St. Joseph Lead Co.

National Labor Relations Board - Board Decisions

Nov 16, 1943

53 N.L.R.B. 661 (N.L.R.B. 1943)

In the Matter Of ST. JOSEPH LEAD COMPANY AND MINE LAMOTTE COR-
PORATION and INTERNATIONAL UNION OF MINE, MILL & SMELTER
WORKERS, CIO, FOR ITSELF AND ON BEHALF OF LOCAL 648
'Case No. 14-R-760.-Decided November 16, 1943
Mr. Parkhurst Sleeth, of Bonne Terre, Mo., and Mr. Wallace Cooper,
of St. Louis, Mo., for the Company.
Mr. Victor B. Harris, of St. Louis, Mo., Mr. George Cole, of Crystal,
City, Mo., and Mr. Herman Butcher, of Desloge, Mo., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon an amended petition duly filed by International Union of
Mine, Mill & Smelter Workers, CIO, for itself and, on behalf of its
Local 648, herein collectively called the'Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of St. Joseph Lead Company and Mine Lainotte Corporation,
Bonne Terre, Missouri, herein called the Companies, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Keith W. Blinn, Trial Examiner. Said hearing was
held at Farmington, Missouri, on October 25, 1943. The Companies
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
St. Joseph Lead Company, a New York corporation with its execu-
tive offices located in New York City and its principal offices and place
53 N. L. 11 B., No. 119. -
661
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of business located at Bonne Terre, Missouri, is engaged in the mining,
milling, and smelting of lead. During the year 1942, St. Joseph Lead
Company purchased raw materials valued in excess of $100,000, of
which more than 50 percent was shipped to its plants in Missouri
from points outside the, State of Missouri. During the same period
the Company sold finished products valued in excess of $1,000,000, of
which approximately 95 percent was delivered from its plants in
Missouri to points outside the State of Missouri. The finished prod-
ucts of the Company consisted of more than 80,000 tons of lead.
Mine Lamotte Corporation, a Missouri corporation with its prin-
cipal offices and place of business located at Bonne Terre, Missouri,
is engaged in the mining and milling of lead. During the year 1942,
Mine Lamotte Corporation purchased raw- materials in excess of
$100,000, of which more than 50 percent was shipped to its plants in
Missouri from points outside the State of Missouri. During the same
period, Mine Lamotte Corporation sold finished products valued in
excess of $1,000,000, of which approximately 90 percent was shipped
from its plants in Missouri to points outside the State of Missouri.
The finished products of Mine Lamotte Corporation consisted of more
than 5,000 tons of lead pigment. All of the finished products of the
Mine Lamotte Corporation are sold to the St. Joseph Lead Company
within the State of Missouri, which in turn sends them to its smelters
located at Herculaneum, Missouri, and to the Federal smelter located
in Federal, Illinois Both Companies admit that they are engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill & Smelter Workers and its Local
648 are labor organizations affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to recognize the Union as the exclu-
sive bargaining representative of its employees until the latter has been
certified by the Board in an appropriate unit.
A statement of the Regional Director introduced into evidence
indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
1 The Regional Diiector reported that the Union submitted 2,100 designations in support
of its allegation that it represented 70 percent of the employees in the unit which it
contends is appropriate; that a spot check of 200 of these designations indicated that
all bore the apparently genuine original signatures and that 192 bore the names of
persons appearing upon the pay rolls of either Mine Lamotte Corporation or St. Joseph
Lead Company for the period ending August 29, 1943; that the Mine Lamotte Corpora-
tion pay roll contained the names of approximately 171 employees within the appropriate
unit ; and that the St. Joseph Lead Company pay roll contained the names of approxi-
mately 2,795 employees within the appropriate unit.
7
ST. JOSEPH LEAD, COMPANY 663
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all hourly paid production
and maintenance employees of the Companies at its various opera-
tions located at or near Bonne Terre, Leadwood, Desloge, Flat River,
and Fredericktown, Missouri, including construction foremen, track
foremen, core inspectors, core estimators, mail car drivers, samplers,
stock clerks, and watchmen, but excluding diamond drill foremen,
shift foremen, U. G. maintenance foremen, foremen, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or effectively recommend such action, office and clerical
employees, salaried employees, chemists, and assistant chemists, bit
setters, caretaker of the general manager's residence, janitors and as-
sistant janitors, laboratory helpers, mine safety maintenance men,
pattern makers, militarized watchmen, and telephone operators.
The Companies agreed generally with the Union as to the appro-
priateness of the unit sought by the Union herein, but disagree with
respect to the inclusioia of certain fringe groups hereinafter discussed
seriatim.
The record discloses no prior history of collective bargaining with
respect to the plants of the Companies herein involved, and that no
other labor organization has made any claims of representation con-
cerning the employees herein. The Companies are closely linked, hav-
ing a common president, secretary, treasurer, and general manager.
The management of Mine Lamotte Corporation is vested in the St.
Joseph Company. Both Companies maintain and occupy a common
principal office located at Bonne Terre, Missouri, and use a common
purchasing agent. - There is an integration of the production processes
of both, in that the ore concentrate produced by Mine Lamotte Corpo-
ration is sent to the smelter of the St. Joseph Lead Company. While
there is little interchange of employees between the two companies,
similar working conditions and wages prevail at each. Furthermore,
a unity of labor policy exists at both Companies, determination of
which is made by the common general manager.
The operations of the St. Joseph Lead Company consist of four
divisions, each of which is comprised of mines, mills, and general shops.
The operations of the Mine Lamotte Corporation consist of three
mines, one mill, and one general shop. Below the common general
manager in the supervisory hierarchy are two general superintendents,
