr. W. E. Moser
and Mr. Wallace Cooper, of St. Louis, Mo., for the Company.
Mr. Victor B. Harris, of St. Louis, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Union of Mine, Mill and Smelter Workers, C. I. 0., herein called
the Union,, alleging that a question affecting commerce had arisen
concerning the representation of employees of St. Joseph Lead Com-
pany, Herculaneum, Missouri, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Charles K. Hackler, Trial Examiner. Said
hearing was held at St. Louis, Missouri, on April 24, 1942. The Com-
pany 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. At the commencement of
the hearing the Trial Examiner granted a motion of the Union to
amend its amended petition with respect to formal matters. At the
close of the hearing, counsel for the Company moved to dismiss the
41 N. L. R. B., No. 53.
236
ST. JOSEPH LEAD COMPANY '237
proceedings. The Trial Examiner reserved his ruling. The motion
is hereby denied. The Trial Examiner's rulings made at the hearing
-are free from prejudicial error and are hereby affirmed.
On May 11, 1942, the Company, filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
St. Joseph Lead Company is'a New York corporation operating a
plant at Herculaneum, Missouri, where it is engaged in the business
of mining, milling, smelting, and distributing lead. During 1941,
the Herculaneum plant smelted between 80,000 and 90,000 tons of
lead, over 90 percent of which was shipped out of Missouri. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill and, Smelter Workers, is a
labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 17, 1942, the Union, claiming to represent a majority
of the Company2s employees, requested the Company to grant it
exclusive recognition. On January 22, 1942, the Company denied
this request until such time as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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 Union urges that all hourly paid production and maintenance
employees at the Herculaneum plant of the Company, excluding
I The Regional Director reported that the Union presented 144 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany 's pay roll of April 6, 1942 . There are approximately 280 employees in the unit
hereinafter found to be appropriate
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
officers, clerical employees, office employees, supervisors,2 - guards,
.watchmen, chemists, and all salaried employees, constitute an appro-
priate unit. The Company does not object to the classifications of
employees the Union desires excluded. However, the parties are in
disagreement as to the status ofthe following employees. The-Union
urges that all such employees be excluded from the unit and the
Company that they be included.
Claude Leonard, Jr., Andy Burlage, and Shirley Bryant are classi-
fied by the Company as weighers. The Union asked that such em-
ployees be excluded from the unit on the ground that they are clerical
employees. Leonard, Jr., and Burlage weigh lead, make a clerical
record of the weights, seal freight' cars, and forward ,the clerical
records to the offices of the Company. They do no manual labor.
Bryant weighs all incoming and outgoing freight cars and makes a
clerical record of same which is forwarded to the offices. He performs
no manual labor. Under the circumstances we shall exclude Leonard,
Jr., Burlage, and Bryant from the unit.
The Company employs four telephone operators. The Union urges
that they be excluded from the unit on the ground that their work
is in the nature of that performed by clerical employees and that they
are women. These employees work in a building by themselves and
are not eligible to membership in the Union. Inasmuch as they per-
form substantially different work, we shall exclude the telephone
operators from the unit.
Cecil Womack is classified by the Company as a storeroom clerk.
The Union urges that he be excluded from the unit on the ground
that he is a clerical employee. This employee keeps a clerical record
of all incoming and outgoing materials in the stockroom and mares
a clerical record of the transactions. He does not actually handle
the materials except in rare instances. 'Under the circumstances we
shall exclude Womack from the unit.
James Greenlee works in the storeroom with Womack. The Union
urges that Greenlee be excluded from the unit on the ground that
he is a clerical employee. It appears that Greenlee actually receives
and issues supplies. -He performs no clerical work and in addition
to handling supplies is the janitor of the storeroom. We shall include
Greenlee in the unit.
Martin Ellis is an hourly paid yard employee. The Union urges
that he be excluded from the unit on the ground that lie is a super-
visory employee. It appears that Ellis is a lead man for a group of
laborers and earns approximately $1 more per day than they do. The
Company conceded that his duties are substantially similar to those
i
2 The parties agree that w T Scaggs, Arthur Scaggs, Albert Nash, and Firmin- Declue
should be included in the list of supervisory employees to be excluded from the unit.
