The Barrett Co.

National Labor Relations Board - Board Decisions

Nov 17, 1939

17 N.L.R.B. 759 (N.L.R.B. 1939)

In the Matter of THE BARRETT COMPANY, FAIRFIELD, ALABAMA, PLANT
and UNITED MINE WORKERS OF AMERICA, DISTRICT 50, LOCAL UNION
12053
Case No. R-1588.-Decided November 17, 1939
Coal Tar Products Industry-Investigation of Representatives : controversy
concerning representation of employees : majority status disputed by employer-
Unit Appropriate for Collective Bargaining : agreement as to: production, main-
tenance, shipping and receiving employees, excluding foremen, supervisors, and
clerks on fixed salaries-Election Ordered: agreement of parties as to holding of.
Mr. Alexander E. Wilson, Jr., for the Board.
Mr. E. L. All, of Birmingham, Ala., for the Company.
Mr. Yelverton Cowherd, of Birmingham, Ala., for the Union.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
AND
DIRECTION OF EL EA CTION
STATEMENT OF THE CASE
On July 11, 1939, United Mine Workers of America, District 50,
Local Union 12053, herein called the Union, filed with the Regional
Director for the Tenth Region (Atlanta, Georgia), a petition alleging
that a question affecting commerce had arisen concerning representa-
tion of employees of The Barrett Company, Fairfield, Alabama,
herein called the Company, employed at the Company's plant in
Fairfield, Alabama, herein called the Fairfield plant, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On October 11, 1939, the National Labor Relations
Board, herein called the Board, acting pursuant to Article III, Sec-
tion 3, of the National Labor Relations Board Rules and Regula-
tions-Series 2, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On October 21, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the Union. Pursuant to the notice, a hearing was held on October
17 N. L. R. B., No. 67. -
759
247384-40-vol. 17-9
760 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
30, 1939, at Birmingham, Alabama, before Henry W. Schmidt, the
Trial Examiner duly designated by the Board. The Board, the
Company, and the Union were represented by counsel and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing the
Trial Examiner made various rulings on motions. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Barrett Company, a New Jersey Corporation, is engaged in
the production, sale, and distribution of coal-tar products. The
Company has its main office in New York City and has offices located
in several other cities including Chicago, Illinois; Birmingham, Ala-
bama; and Fairfield, Alabama. It operates a manufacturing plant
at Fairfield, Alabama. Only the employees of the Company at work
in the Fairfield plant are involved in this proceeding. There are
between 72 and 100 such employees.
Some of the raw materials used by the Company in the course of
its manufacturing operations at its Fairfield plant are coal tar, asbes-
tos, mica, and containers. It obtains all of the asbestos, mica, and
containers from outside the State of Alabama. The volume of the
average yearly sales of the Company are in excess of 30,000 tons and
have a value of more than $300,000. The Company regularly ships,
largely by rail and water, approximately 75 per cent of its finished
products from the Fairfield plant to points outside the State of
Alabama. 'The Company does not contest the jurisdiction of the
Board over the subject matter.
II. THE ORGANIZATION INVOLVED
United Mine Workers of America, District 50, Local Union 12053,
is a labor organization and a local of United Mine Workers of
America, District 50, admitting to membership all employees of the
Company at its Fairfield plant, except "salaried employees." 1
'A union representative testified that United Mine Workers of America , District 50,
admits to membership "all gas , by-products , coke and chemical workers, including process.
ing plants ' deriving the raw materials from coal products."
THE BARRETT COMPANY, FAIRFIELD, ALABAMA, PLANT 761
III. THE QUESTION CONCERNING REPRESENTATION
The Union claims that a majority of the Company's employees in
the unit hereinafter found to be appropriate have designated it their
representative for the purposes of collective bargaining with the
Company in regard to wages, hours of service, and other working
conditions. The Company questions this claim.
We find that a question has arisen concerning representation of
employees of the Company at its Fairfield plant.
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
described in Section I above, has a close, intimate, and substantial
relation 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
The Union alleged in its petition that a unit appropriate for the
purposes of collective bargaining consists of all production, mainte-
nance, shipping, and receiving employees at the Fairfield plant, ex-
cluding foremen, supervisors, and clerks on fixed salaries. The
parties stipulated and agreed at the hearing that for the purposes of
these proceedings this unit was appropriate. The parties further
stipulated and agreed that all persons on the Company pay roll of
October 28, 1939, which was introduced in evidence, except those des-
ignated as "salaried employees" were within the unit agreed upon.'
We see no reason for not finding the afore-mentioned unit to be
appropriate. Accordingly, we find that all production, maintenance,
shipping, and receiving employees of the Company at its Fairfield
plant, excluding foremen, supervisors, and clerks on fixed salaries,
constitute a unit appropriate for the purposes of collective bargain-
ing, and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
'With reference to said pay roll which was introduced in evidence as Board Exhibit 2,
counsel for all parties stipulated that "The appropriate unit specifically includes all per-
sons whose names appear in Board's Exhibit 2 , on the first two pages , and the last three
names-that is, those included under the title 'wage Employees ' on the third page. This
specifically .eliminates those employees included in the group entitled 'salaried employees.' -
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
On October 28, 1939, the Company employed approximately 88
persons in the above appropriate unit. In support of its claim to
having been designated by a majority of these employees as their
bargaining representative the Union submitted at the hearing docu-
mentary evidence showing that it had been authorized to represent
at least a substantial number of such employees for collective bar-
gaining. However, both the Union and the Company were in agree-
ment that an election should be held to determine the question con-
cerning representation which has arisen. The parties also were
agreed that the Company pay roll of October 28, 1939, should be used
to determine voting eligibility in such an election.
We find that the question which has arisen concerning the repre-
sentation of employees in above appropriate unit can best be resolved
by an election by secret ballot. Those employees in the appropriate
unit whose names are listed on the Company pay roll of October 28,
1939, will be eligible to vote, subject to such limitations and additions
as are set forth in the Direction of Election.
Upon the basis of the above 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 The Barrett Company, Fairfield, Alabama,
employed at the Fairfield plant of said Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. The production, maintenance, shipping, and receiving em-
ployees of said Company at its Fairfield plant, excluding foremen,
supervisors, and clerks on fixed salaries, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the National Labor Relations 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Barrett Company, Fairfield, Alabama, an election by secret
ballot shall be conducted as early as possible but not later than thirty
THE BARRETT COMPANY, FAIRFIELD, ALABAMA PLANT .763
(30) days from the date of this Direction of Election, under the
direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations among all production, maintenance, shipping, and receiv-
ing employees of said Company employed at its plant in Fairfield,
Alabama, whose names appear on the Company pay roll of October
28, 1939, including employees who were not on the pay roll of said
date because they were ill or on vacation, and employees who on said
date were or have since been temporarily laid- off, but excluding all
persons who have quit or have been discharged for cause since that
date, and further excluding foremen, supervisors, and clerks on fixed
salaries, to determine whether or not they desire to be represented by
United Mine Workers of America, District 50, Local Union 12053,
for the purposes of collective bargaining.