St. Joseph Lead Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 115 (N.L.R.B. 1945)

In the Matter Of ST. JOSEPH LEAD COMPANY and UNITED STEELWORK-
ERS OF AMERICA, CIO. ,
Case No.' 3-R 1015.Decided October 12, 1945
Cullen, Morris, Reynolds and Tripp, by Mr. George S. Tripp, o1
Watertown, N. Y., and Mr. R. J. Mechin, of Belmont, N. Y., for the
Company. -
Mr. Adron Coldiron, of Tupper Lake, N. Y., for the CIO. - ,
Mr. John J. Walsh, of Utica, N. Y., for the AFL.
Miss Helen. Hart, of counsel to'the Board.
DECISION
AND
DIRECTION OF-ELECTION '
STATEMENT OF THE CASE
Upon a petition. duly filed by United Steelworkers of America,
CIO, herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
St. Joseph Lead Company, Balmat, New York, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon,due notice before Eugene von Wellsheim, Trial
Examiner. At the commencement of the hearing, the Trial Exam-
iner granted a ,motion to. iiitervene made by Federal Labor Union
No. 21305, AFL, herein called the AFL. The hearing 'was held at
Gouverneur, ;New York, on August 14, 1945. The `Company, tlie,
CIO, and the AFL 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. All parties were afforded an opportunity to file
briefs with the Board. I
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, a New York corporation, operates two
mines, one at Edwards, New York, and the other at Balmat, New
R4 N L R B , No. 25. , 1
115
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
York, where it extracts zinc, refining it in the mills located at the
surface of each of the mines. Both-the mines and the mills at Ed-
wards and Balmat are involved in this proceeding. From August
1, 1944, until August 1, 1945, the Company used raw materials valued
iri excess of $200;000, of, which 75 percent was shipped to the Com-
pany from points outside` the State 'of New York. During the same
period, it mined and milled, materials valued in excess of $500,000, of
which more than 95 percent was transported to points -outside the
State of New York.' _ , 1 1,
For'•the purposes of.this proceeding; the Company adi iits'"that•it is
engaged in commerce within the meaning of the National Labor Rela-
tionsAct: i]'. if, ,r i . •,',•r I . , .
II: THE ORGANIZATIONS' INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is d1abor' organization admitting to mem-
bership employees of the CompanyY
Federal Labor Union No., 21305;r affiliated with • the American Fed-
eration of Labor, is a labor organization admitting to membership
employees of'the_Company:
I
III. THE" ' QIIESTION) CONCERNING REPRESENTATION
In 1938, the Company began bargaining with the AFL as the repre-
sentative ' of employees of-the Balmat mine. • Between , 1938 and 1942
the bargaining unit was gradually ^expaiided , and in 1942 the Com-
pany and the , AFL signed a collective bargaining agreement covering
both . mine and , surface employees i at the Company's -Edwards • -and
Balmat operations. The AFL , continued to represent the 'employees-
in, this unit until : July 25, 1944; when it negotiated two written con-
tracts with the Company ,, -one covering . employees at the mines at-
Edwards and Balmat, and the other covering the Company 's surface'
plant employees at these two locations . These.contracts , effective as of,
August 2, 1944 , were to continue - in force until August 2,'1945, and
remain operative , for another year thereafter, unless terminated by
written notice by either party 30 , days prior to that date'. In addition,
a supplementary agreement , governing wages at all the Edwards and,
Balmat, operations , was executed on the same day, effective-for the
same period , and containing the same termination provision found in
the basic 1944 contracts . On June 1, '1945, the Wage and Hour Divi-
sion of the Department of Labor began ,an investigation of certain of
the Company 's wage rates' This investigation was not concluded at
the time of , the hearing.
1`The Company's division manager testified that the figuring of base rates where bonuses
were involved and the wages paid to certain foremen were the matters under investigation.
N
i ST. JOSEPH LEAD COMPANY 117
On June 18, 1945, the CIO, by letter to the Company, requested rec-
ognition as bargaining agent for the production and maintenance em-
ployees at Edwards and Balmat. The Company, in reply, refused to
recognize the CIO until the latter had been certified by the Board.
The AFL notified the Company 30 days prior to the 1945-anniversary
date of the 1944 contracts of its desire for changes in the agreements,
in accordance with their termination provisions.
