Pittsburg Plate Glass Co.

National Labor Relations Board - Board Decisions

Apr 5, 1946

67 N.L.R.B. 97 (N.L.R.B. 1946)

In the Matter Of PITTSBURG PLATE GLASS COMPANY (COLUMBIA CHEMI-
CAL DIVISION) and INTERNATIONAL UNION OF MINE, MILL AND
SMELTER WORKERS , LOCAL 841, C. I. O.
Case No. 20-R-1604.-Decided April 5,1946
Freston cf Files, by Mr. Arthur Freston, of Los Angeles, Calif., and
Mr. Ralph E. Lewis, of Los Angeles, Calif., for the Company.
Mr. William Gately, of Grass Valley, Calif., for the Union.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended' petition duly filed by International Union of
Mine, Mill and Smelter Workers, Local 841, C. I. 0., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Pittsburg Plate Glass
Company (Columbia Chemical Division), Bartlett, California, here-
in called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before George A. Yager,
Trial Examiner. The hearing was held at Lone Pine, California, on
March 5, 1946. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine 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
Pittsburg Plate Glass Company, a Pennsylvania corporation,
in its Glass Division, operates plants located in Oklahoma, West
07 N. L R. B., No. 10.
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198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Virginia, Ohio, Missouri, Pennsylvania, and California. We are
here concerned with its plant at Bartlett, California, where it is
engaged in the manufacture of sodium carbonate and borax. During
the 6-month period ending November 1945, the value of the materials
and supplies received at the Bartlett plant was in excess of $50,000,
of which 3 percent was purchased outside the State of California.
During the same period products were sold having a value in excess
of $150,000, of which approximately 15 percent was sold or shipped
to points outside the State of California.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED _
International Union of Mine, Mill and Smelter Workers, Local 841,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union, in November 1945, requested recognition by the Company
as the exclusive bargaining agent of certain of the Company's employ-
ees. The Company has refused such recognitiou until the Union has
been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployeees 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
We find, in substantial accord with an agreement of the parties,
that all production and maintenance employees of the Company at
its Bartlett, California, plant, excluding clerical employees and all
supervisory employees with authority to hire, promote, discharge, dis-
eipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act 2
I The Field Examiner reported that the Union submitted 57 authorization cards. There
are approximately 60 employees in the appropriate unit.
2 The parties agree that the superintendent, assistant superintendent , chief chemist,
personnel supervisor, chief engineer , master mechanic, general shift foreman, shift fore-
men, relief shift foremen , chief accountant , junior accountants , production and pay-roll
clerks, stenographers , clerical , clerk-typist , shall be excluded from the appropriate unit.
PITTSBURG PLATE GLASS COMPANY 99
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 employ-
ees 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 Direc-
tion.
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 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 a part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Pittsburg Plate
Glass Company (Columbia Chemical Division), Bartlett, California,
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 Twen-
tieth 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 Regulations, among employees in the unit found appro-
priate in Section IV, above, who were employeed 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 employ-
ees in the armed forces 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 rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by International Union of Mine, Mill
and Smelter Workers, Local 841, C. I. 0., for the purposes of collective
bargaining.