United States Metals Refining Co.

National Labor Relations Board - Board Decisions

Nov 5, 1945

64 N.L.R.B. 727 (N.L.R.B. 1945)

In the Matter Of UNITED STATES METALS REFINING COMPANY and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,
C. I. O.
Case No.4-B-1868.Decided November 5, 1945
Sullivan c Cromwell, by Mr. Charles S. Hamilton, Jr., of New York
City, for the Company.
Mr. David Mandel, of Perth Amboy, N. J., and Mr. Clarence Talis-
man, of Newark, N. J., for the Smelter Workers.
Mr. A. Vincent Busby, of Newark, N. J., for the Chemical Workers.
Mr. John A. Nevros, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill
and Smelter Workers, C. I. 0., herein called the Smelter Workers,
alleging that a question affecting commerce had arisen concerning the
representation of employees of United States Metals Refining Com-
pany, Carteret, New Jersey, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Herman Lazarus, Trial Examiner. The hearing was
held at New Brunswick, New Jersey, on October 16, 1945. The Com-
pany, the Smelter Workers, and Local 72, International Chemical
Workers Union, A. F. of L., herein called the Chemical Workers, ap-
peared and participated. 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.
64 N. L . R. B., No. 125.
727
728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Metals Refining Company, a New Jersey corporation
with its plant at Carteret, New Jersey, is engaged in the smelting and
refining of copper ores, concentrates, blisters and other copper mate-
rials. The Company annually processes over $50,000,000 worth of raw
materials, including copper ores, concentrates and blisters, at least 90
percent of which is shipped to the Carteret plant from points outside
the State of New Jersey. The Company annually ships processed
material of a value of more than $60,000,000, 90 percent of which is
shipped to points outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Local 72, International Chemical Workers Union, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 29, 1945, the Smelter Workers advised the
Company by letter that it represented a majority of the Company's
employees in a claimed appropriate unit and requested recognition.
The Company , on or about September 8, 1945, refused recognition be-
cause of its contract with the Chemical Workers.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Smelter Workers represents a substantial
number of employees in the unit it alleges to be appropriate 2
1 The collective bargaining contract provides that it is to remain in effect for a period
of 1 year from October 21, 1943, and from year to year thereafter unless either party serves
notice to the contrary not less than 30 days prior to the expiration date of any contract
year. The contract was automatically renewed in 1944 and apparently again in 1945.
However, the contract is not a bar to this proceeding since the Smelter Workers' claim
of representation was made upon the company prior to the effective automatic renewal date
of the contract in 1945. Neither the company nor the Chemical Workers made any con-
tention that the contract is a bar.
2 The Field Examiner reported that the Smelter Workers submitted 903 authorization
cards, of which 815 were dated in August 1945, 82 in September 1945, and 6 were undated,
in an alleged appropriate unit consisting of 1583 employees . The Chemical Workers did
not present any evidence of representation but relies upon its contract as evidence of its
interest in the instant proceeding.
UNITED STATES METALS REFINING COMPANY 729
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. TIIE APPROPRIATE UNITS
We find, in accordance with the agreement of the parties, that the
following units are appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act:
(1) All hourly paid production and maintenance employees, all
hourly paid clerical employees, and all employees in the patrol depart-
ment, excluding supervisory employees with authority to hire, pro-
mote, discharge, discipline or otherwise effect changes in the status
of employees or effectively recommend such action.
(2) All salaried employees in the chemical laboratory and in the
metallurgical laboratory, excluding supervisory employees with au-
thority to hire, promote, discharge, discipline or otherwise effect
changes in the status of employees or effectively recommend such
action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the employees
in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United States
Metals Refining Company, Carteret, New Jersey, elections 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 Fourth 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 Regula-
tions, among the employees in the units 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 vacation
or temporarily laid off, and including employees in the armed forces
730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the elections, to determine whether they desire to be represented by
International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, or by Local 72, Inter-
national Chemical Workers Union, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.