The Solvay Process Co.

National Labor Relations Board - Board Decisions

Oct 17, 1945

64 N.L.R.B. 285 (N.L.R.B. 1945)

L
In the Matter of THE SOLVAY PROCESS COMPANY and UNITED GAS,
COKE & CHEMICAL WORKERS OF AMERICA, CIO
Case No. 7-R-2093.-Decided October 17, 19/5
Messrs. Rockwell T. Gust and T. Gordon, Seupholrn, of Detroit,
Mich., for the Company.
Mr. Joseph Appelbaum, of Detroit, Mich., for the C. I. 0.
Messrs. John Radoul and Joseph Perbinski, of Detroit, Mich., for
District 50.
Mr. John E. Lawyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF T[1n•] CASE
Upon petition duly filed by United Gas, Coke R Chemical Workers
of America, CIO, herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Solvay Process Company, Trenton, Michigan, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon clue notice before David Karasick, Trial
Examiner. Said hearing was held at Detroit, Michigan. of August
10, 1945. At the commencement of the hearing, the Trial Examiner
granted a motion of District 50, United Mine Workers of America,
herein.called District 50, to intervene. Tine Company; the C. I. 0.,
and District 50 appeared at and participated in the hearing, and all
parties 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.
Uponthe entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Solvay Process Company is engaged in the operation of a
stone quarry at Trenton, Michigan. The Companiy annually receives
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285
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from outside the State of Michigan, for use in its operations, 200 cars
of coal, worth $42,000; 11 cars of dynamite, worth $35,000; 10 cars of
miscellaneous material, such as bags, railroad ties, and railroad
maintenance materials, worth $13,000; and various miscellaneous ma-
chines, repair parts, and tools. The company annually produces
13,000 cars of limestone which it delivers to its own plant operation
and other local plants, and .60 cars of ground limestone, valued at
$4,000 or $5,000, which it ships outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
United Gas, Coke & Chemical Workers of America, affiliated with
ithe_ Congress of Industrial Organizations, and District 50, United
Mine Workers of America, are labor organizations admitting to mem-
bership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
District 50 was 'certified by the Board on April 20, 1941, as the
bargaining representative of the employees here involved. Shortly
thereafter District 50 and the Company executed a contract. - Since
that time the parties have maintained contractual relations either by
the execution of new- contracts, the renewal of expiring contracts, or-
supplemental agreements extending agreements about to expire. On.
January 19, 1944, District 50 and the Company executed•an agreement,
expiring May 15, 1944, and providing that -negotiations for a new con-
tract should start-30 days, before the expiration date thereof upon
the request of either party. On' April 11, 1944, in accordance with
the terms of that' agreement, District 50 gave notice to the Company-
of its desire to negotiate a,new. contract.- ' The parties were unable to
agree upon the terms to.be included'i n such contract, however, and
on September 21, 1944; several issues between theln were,certified to
the Regional War Labor Board in Detroit for determination. This
was followed by Directives of the Regional War Labor Board which
were appealed by the Company, and hearings on the appeals were held
as late as July 25, 1945. In the meantime, District 50 and the Com-
pany entered into a series of agreements' extending the contract which
would expire on May 15, 1945, for periods of 30 to 60 days, the latest
such agreement being executed between the parties on July 14, 1945,
and providing for an extension of the contract to August 15, 1945.
On May 29, 1945, the employees of the Company who were mem-
bers of, District 50 passed -a resolution to withdraw affiliation ' from
' The quantities and values given in this paragraph are approximate figures. _
THE SOLVAY PROCESS ' COMPANY 287
and surrender their charter to District' 50, and to apply for a charter
from the C. I. O. On June 13, 1945, the C. I. O. requested recognition,
as the exclusive bargaining agent of the Company's employees. The
Company refused such recognition on the ground that District 50
was the certified bargaining representative of the employees in
question.
District'50 contends that its contract with the Company constitutes
a bar to this proceeding,, and argues that the doctrine of the Allis-'
Cltalm%ers case 2 is'applicable to the facts 'herein. We do not agree,
however, that a determination of representatives should be postponed.
The latest agreement between District 50 and the Company has ex-
pired3 ' And the proceedings before the War Labor Board were
