Trojan Powder Co.

National Labor Relations Board - Board Decisions

Aug 20, 1943

52 N.L.R.B. 24 (N.L.R.B. 1943)

In the Matter of TROJAN POWDER COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R-6761.-Decided August 20, 1943
Mr. A. V. Cherbonmier, of New York City, for the Company.
Mr. Thomas L. Sharpe, of Nesquehoning, Pa., and Mr. John Reich-
wein, of Philadelphia, Pa., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
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
Trojan Powder Company, Seiple, Pennsylvania, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Geoffrey J. Cunniff, Trial Ex-
aminer. Said hearing was held at Allentown, Pennsylvania, on July 27,
1943. 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 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 opportunity
to file briefs with the Board.
Upon the entire record in the case,' the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a New York corporation, having its principal office
and place of business in New York City. It maintains offices in Allen-
town, Pennsylvania, and a plant at Seiple, Pennsylvania, and is en-
gaged at its Seiple plant in the manufacture, sale, and distribution of
1 All facts were stipulated.
52 N. L. R. B., No. 5.
24
TROJAN POWDER COMPANY 25
high explosives, powder, and chemicals. The Company, annually re-
ceives at its Seiple plant in excess of 500,000 pounds of material pur-
chased outside the State of Pennsylvania and annually ships out of
the State in excess of 500,000 pounds of finished product.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the bargaining
representative for its employees until it is certified by the Board.2
We find that the Union represents a substantial number, of the Com-
pany's employees in the unit herein found appropriate.3
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 substantial accordance with the stipulation of the parties, we find
that all hourly paid production and maintenance employees, including
working leaders, employed at the Company's Seiple, Pennsylvania,
plant but excluding all salaried employees, inspectors, office employees,
clerical employees, laboratory employees (employees working in the
laboratories or the testing fields), guards, watchmen, farm workers, and
all 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 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-
2 On July 2, 1943, the Company and the Union signed a stipulation providing for a consent
election, but the Regional Director refused to approve the agreement or conduct the consent
election thereunder because the stipulation contained a clause whereby, if no bargaining
representative should be selected in the consent election , the Union would be precluded from
filing another petition with the Board for 6 months from the date of the consent election.
The Company asserts that any election directed should be in accord with the terms of the
unexecuted consent election agreement . We find no merit in this contention . Cf. Matter
of General Aircraft Corporation, 49 N. L. R. B. 916.
3 The Company refused to submit a pay roll to either Regional Director or Trial Examiner,
but admits that the Union represents a substantial number of its employees . The Union
submitted 610 cards ; the number of employees in the appropriate unit is between 600 or 700.
26 ^ DECTSWONS OF NATIONAL LABOR RELATIONS BOARD
ployees of the Company in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the Direction of Election herein, subject to the limitations
and additions set forth in the Direction.
• 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 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 representa-
tives for the purposes of collective bargaining with Trojan Powder
Company, Seiple, Pennsylvania, an election by secret ballot shall be
conducted asearly 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 Fourth 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 of
the Company within the unit found appropriate in Section 1V, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 bar-
gaining.
CHAIRMAN MILLrs took no part in the consideration of the above De-
cision and Direction of Election.