Semet-Solvay Co.

National Labor Relations Board - Board Decisions

Apr 8, 1940

22 N.L.R.B. 742 (N.L.R.B. 1940)

In the Matter of SEMET-SOLVAY COMPANY and, COKE WORKERS LOCAL
No. 22230
Case No. R-1766.-Decided April 8, 1940
Coke and Coke Byproducts Manufacturing Industry-Investigation of Rep-
resentatives : controversy concerning representation of employees : refusal of
employer to recognize petitioning union as the representative of the employees
until certified by the Board-Unit Appropriate for Collective Bargaining: pro-
duction and maintenance employees , exclusive of executives , supervisory em-
ployees not paid by the hour , office employees and temporary employees en-
gaged in construction work ; agreement as to-Election Ordered : eligibility to
vote determined as of pay roll immediately preceding date of Direction of
Election.
Mr. Peter Crotty, for the Board.
Mr. Rockwell T. Gust, of Detroit, Mich., for the Company.
Mr. Neil J. Cu ingham, of Buffalo, N. Y., for the Union.
Mr. Bliss Daffan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 17, 1940, Coke Workers Local No. 22230, affiliated
with the American Federation of Labor, herein called the Union,
filed with the Regional Director for the Third Region (Buffalo; New-
York) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Semet-Solvay
Company, Tonowanda, New York, 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 March 9, 1940, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Section 3, of National Labor
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
22 N. L. R. B., No. 43.
742
SEMET-SOLVAY COMPANY 743
On March 14, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on March 21, 1940,
at Buffalo, New York, before Charles E. Persons, the Trial Examiner
duly designated by the Board. The Board, the Company, and the
Union were represented by counsel who 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
The Company is a New York corporation and has a plant at Ton-
awanda, New York. It is engaged in the manufacture of coke and
its byproducts. The principal raw material used by the Company
in the manufacture of. its products is coal, practically all of which is
shipped to the Tonawanda plant from outside the State of New York.
Approximately 25 per cent of the finished products of the Company
are sold and shipped out of the State of New York. During the year
1939 the Company produced more than 300,000 tons of coke, of which
more than 100,000 tons were shipped out of the State of New York.
At the time of the hearing there were approximately 300 employees
in the employ of the Company. The Company concedes that it is
engaged in interstate commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Coke Workers Local No. 22230 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing, and we find, that the Company
was unwilling to recognize the Union as the bargaining representa-
tive of the employees until it had been certified by the Board as such
representative. ' It was further stipulated, and we find, that a ques-
tion has arisen concerning representation of einpleyees of, the Com-
pany.
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 dead:.to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agree that the unit appropriate for,
the purpose of collective bargaining should include all the produc-
tion and maintenance employees of the Company, exclusive of
executives, supervisory employees not paid by the hour, office em-
ployees and temporary employees engaged in construction work.
We see no reason for not finding such unit appropriate.
We find that all production and maintenance employees of the
Company, exclusive of executives, supervisory employees not paid by
the hour, office employees, and temporary employees engaged in
construction'-work', constitute a unit 'appropriate for the purposes of
collective bargaining, and 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 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 an election by secret ballot. The
Company and- the Union stipulated at the hearing to the use of the
pay roll of the Company of March 9, 1940, with the addition of any'
employees hired since said date, to determine eligibility to participate
in the election. The agreement of the Company and the Union as
to eligibility will be fully effectuated if eligibility is determined on
the basis of the pay-roll period immediately preceding the date of
the Direction of Election in accordance with our usual practice.'
Accordingly, those eligible to vote in the election shall be the em-
ployees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of this Direction of
Election, including employees who did not work during such pay-
roll period because they were ill or on vacation and employees who
were then or have since been temporarily laid- off, but, excluding those
who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SEMET-SOLVAY COMPANY
CONCLUSIONS OF LAW
745
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Semet-Solvay Company, Tonawanda, New
-York, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act. -
2. All production and maintenance employees of the Company,
exclusive of executives, supervisory employees not paid by the hour,
office employees, and temporary employees engaged in construction
work, constitute a unit appropriate for the purposes of collective
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 purpose of collective bargaining
with Semet-Solvay Company, Tonawanda, New York, 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 Third
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of
the Company who were employed during the pay-roll period immedi-
ately preceding the date of this Direction of Election, exclusive of
executives, supervisory employees not paid by the hour, office em-
ployees, and temporary emplqyees engaged in construction work,
and those who have since quit or been discharged for cause, but
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then
-or have since been temporarily laid off, to determine whether or not
they desire to be represented by Coke Workers Local No. 22230,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.