Thermatomic Carbon Co.

National Labor Relations Board - Board Decisions

Oct 2, 1942

44 N.L.R.B. 734 (N.L.R.B. 1942)

In the Matter of TIiERMATOMIC CARBON COMPANY and FEDERAL LABOR
UNION No. 21739 , -AFFILIATED WITH THE A . F. of L.
Case No. R-4241.Decided October 0 , 1942
Jurisdiction : gas carbon manufacturing industry
Investigation and Certification of Representatives : existence of question : Com-
pany's refusal at hearing to accept evidence of membership submitted to
Regional Director by union for purpose of certification, and its request for
an election ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid employees, with.
specified inclusions and exclusions.
Wickes, Riddell, Bloomer, Jacobi & ,McClure, of New York City,
by Mr. Herbert J. Jacobi, for the Company.
Mr. Edward R. Moffett, of Freeport, Tex., and Mr. W. F. Gray,
of Sterlington, La., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon 'petition duly filed by Federal Labor Union, No. 21739, affil-
iated with the A. F. of L., herein called the Union, alleging that
a question affecting comilierce had arisen concerning the representa-
tion of employees of Thermatomic Carbon Company, Sterlington,
Louisiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
C. Parker Barker, Trial Examiner. Said hearing was held at Mon-
roe, Louisiana, on September 2, 1942. The Company and the Union
appeared, participated, 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.
Thereafter the Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Thermatomic Carbon Company is a Delaware corporation licensed
to do business in the State of Louisiana, where it operates a plant
44N L R.B,No.137.
734 '
TIJERMATOMIC CARBON COMPANY 735
engaged in the manufacture of gas carbon or carbon black, from
natural gas. The Company annually produces and sells from this
plant approximately 66,000,000 pounds of carbon. Over 90 percent
of said products is sold and delivered outside the State of Louisiana.
The Company concedes that, for the purposes of this proceeding,
it is engaged in commerce within the meaning of the National L°abor
Relations Act.
II. THE ORGANIZATION, INVOLVED
,Federal Labor Union, No. 21739, affiliated with the A. F. of L., is a
labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
The record is silent as to any request made by the Union, either
written or oral, asking to be recognized by the Company as the bar-
gaining representative for its employees. The Company, during the
hearing, refused to accept the evidence of membership submitted to
the Regional Director by the Union for the purpose of certification,
and requested an election to determine the question of representation.
A Statement of the Regional Director, introduced in evidence, indi-
cates that,the Union represents a substantial number of the employees
in the unit hereinafter found appropriate.'
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
In its petition the Union claimed that - the appropriate unit should
consist of all production and maintenance employees of the Company.
At the hearing the parties stipulated that all hourly paid employees,
including workers, laborers , packers, operators , maintenance ,men, yard
laborers , storekeepers , and janitors should be included in the unit and
that the following employees , namely: C. G. Boardman, manager;
R. W. Cretney , superintendent ; J. A. Miller, foreman ; and S. S. Gill,
plant engineer , should be excluded.
There is a dispute over the disposition of 11 employees. In- each
case, the Union contends for exclusion and the Company for inclusion
'The Regional Director reported that the Union submitted 110 authorization-for-repre-
sentation cards. Ninety-four of the cards were signed with "hat appear to be genuine
original signatures, and 2 cards were signed with an "X," properly witnessed These cards
were dated as follows: 71 in Januaiy 1942, 12 between February and April 1942, and 13
undated Eighty-two of the names appearing on the cards are the names of employees
who appear on the pay roll submitted by the Company. The Company and the Union
agree that the pioposed unit would consist of about 140 employees
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the proposed appropriate unit. Olive A. Martin, Ruth D. Barr,
and S. Selby Meek are 3 of the employees in dispute. Martin and
Barr are stenographers employed in the office of the plant and their
duties are strictly stenographic and clerical. Meek is also employed
in' the office, keeliing records and acting' as purchasing agent. All 3
are paid on a monthly basis as distinguished from the other employees
at the plant, who are paid on an hourly basis. We shall exclude
them.
Matt H. Parker, Ulysses Brady, and Charles English, are "shift
foremen." Their principal duty is supervising the -work of the, op-
erators, but occasionally they assist in the operation of the machines.
They lack the authority to hire, but their recommendations and judg-
ment of ability and conduct of men is the deciding factor in cases of
discipline or discharge. An employee was discharged by Parker
this spring for reporting to work, in a drunken condition. These em-
ployees are paid a monthly salary considerably higher than the hourly
wage of the employees working under them. We shall exclude them.
H. S. Ursey, formerly a "shift foreman" has charge and supervision
over all of the recording instruments in the plant, of which there
are a great number. The number of men in his crew varies, but at all
times, he has at least two men under him. He,is listed on the -pay
roll as a maintenance man and is paid a monthly salary. He will be
excluded.
J. 0. Cooper is known as the "instrument man" at the plant. His
duties consist in keeping the recording instruments in repair, checking
the charts that come off the recording instruments, and keeping the
time 'from work sheets. While he spends considerable time in the
plant, his duties-are essentially clerical. He is paid a monthly salary.
We shall exclude Cooper.
H. O. 'Thomson's duties consist of checking the pumps, checking
the flow of water, and checking and repairing the wells and pipe lines,
all of which are located outside of the plant. He comes into the plant
three or four times each day for supplies and tools. He is paid on an
hourly basis. Thomson will be included in the unit.
J. M. Milstead is in. charge of a small laboratory, located in the
plant, where he performs routine standard tests of the Company's
products. He is considered a production employee and has no one
working under him. He is paid a monthly. salary. We shall exclude
him.
. The last employee in dispute is Mattie Collins. She is considered
a housekeeper and cook for the four or five employees in the office.
She works 3 or 4 hours a day and is paid on an hourly basis by the
Company. We shall exclude her.
We find that all hourly paid employees, including workers, laborers,
packers, operators, maintenance , men, yard laborers, storekeepers,
THERMATOMIC CARBON COMPANY 737
janitors, and H. 0. Thomson, but excluding C. C. Boardman, man-
ager; R. W. Cretney, superintendent; J. A. Miller, foreman; S. S.
Gill, plant engineer; Oliver A. Martin, Ruth D. Barr, S. Selby Meek;
Matt H. Parker, Ulysses Brady, Charles English, H. S. Ursey, J. O.
Cooper, J. M. Milstead, and Mattie Collins, constitute a single 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period'immediately preceding the date of the-Direction of Elec-
tion herein, subject to the limitations'and -additions set forth in the
Direction. -
'DIRECTION OF ELECTION
By virtue' of and pursuant to the power vested 4ii the National
Labor Relations Board by Section 9 (c) of the National - Labor
Relations-Act, and pursuant to Article, III, Section- 8, of 'National
Labor Relations Board Rules and Regulations-Series'2, as'-amended,
it is hereby -
DIRECTED that, as part of the investigation authorized by the Board
to ascertain certain representative's for the purpose of collective bar-
gaining with Thermatomic Carbon Company, Sterlington, Lousiana,
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 Director for the Fif-
teenth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, 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 of Election, includ-
ing employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or
training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether or not 'they desire to be represented by Federal Labor
Union, No. 21739, affiliated with the-A. F. of L., for the purposes of
collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration, of the
above Decision and Direction of Election.
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