initiated after District 50 had obtained for the employees it, repre-
sented substantial benefits of collective' bargaining, and at a time when
it was not, a' newly recognized or newly' certified bargaining agent 4
A statement of a Board agent, introduced' into evidence- at the
hearing, indicates that the C. I. O. represents a substantial number
of employees 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
With the exception of, three deputized patrolmen the parties are
in agreement that the appropriate unit should be tlie'same as that
found by the Board in a prior proceedings
In the prior proceeding the deputized patrolmen were 'included
in the unit. The C. I. O. and District 50 contend that the patrolmen
should remain in the unit, pointing to the fact that they have been
bargained for in a single unit together with all other hourly rated
employees since' 1941. ' The Company asserts that the patrolmen may
not properly 'be included in the unit, despite the prior bargaining
history, since certain' of their functions are allegedly of a "super-
visory nature." The three patrolmen may carry sidearms if they
so desire, but are not uniformed. Their main duty is to prevent tres-
passing on the. Company's premises at night, to see that the four
watchmen employed to keep fires in the boilers of steam shovels, loco-
motives, and other equipment, properly perform their duties, and to
2 Matter of Allis-Chalmers Manufacturing Company , 50 N. L R . B. 306. - -
3 See Matter of Soybean Processing Company, 63 N. L R. B. 1193.
4 See Matter of American Car & Foundry Co, 60 N. L. R B 735.
'5 The Board ' agent reported that the C I O . submitted 129 authorization cards bearing
the names ' of persons who appear on the Company's pay roll for the pei> .od ending July 2,
1945 . There are approximately 130 employees in the unit , hereinafter found to be appro-
priate. District 50 relies upon-its contract for its mterest . in the , proceeding.
0 Matter of Solvay-Process Company, 30 N. L. R. B. 264.
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
guard the dynamite magazine. They also carry clocks, punch sta-
tions,'keep fires in the office and locker room, and perform other minor
duties similar to those of the watchmen. Like the watchmen they
are paid on an hourly basis.7 The watchmen report to the patrolmen
hourly during the night, and in the event a watchman fails to per-
form his duties properly, the patrolmen report such dereliction to the
assistant superintendent, who then investigates and determines, foi'
himself what disciplinary action is required. In this limited 'sense
the patrolmen are in -charge of the vdtclifien. - But they have no
power to fire or hire`, and' it is apparent that they do not possess any
other effective authority warranting a finding that they, are,super-
visory employees within the meaning of our usual definition. Inas-
much as they are non-supervisory personnel, have no monitorial fume-
fioiis in relation to the production and maintenance employees, and
since 1941 have been bargained for together with all other hourly
rated employees in a single unit, we shall include the three patrolmen
in the-bargaining unit."
We find that all hourly rated production and maintenance em-
ployees of the Company's Trenton, Michigan, quarry. including
patrolmen and watchmen, but excluding office and clerical employees,
foremen, superintendents, assistant superintendents, 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 uit' appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
v. TILE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation-Which
has arisen-be resolved by means of 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 herein, subject to the.lunitations and additions set forth'
in the Direction.
DIRECTION OF ELECTION -
By virtue of and pursuant to the power vested in the National Labor
Relations B'oai'd by Section 9 (c) of the National Labor Relations'
Act, and pursuant to Article III, Section '9, of National Labor Rela-
tions 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 The Solvay Proc-
They are paid 5 cents an hour more than the watchmen.
See Matter of Inman Mills, 63 N. L. B. B. 198.
THE SOLVAY PROCESS COMPANY 289
ess Company, Trenton, Michigan, 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 Direct'or for the Seventh 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 vaca-
tion 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 dischi,iged 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 Gas, Coke & Chemical Workers of America, CIO, or by Dis-
trict 50, United Mine Workers of America, for the purposes of collec-
tive bargaihing, or by neither.
MR. GERARD D. REILLY took no part in the - consideration of the
above'Decision and Direction of Election.
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670417-46-vol. 64-20