Columbian Carbon Co.

National Labor Relations Board - Board Decisions

Feb 10, 1942

38 N.L.R.B. 1060 (N.L.R.B. 1942)

In the Matter of COLUMBIAN CARBON COMPANY and OIL WORKERS
INTERNATIONAL UNION, LOCAL Nos. 463 AND 235
Case No. R-3443. Decided February 10, 194
Jurisdiction : carbon-black manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until its majority status has been estab-
lished ; "extra" construction employees who have worked at least fifty per
cent of the time during the three-months period preceding the date of
Direction of Election, * held eligible to vote ; election necessary.
Unit Appropriate for Collective Bargaining : all production, maintenance, and
construction employees of the Company at eight of its plants, excluding
supervisory, clerical and technical employees; agreement as to; "extra" con-
struction employees included, notwithstanding desire of the Company for
their exclusion, where they perform work similar to that of the regular
employees, and are frequently reemployed following the completion of a
specific job.
Mr. B. M. Britain, of Amarillo, Tex., for the Company.
Mr. Ray T. Aylor, of Borger, Tex., for the International.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 10, 1941, Oil Workers International Union, Locals
Nos. 463 and 235, herein called the International, filed with the
Regional Director for the Sixteenth Region (Forth Worth, Texas),
an amended petition 1 alleging that a question affecting commerce
had arisen concerning the representation of employees of Columbian
Carbon Company, Borger, Texas, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On December 20, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
'The original petition was filed on November 22, 1941, by Oil Workers International
Union, Local #463.
38 N. L. R. B., No. 199.
1060
COLUMBIAN CARBON. COMPANY 1061
9 (c) of the Act, and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On December 26, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the International. Pursuant to notice, a hearing was held on
January 5, 1941, at Amarillo, Texas, before Clifford W. Potter, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the International were represented and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues was
afforded all parties. During the course of the hearing, the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Columbian Carbon Company is a Delaware corporation with its
main offices located in New York City and the majority of its plants
located in the Panhandle of Texas. At its eight Texas plants in-
volved in this proceeding,2 the Company is engaged in the produc-
tion of carbon-black by burning natural gas. The Company pro-
duces at these plants approximately 135,000,000 pounds of carbon-
black annually, of which more than 95 percent is shipped to points
outside the State of Texas. The Company admits that it is engaged
in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership in its Locals Nos. 463 and 235 employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 30, 1941, the International, claiming to represent a
majority of the Company's employees, requested a conference for the
purposes of collective bargaining. The Company refused to recog-
2 These plants are known as the Bingsmill 60 Plant, Sunray Plant 59, Lela Plant 55,
Lefors Plant 65, Lefors Plant 77, Cophil Plant 95, Wescar Plant 52, and Borger Plant 51.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nize and bargain collectively with the International until its majority
status had been established.
A statement of a Field Examiner, introduced in evidence at the
hearing, shows that the International represents a substantial number
cf the Company's employees.3
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The International petitions for a unit consisting of all production,
maintenance, and construction employees of the Company at Kings-
mill 60 Plant, Sunray Plant 59, Lela Plant 55, Lefors Plant 65,
Lefors Plant 77, Cophil Plant 95, Wescar Plant 52, and Borger
Plant 51, excluding supervisory, clerical, and technical employees.
The Company agrees that this unit is appropriate, except that it
contends that the "construction" or "extra" workers should be
excluded.
These "construction" or "extra" workers are engaged in repair
and maintenance work as well as in the construction of new units or
plants. The Company maintains a regular construction department
operating throughout the year which is augmented from time to time
by these "extra" employees on a job-to-job basis. If this type of
work is unavailable they are occasionally employed in loading or in
"pulling black" on the regular production lines whenever needed.
Unlike the regular employees, no life insurance, hospitalization, or
surgical policies are issued in their favor, nor are they eligible for
weekly benefits or tenancy in company-owned houses. It appears,
however, that when they are employed they work for periods of a
month or more, and that the same persons are frequently reemployed
following the completion of a specific job. We are of the opinion
that the "construction" or "extra" employees should be included in
a One hundred and three authorization cards were submitted , all bearing genuine original
signatures and all dated between October 18 and December 4, 1941 Seventy -nine out of
the 103 are names appearing on the Company ' s pay roll of November 30, 1941 , which listed
about 200 employees in the unit claimed by the International
COLUMBPAN CARBON COMPANY 1063
the unit, since they perform work similar to that of regular construc-
tion employees and have a substantial interest in the terms and
conditions of employment.
We find that all production , maintenance , and construction em-
ployees of the Company at Kingsmill 60 Plant, Sunray Plant 59, Lela
Plant 55, Lefors Plant 65, Lefors Plant 77, Cophil Plant 95, Wescar
Plant 52, and Borger Plant 51, excluding supervisory , clerical, and
technical employees , constitute a unit appropriate for the purposes
of collective bargaining . We further find that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. The employment of "construction " or "extra" employees
is irregular; although an employee in this category may have worked
for several months during the year and has some expectancy of re-
employment, he may be off the pay roll at the present time. Con-
versely, an "extra" employee may have been recently hired for a job
of short duration with doubtful prospects of continuing after the
completion of the job. In these circumstances , we find that "con-
struction" or "extra " employees , who have worked at least 50 percent
of the time during the 3-month period preceding the date of our
Direction , should be eligible to vote. We shall direct that all 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 , shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Columbian Carbon Company, Borger,
Texas, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production, maintenance , and construction employees of the
Company at Kingsmill 60 Plant, Sunray Plant 59, Lela Plant 55,
Lefors Plant 65, Lefors Plant 77, Cophil Plant 95, Wescar Plant 52,
and Borger Plant 51 , excluding supervisory , clerical , and technical
employees , constitute a unit appropriate for the purpose of collective
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Columbian Carbon Company, Borger, Texas, 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 Sixteenth 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 all production, maintenance, and construction employees of
the Company at Kingsmill 60 Plant, Sunray Plant 59, Lela Plant 55,
Lefors Plant 65, Lefors Plant 77, Cophil Plant 95, Wescar Plant 52,
and Borger Plant 51, who were employed during the pay-roll period
immediately preceding the date of this Direction, including such
"construction" or "extra" employees who have worked at least 50
percent of the time during the 3-month period preceding the date
of our Direction, and including 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 tempora-
rily laid off, but excluding supervisory, clerical, and technical em-
ployees, and employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Oil Workers International Union, Local Nos. 463 and 235, affiliated
with the C. I. 0., for the purposes of collective bargaining.