Reilly Tar and Chemical Corp.

National Labor Relations Board - Board Decisions

Mar 6, 1946

66 N.L.R.B. 329 (N.L.R.B. 1946)

In the Matter of REILLY TAR AND CHEMICAL CORPORATION and
UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. 10-R-1649.-Decided March 6, 1946
Mr. Dan M. Byrd, Jr., of Chattanooga, Tenn., for the Company.
Mr. B. T. Judd, of Chattanooga, Tenn., for the C. I. O.
Mr. H. B. Moore, of Chattanooga, Tenn., for District 50.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Gas, Coke & Chemical Work-
ers of America, C. I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Reilly Tar and Chemical Corporation, Chat-
tanooga, Tennessee, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due no-
tice before Samuel G. Zack, Trial Examiner. The hearing was held
at Chattanooga, Tennessee, on January 29, 1946. The Company, the
C. I. 0., and District 50, United Mine Workers of America, here-
inafter called District 50, appeared 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
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
Reilly Tar and Chemical Corporation is a corporation organized
and doing business under the laws of the State of Indiana, with its
66 N. L. It. B., No. 38.
329
330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
principal office and place of business located at Chattanooga, Ten-
nessee, where it is engaged in the business of coal tar refining. Raw
materials used in the business consist primarily of crude coal tar.
The annual value of the raw material used by the Company amounts
to approximately $250,000, 50 percent of which comes to the Chat-
tanooga plant from points outside the State of Tennessee. The Com-
pany produces refined tar, roofing, pitch, coke, and creosote oil
amounting to approximately $250,000 in value, approximately 50
percent of which is shipped by it to points outside the State of
Tennessee.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Gas, Coke & Chemical Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company. District 50,
United Mine Workers of America, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 5, 1945, the C. I. O. by letter asked the Company for
recognition as bargaining representative of the Company's em-
ployees. On October 10, 1945, the Company denied the request,
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concer>iing
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
The parties are in substantial agreement that the appropriate unit
should consist of all production and maintenance employees of the
Company, including still clean-out men, but excluding office and
clerical employees, technical, chemical or engineering employees, and
the plant superintendent. The parties disagree, however, as to the
'The Field Examiner reported that the Union submitted 11 authorization cards ; that
there were 11 employees in the alleged appropriate unit ; and that 8 of the cards were
dated during the month of October 1945, and 3 were undated. District 50 did not pre-
sent any evidence of representation but relies upon its contract as 'evidenee Of.44ts
interest in the instant proceeding.
REILLY TAR AND CHEMICAL CORPORATION 331
status of "full operators." The two unions involved urge the inclu-,
sion of full operators while the Company opposes, taking the position
that such employees are supervisors within the meaning of our usual
definition.
The Company, at the present time, employs three full operators.,
Each of them supervises the work of from two to seven employees.
They are paid 10 cents per hour more than any of the employees
whom they supervise. In the absence of the plant superintendent,
the full operators have the authority to supervise the entire plant
operations. They possess independent authority to discharge em-
ployees for wilful neglect of duty and are responsible for the ac-
tions, discipline, and proper performance of the work of those whom
they direct. They have authority to permit their subordinates to
leave work because of illness, to select employees to work on extra
shifts, -and effectively recommend discipline, up-grading, discharge,
or changes in the status of other employees. We find that full op-
eratars possess supervisory authority within the meaning of our
customary definition and we shall, therefore, exclude them from the
appropriate unit.
We find that all production and maintenance employees of the
Company at its Chattanooga, Tennessee, plant, including still clean-
out men, but excluding office and clerical employees, technical, chem-
ical and engineering employees, full operators, and any other super-
visory employees with authority to hire, promote, discharge, disci-
pline, 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 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.
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 3, as amended, it is
hereby
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Reilly Tar and
Chemical Corporation, Chattanooga , Tennessee , 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 Tenth 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 Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay- roll period imme-
diately 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 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 re-
instated prior to the date of the election, to determine whether they
desire to be represented by United Gas, Coke & Chemical Workers,
affiliated with the Congress of Industrial Organizations, or by Dis-
trict 50, United Mine Workers of America, for the purposes of col-
lective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.