The Pyrites Cob., Inc.

National Labor Relations Board - Board Decisions

Jan 9, 1941

28 N.L.R.B. 1034 (N.L.R.B. 1941)

i
In the Matter of THE PYRITES COMPANY, INCORPORATED and PYRITES
-WORKERS UNIONi LOCAL- •520 OF INTERNATIONAL `UNION` OI?''"MINE,
MILL AND SMELTER WORKERS OF AMERICA, AFFILIATED WITH THE CIO
Case No. -R-0213.-Decided January 9, 1941
Jurisdiction : sinter, copper, and lead precipitates manufacturing industry.
Investigation and Certification of Representatives : existence of question: em-
ployer refused, upon request, to recognize the union until it has been cer-
tified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid and piece-work pro-
duction and maintenance employees, excluding office, clerical, executive,
supervisory, laboratory-department employees, foremen, watchmen, and truck
drivers ; agreement as to. ,
Mr. C. Edward Duffy, of Wilmington, Del., for the Company.
Mr. Don Harris, of Wilmington, Del., for the Union.
Mr. Gilbert V. Rosenberg; of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 23, 1940, the Pyrites Workers Union, Local 520 of the
International Union of Mine, Mill and Smelter. Workers of America,
affiliated with the C. I. O., herein called the Union, filed with the
Regional Director for the fourth Region (Philadelphia, Pennsyl-
.vania) a petition' alleging-that ayquestion. affecting',commerce had
arisen concerning the representation of the employees of The Pyrites
Company, Incorporated, Wilmington, Delaware, herein called the
Company, and requesting an, investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On December 3, 1940, 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
Director to conduct it and to provide for an appropriate hearing
upon due notice.
28 N. L It. B., No. 153
1034
THE PYRITES COMPANY, INCORPORATED 1035
On December 5, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. - Pursuant to the notice, a hearing was held at Wilming-
ton, Delaware, on December 16, 1940, before Jerome I. Macht, the
Trial Examiner duly designated by the Board. The Company and
the Union-Swere represented by'counsel• and participated in the hear;
ing. 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 granted a motion by the Union to state correctly the name
of the Union in the pleadings. No other motions and no objections
to the introduction of evidence were made at the hearing. The above
ruling of the Trial Examiner is hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS,OF,