ST. JOSEPH LEAD COMPANY 239
performed by Albert Nash, who ' was excluded from the unit by
agreement of the parties. Under the circumstances, we shall exclude
Martin Ellis from the unit.
Moody Johnston and Fred Meng are lead men in the machine shop
and carpenter shop respectively. The Union urges that they be ex-
cluded from the unit on the ground that they are supervisory em-
ployees. It appears that because of the experience of these employees
they are designated as lead men for groups of employees . They have
no authority to recommend the hire, discharge , or discipline of any
employees . They are paid on an hourly basis and spend a majority
of their time performing manual duties. We shall include Johnston
and Meng in the unit.
William White is employed in the change room. The Union urges
that he be excluded from the unit on the ground that he is a super-
visory employee. White dispenses towels, soap , and overalls in the
change room and is paid on an hourly basis. He spends practically
all his time performing manual duties and has no authority to recom-
mend the hire , discharge, or discipline of any other employees. We
shall include White in the unit. '
The Company has a position classified as draftsman 's apprentice.
The Union urges that the employee occupying this position be ex-
cluded from the unit on the ground that he performs clerical duties.
This employee makes tracings , takes care of plant gas and electric
meters, and helps the engineer with measurements . We shall, exclude
the draftsman 's apprentice from the unit.
We find that all hourly paid production and maintenance employees
at the Herculaneum plant of the Company, including James Greenlee,
Fred Meng, Moody Johnston, and William White, but excluding
officers, clerical employees, office employees , supervisors, guards,
watchmen , chemists, all salaried employees , telephone operators, the
draftsman 's apprentice , Claude Leonard, Jr., Shirley Bryant, Andy
Burlage, Cecil Womack, and Martin Ellis , constitute a unit appro-
priate for the purposes of collective bargaining , within the meaning
of Section 9 (b) of the Act.
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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of Direction of Election
.herein' subject to the limitations and additions set forth in the
Direction.
240 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
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 to ascertain representa-
tives for the purposes of collective bargaining with St. Joseph
Lead Company, Herculaneum, Missouri, 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, tinder 'the direction and super-
vision of the Regional Director for the Fourteenth 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 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 any such employees
who did not work during said pay-roll period 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 any who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by International Union of Mine, Mill
and Smelter Workers, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
Mr. GERALD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
In the Matter of ST. JOSEPH LEAD COMPANY ' and INTERNATIONAL UNION
OF MINE, MILL AND SMELTER WORKERS, C. I. O.
Case No. R-3781
CERTIFICATION OF REPRESENTATIVES
June 18, 1942
On May 25, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above`-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot
was conducted on June 3, 1942, under the direction and supervision
of the Regional Director for the Fourteenth' Region (St. Louis, Mis-
souri). On June 5, 1942, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties an Election Report on the ballot. No objections to the con-
duct of the ballot or the Election Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of ballots cast------------------------------ 252
Number of ballots challenged ----------------------------- 5
Number of blank ballots---------------------------------- 0
Number of void ballots----------------------------------- 0
Total number of valid votes counted----------------------- 247
Number of ballots voted for International Union of Mine, Mill
and Smelter Workers (C. I. 0 ) -------------------------- 134
Number of ballots voted against International Union of Mine,
Mill and Smelter Workers (C I 0.) ____________________, 113
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, 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 CERTIFIED that International Union of Mine, Mill and
Smelter Workers, affiliated with the Congress of Industrial Organiza-
f
1 41 N L R B 236
41 N. L. R. B, No. 53a.
463392-42-vol. 41-16 241
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions, has been designated and selected by a majority of all hourly paid
production acid maintenance employees at the Herculaneum, Missouri,
plant of St. Joseph Lead Company, including James Greenlee, Fred
Meng, Moody Johnston, and William White, but excluding officers,
clerical employees, office employees, supervisors, guards, watchmen,
chemists, all salaried employees, telephone operators, the draftsman's
apprentice, Claude Leonard, Jr., Shirley Bryant, Andy Burlage, Cecil
Womack, and Martin Ellis, as their representative for the purposes of
collective bargaining and that, pursuant to Section 9 (a) of the Act,
International Union of- Mine, Mill, and Smelter Workers, affiliated
with the Congress of Industrial Organizations, is the exclusive rep-
resentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of 'employment, and other
conditions of employment.