The Solvay Process Co.

National Labor Relations Board - Board Decisions

Jan 7, 1943

46 N.L.R.B. 855 (N.L.R.B. 1943)

J
In the Matter of THE SOLVAY PROCESS COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. B-4647.-Decided January 7, 1943
Jurisdiction : chemical products manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
of Company to accord union recognition until certified by the Board; dispute
as to appropriate unit ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid production and
maintenance employees of the Company i in two named plants, excluding a
third plant over union's objection ; classification of employees within unit
agreed to.
Hiscock,' Cowie, Bruce, Lee & Mawhinney, by Mr. H. Duane
Bruce, of Syracuse, N. Y., for the Company.
Mr. Alfred Kamin, of Syracuse, N. Y., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Y
Upon petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Solvay Process Company, Syracuse, New, York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing `upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Syracuse, New York, on De-
cember 4, 1942. The Company and the Union appeared, partic-
ipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to" introduce evidence bearing upon
the issues. The Trial Examiner's rulings made at the, hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
46 N L R 13, No. 93
855
S56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
. The Solvay Process Company is a New York corporation. It
'operates plants at Solvay, New York, Tully, New York, and James=
Ville, New York, where it is engaged in the business of manufactur-
ing chemical products. All three plants are involved in this proceed-
ing. During the period from December 1, 1941 to November 30, -
.1942, the Company used raw materials valued in excess of $1,000,000,
of which approximately 25 percent was shipped to it from points
outside the State of New York. During the same period the Com-
pany manufactured products valued in excess of $1,000,000, about
75 percent of which was shipped to points outside the State of New
York. The Company admits, for the purpose of this proceeding, that
it is engaged in commerce within the meaning of the National Lalbor
Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting employees of the Company to, membership.
III. THE QUESTION CONCERNING REPRESENTATION
In the latter part 'of October 1942, at a conference attended by' a
representative of the Company, a'representative of the Union, and
an agent of the Board, the Union requested recognition as exclusive
'bargaining agent for the employees of the Company employed,at the
,three plants named above. The Company refused the Union's
request on the ground that the employees of the Janesville 'plant
should constitute a separate, bargaining unit.
A statement of the Trial Examiner concerning claims of authori-
zation for the purpose of representation compiled after the hearing,
indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found to be appropriate.-'
We find that a question affecting commerce has arisen concerning .
1 The statement shows that the Union submitted 1429 authorization -for-membership
cards , all of which are dated in 1942 and all appear to bear apparently genuine slgria-
tures ; the Comp°any's pay roll of November 28, 1942. contains the names of 2076 em-
ployees A spot check of 136 cards was taken against the names of those employees
employed at the Solvay and Tully plants , q58 of which bear names of persons *hose
names appear on the pay roll. The Union submitted 61 cards purporting to bear the
names of employees employed at the Jamesville plant, 9 of which bear names of persons
whose names appear on the pay roll. The Solvay and Tully , plant employ 1481:persons
while the Jamesville plant employs 298 persons.
THE SOLVAY PROCESS COMPANY _ 857
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 contends, in general, that all production and main-
tenance employees exclusive of office, clerical, and supervisory
employees at the Company's Solvay, Tully, and Jannesville plants
constitute an appropriate unit. ' The Company does not, oppose the
classification of employees proposed by the Union, its position being
confined to the contention that the employees' at the Jamesoille plant
should not be included in the unit requested by the Union.
Although the three plants are under common supervision, neverthe-
less, the operations of the Janesville plant, which is located about -12
miles from the other plants, differ from the operations of the other two
plants. The Solvay and Tully plants are engaged in the manufac-
ture of chemicals, while the operations at the Jamesville plant are con-
fined to quarrying and the maintenance of a railroad owned by the
Company. Furthermore, at the Solvay and Tully plants, where there
are approximately 1781 employees the Union has made a substantial
showing of representation, whereas, at the Jamesville plant, where
there are approximately 300 employees, only about 3 percent of the em-
ployees have indicated a. desire to be represented by the Union. While
a unit comprised of the employees of the three plants might under
some circumstances be appropriate, in view of the differences in opera-
tions and the fact'that the Union has made an unsubstantial representa-
tion showing among the Jamesville plant employees, we find that a
unit confined to the Solvay and Tully plants, as requested by the Com-
pany, is appropriate at the present time.
The parties agreed upon the, classifications of employees that should
comprise the unit, in the event the Board found that the appropriate
units should be confined to the employees of the Solvay and Tully
plants. In accordance with that agreement, we find that all hourly
paid production and maintenance employees of The Solvay Process
Company, at its Solvay, New York, and Tully, New York, plants, in-
cluding plant, brine-well, construction, transportation, shipping, re-
ceiving, and railroad employees, but excluding watchmen, guards, sala-
ried clerical employees, dispensary employees, office employees, chem-
ists and techi ici ans, restaurant employees, printing and supervisory
employees, constitute a unit appropriate for the purposes of collec-
tive 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-
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees•in the appropriate unit who were employed during the pay roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direction.
0
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 National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives,
for the purpose of collective bargaining «ith The Solvay Process Com-
pany, Syracuse, 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,
Section 10, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, 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 employee's in the armed forces of the United States-who present
themselves in person at the polls, but excluding employees who have
since'quit or been discharged for cause, to determine whether or not
they desire to be represented by District 50, United Mine Workers of
America, for the purposes of collective bargaining.