one of which is responsible for both the Federal division of the St.
Joseph Lead Company and the properties of the Mine Lamotte Corpo-
664 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
ration. In view of the foregoing, and in accordance with the agree-
ment of the parties, we find that a multi-employer, multi-divisional
unit is appropriate.
The following classifications of employees are in dispute :
Janitors and assistant janitors. The Union seeks to exclude these
employees on the ground that they perform their duties in and about
the office buildings and have no direct contact with the production
processes of the Companies, whereas the Companies contend that they
should be included within the unit. We are of the-opinion that since
these employees work apart from the production and maintenance
employees, and appear to have little community of interest with such
employees, they should be excluded from the unit 2
Construction foremen. The Union would include this classification
of employees within the unit, whereas the Companies desire its ex-
clusion on the ground that the employees engaged therein are super-
visory. The record discloses that these employees supervise approxi-
mately 30 workers, and have authority to recommend disciplinary
action and promotion. We agree with the contention of the Com-
panies that these employees are supervisors and, in accordance with
our regular policy, shall exclude them from the unit.
Core inspectors and core estimators. The Companies object to the
inclusion within the unit of employees engaged in these classifications
on the ground that they are technical and confidential employees,
whereas the Union, contending that they are regular production em-
ployees, seeks to include them. The core inspectors examine "cores"
for the purpose of determining the amount of lead concentrate therein,
and make records of this information. The core estimators supple-
ment the core inspectors and perform similar work. While both
classifications require a high degree of skill and experience, neither
requires technical training. Furthermore, the employees in neither
classification have access to confidential information concerning per-
sonnel policies or labor relations of the Companies. Under these cir-
cumstances we shall include them within the unit.
Mail car drivers. These employees carry the mail and pay-roll
checks between the offices of the Companies and occasionally trans-
port passengers between the various plants. The Companies seek the
exclusion of this classification from the unit on the ground that the
employees therein are confidential, whereas the Union seeks the inclu-
sion of these employees. The record discloses no evidence that these
employees have access to confidential information pertaining to labor
relations or personnel problems; we shall include them within the unit.
Watchmen. The Companies employ approximately 25 persons in
this classification on an hourly paid basis, the duties of which are
2 See Matter of Todd -Bath Iron Shipbuilding Corporation , 45 N. L. R. B. 1367.
ST. JOSEPH LEAD COMPANY 665
those regularly assigned to watchmen. At the present time these
employees are not members of the auxiliary military police; it is
anticipated by the Companies, however, that sometime in the future
these employees will be militarized. The Companies seek the ex-
clusion of these employees, whereas the Union would include them.
We are of the opinion that since these employees are at the present
time non-militarized, they may properly be included within the unit;
we shall therefore include them. However, our finding in this re-
spect applies only so long as they retain their non-militarized status.3
Track foremen. The Companies seek the exclusion of the em-
ployees engaged in this classification on the ground that they are
supervisors, whereas the Union seeks their inclusion. The record
discloses that each of these employees directs the work of approxi-
mately 10 men; that they have the power to recommend disciplinary
action with respect to those employees whom they supervise; and
that they are paid approximately $1 per day more than these em-
ployees. Under these circumstances, we are of the opinion that these
employees are supervisors and shall exclude them from the unit.
In accordance with the foregoing, we find that all hourly paid
production and maintenance employees of the Companies at their
various operations located at or near Bonne Terre, Leadwood, Desloge,
Flat River, and Fredericktown, Missouri, including core inspectors,
core estimators, mail car drivers, non-militarized watchmen, mine
surveyor helpers, samplers, substitute shift foremen, and stock clerks,
but excluding pattern makers, construction foremen, track foremen,
diamond drill foremen, U. G. maintenance foremen, shift foremen.
,foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, pattern
makers, office and clerical employees, salaried employees, mine main-
tenance safety men, militarized guards and watchmen, bit setters,
chemists and assistant chemists, laboratory helpers, telephone oper-
ators, janitors and assistant janitors working in and about the central
office buildings, and the caretaker of the general manager's residence,
constitute a unit appropriate for the purposes of collective bargain-
ing 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 the Direction of Election
See Matt e of T7,e Teoas Company , issued November 5, 1943,53N L. R. B. 436.
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the limitations and additions set forth in the
Direction.4
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 Relations
Act, and pursuant to Article III, Section 9, of the National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIREc-rfD that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with St. Joseph Lead
Company and Mine Lamotte Corporation, Bonne Terre, 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,
under the direction and supervision 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, Sections 10 ,and 11,
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 employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Interna-
tional Union of Mine, Mill & Smelter Workers, CIO, for itself and
on behalf of Local 648, for the purposes of collective bargaining.
MR. GERARD D. REruY took no part in the consideration of the
above Decision and Direction of Election.
* The Union requested that it be designated on the ballot as "International Union of
Mine, Mill & Smelter Workers, CIO, for itself and on behalf of Local 648." This request
is hereby granted.