The AFL concedes that the 1944 contracts do not bar this proceed-
ing,2 but it contends that the investigation by the Wage and Hour
Division of the Labor Department precludes a determination of repre-
sentatives at_this time. The Company assumes a neutral position re-
garding this issue. We find no merit in the AFL's contention. It is
true that the Board has refused to proceed to a determination of rep-
resentatives in some cases where proceedings were pending before the
National War Labor Board.3 But the Wage and Hour Division investi-
gation is in no way comparable to such proceedings, and the considera-
tions which have led us'to defer determinations of representatives when
matters were before the National War Labor Board are not'present in
the instant case. Assuming, however, that the investigation is of the
same effect as proceedings before the National War Labor Board, dis-
missal of the CIO's petition is not warranted. For at the time of the
Wage and Hour Division investigation, the AFL was not a newly rec-
ognized or newly certified bargaining agent, having represented em-
ployees of the Company for 7 years and having obtained for them
substantial collective bargaining benefits 4 Accordingly, we find that
the investigation of the Wage and Hour Division of the Labor De-
partment does not bar a present determination of representatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate 5
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 CIO, contends that the following unit is appropriate : all pro-
duction and maintenance employees of the Company's operations, at
2 Quite obviously they do not . See Matter of Craddock- Terry Shoe Corp., 55 N. L. R. B:
1406 , Matter of American Woolen Company (Webster Mills), 57'N. L. R B. 647.
3 See Matter of Allis-Chalmers Manufacturing Company, 50 N. L R. B 306 ; Matter of
Kennecott Copper Corporation , 51 N L. R B 1140.
4 See Matter of Aluminum Company of America, 58 N. L. R. B. 24; Matter 'of Foster-
Grant Co., Inc, 54 N L. R. B 802 -
6 The Field Examiner reported that the CIO submitted 135 authorization cards ; that
the names of 128 persons appearing on the cards were listed on•the Company' s pay roll of
June 23, 1945 ; that the AFL relied on its contracts as evidence of interest ; and that there
were 196 employees in the alleged appropriate unit.
418 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
Edwards,and,Balmat, including all-warehouse clerks, (both surface
and mine warehouses),' surveyors, the assistant eil ineer, the 'head
blacksmith, and the head painter,' but excluding office and salaried
employees, temporary•;employees,7 bosses, foremen, ;superintendents,
executives, and all'other supervisory employees. The 'AFL and the
Company are in agreement with the CIO,as to the-scope of the unit,
but the Company would exclude the 'assistant engineer as a supervisory
employee.-,-The AFL takes no.position in regard to this employee.
The assistant engineer works directly under the mining engineer
of the Balmat plant and-assists him in laying out work. The assist-
ant does some surveying jobs and he directs the work of two surveyors
who are under him. The surveyors frequently require assistance from
other•employees of the plant and these men,-while helping the sur-
veyors, are supervised by the assistant engineer. He has authority to
recommend discharges or changes in the' position of the surveyors
and, in the absence of the mining engineer, he has the power to hire
,or !discharge these men on his own initiative. 'Since the assistant
engineer appears to possess supervisory authority within the mean-
ing of our customary definition, we shall exclude him from the unit.
We find that all production and maintenance employees of the
Company's operations at Edwards and Balmat, including mine and
surface warehouse - clerks, surveyors, the head blacksmith, and the
head -painter, but excluding -office and salaried employees, temporary
employees, bosses, the assistant engineer, foremen, superintendents,
Executives, 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, constitute
a ,unit appropriate 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
'employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the, date of the Direction of Election
h rein,''subject to the limitations and additions set forth in the Direc-
tion.' - - -
4
e The record reveals that neither the head blacksmith nor the head painter possesses
supervisory . authority within the meaning of our customary definition , and that they have
been covered by contracts between the AFL and the Company.
7 There -are 13 temporary employees aN hose employment, the parties anticipated, would
terminate in September or October 1945. _
ST. JOSEPH LEAD COMPANY 119
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 9, of National Labor
Relations. Board Rules and Regulations-Series 3, 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, Balmat, New York, an election by secret ballot'shall be con-
ducted 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 Third 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 including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
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 they desire to be represented by United Steelworkers of
America, CIO, or by Federal Labor -Union No. 21305, AFL, for the
purposes of collective bargaining, or by neither.
.'DIR. GERARD D.'REILLY took no-part in the consideration of the above
Decision and Direction of Election.