Koppers Co.

National Labor Relations Board - Board DecisionsOct 23, 1942

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

In the Matter of KOPPERS COMPANY-MINNESOTA DIvISIoN' u'nd UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, LOCAL 12016 Case No. R-4296.-Decided October 03, 194 Jurisdiction : coke by-products manufacturing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives ; contract held no bar where sub- stantially the entire membership of contracting union had transferred affiliation ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance ein- ployees on hourly pay roll of those departments under the direction of the superintendent of manufacturing at one of Company's plants:; stipulation,as to. Mr. George }V. Morgan and Mr. M. T. Herried, of St. Paul, Minn., for the Company. Helstein cC Hall, by Mr. Ralph L. Helstein, of Minneapolis, Minn., for the United. Mr. Alfred Kamin, Mr. Harold Moon and Mr. Joseph Timko, of St. Paul, Minn., for District 50. Mr. Louis Cokin, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon 'petition duly filed by United "-Gas,: Coke" aild ' -Chemical Workers of America, Local 12016,1 herein called the United , alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Koppers Company-Minnesota Division, St. -Paul , Minnesota , herein called the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert R. Rissman , Trial Examiner: Said hearing was held at Minneapolis , Minnesota, on September 22, 1942. The Company, the United, and District 50, United Mine Workers of America, Local 12016, -herein called District 50, appeared , participated , and were I The petition was filed by National Council of Gas Woi tiers of America, Local 12016, but its designation was changed by motion at the hearing 45 N. L R. B, No. 7. - 38 KOPPERS COMPANY=MINNESOTA DIVISION 39 -afforded full. opportunity to be heard, to- examine and cross-examine 'witnesses, and to introduce evidence bearing on the issues. During the .course of the hearing, counsel for District 50 moved to dismiss the petition. The Trial Examiner reserved his ruling. The motion is hereby denied. At the close of the hearing counsel for the United ,-moved to exclude District 50 from,the ballot. The Trial Examiner reserved his ruling. The motion is hereby denied for reasons stated ,below. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. - .On- October 9, 1942, the United filed a brief which the Board has -considered. Upon the entire record in the case, the Board makes the following,: FINDINGS OF FACT 1. THE BUSINESS OF TILE COMPANY Koppers Company is a Delaware corporation with its principal place of business at Pittsburgh, Pennsylvania. We are here con- cerned, with its plant at St. Paul, Minnesota, where it is engaged in the manufacture of coke .by.-products. During the first 8 months of -1942, the Company purchased raw materials for use at its St. Paul plant valued at about $1,786,140, almost all of which were shipped to it from outside Minnesota. During the same period the Company 'shipped finished products from its St. Paul plant valued at about â€¢$3,228,810, approximately $579,519 worth of which was shipped out of Minnesota. II. THE ORGANIZATIONS INVOLVED -United Gas , Coke and Chemical Workers of America, = Local 12016, is an unaffiliated labor organization admitting to' membership 'employees of the Company. District 50, United Mine Workers of America, Local 12016, is a labor '''-organization admitting to membership employees - of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 17, 1941, the Company and District 50 entered into a closed-shop contract to run until January 13,-1943. This contract is renewable year to year thereafter unless 90 days' notice, prior to January 13, 1943, is given by either party thereto. On June 15, 1942, a meeting of the employees of the Company took place, at which time they adopted a resolution severing their affiliation with 40 DECISIONS' OF-NAT-IONAL LABOR RELATIONS BOARD District 50 -and directed that their charter be returned to District '50. Thereafter, the United submitted a supplemental agreement to -the- Company which provided that the Company recognize it instead of District 50 as the collective bargaining agent under the February 17, 1941, contract. The Company, thereupon, refused to deal with either District 50 or the United until such time as the Board de- termined the appropriate bargaining agent of its employees. District 50 contends that its contract is a bar to a present de- termination of representatives and urges that the petition be dismissed. The employees have voted to sever their affiliation with District 50 and have surrendered their District 50 charter. In ad- :dition, a majority of the employees have apparently indicated their desire to be represented by the United, whereas so far as the' record shows, there are no employees seeking to be represented by District 50.2 This case does not involve a contest between rival labor organi- zations competing for majority representation during the existence -of a valid outstanding closed-shop contract; here substantially the -entire membership of District 50, acting upon their own initiative, 'disbanded the local, surrendered its charter, and affiliated with the United. Under these circumstances, we hold that the contract of February 17, 1941, does not constitute a bar to a present determina- tion of representatives.' 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all .production, and maintenance employees on the hourly pay roll of those departments which come under the direction of the superin- tendent of manufacturing at the St. Paul plant of the Company, -constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.' 'A statement - of the Regional Director introduced into evidence shows that 204 em- ployees whose names appear on the Company s pay ioll of October 17, i942, have signed "assignment of wages" cards in behalf of the United Theie are 223 names on the August '17, 1942, pay roll Distiict 50 declined to submit any evidence of representation to the Regional Director of the Trial Examiner 3 See Matter of 1Pisconsin Southern Gas Company and National Council of Gas, Cole and Clieniwal Worlcrs of America . 44 N L R B 311, Matte) of Bren zer Trucking Com- pany et al. and United Pai ,in9 and Building Supply 1Vorleis , Local Industrial Union No 1221 , C 1 0, 44 N L R B 810; Matter of Harbison -1Valkcr Refractories Company and United Clay Products Worker s , Local Indnsti:al Union No 1205, etc , 44 N L R B. 810 - 4111111S is the sane unit - that is provided foi in the February 17, 1941, contract betriaeen District 50 and the Company. KOPPERS COMPANY-MINNESOTA DIVISION V. THE DETERMINATION OF REPRESENTATIVES 41 We shall direct that the question concerning representation which has arisen be resolved by 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 limitations and additions set forth in the Direction. - - - - The United contends that District 50 should not be accorded a place -on the ballot. However, inasmuch as an election is to be directed and District 50 is a party to the February 17, 1941, contract, with the Company, we shall accord it a place on the ballot. 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 D1EECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Koppers Com- pany-Minnesota Division , St. Paul , Minnesota, an election by secret ballot shall be conducted as early as possible , but not later than thirty ( 30) clays from the date of this Direction , under the direction and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- lations , among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period imme- diately preceding the date of this Direction , including - any such employees who did not work during said 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 any who have since - quit or been discharged for cause , to determine whether they desire to be represented by United Gas, Coke and Chemical Workers of America, Local 12016, or by District 50, United Mine Workers of America, Local 12016 , for the purposes of collective bargaining , or by neither.