Solvay Process Co.

National Labor Relations Board - Board DecisionsSep 19, 1941

35 N.L.R.B. 564 (N.L.R.B. 1941)

In the Matter Of SOLVAY PROCESS COMPANY, DETROIT PLANT and THE ASSOCIATED CHEMICAL WORKERS OF MICHIGAN Case No. R 2923.Decided September 19, 1941 Jurisdiction : chemical products manufacturing industry. Investigation and Certification of Representatives : existence of question: stipulated ; election necessary. Unit Appropriate for Collective Bargaining : hourly paid production and main- tenance employees at the Detroit plant of the Company, excluding foremen and other supervisory employees, and office and plant-protection employees Mr. Rockwell T. Gust, of Detroit, Mich., for the Company. Mr. Frank Darin, of Wyandotte, Mich., for the Associated. Mr. Charles Nelson, and. Mr. Stanley Norvak, of Detroit, Mich., for District No. 50. Mr. Dan. M. Byrd, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 18, 1941, and July 23, 1941, respectively, The Associated Chemical Workers of Michigan, herein called the Associated, filed with the Regional Director for the Seventh Region (Detroit, Michi- gan) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Solvay Process Company, Detroit, Michigan, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relation Act, 49 Stat. 449, herein called the Act. On August 7, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section-9 (c) of the Act and Article III, Section 3, of National Labor Relations 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 August 15, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Asso- 35 N. L R. B., No. 125. 564 SOLVEY PROCESS COMPANY, DETROIT PLANT 565 ciated, and United Mines Workers of America, District No. 50, affiliated with the Congress of Industrial Organizations, herein called District No. 50, a labor organization claiming to represent employees directly affected by the investigation. On August 25, 1941, pursuant to notice, a hearing was held at Detroit, Michigan, before Colonel C. Sawyer, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Associated, and District No. 50 were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various 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 1. THE BUSINESS OF THE COMPANY The Solvay Process Company, an affiliate of Allied Chemical & Dye Corporation, is a New York corporation engaged in the manu- facture and sale of chemical products. At its plant in Detroit, Michi- gan, the only one here involved, the Company manuactures soda ash and other alkali products. During the year ending July 1, 1941, the Company at its Detroit plant used raw materials, consisting of stone, brine, coke, and ammonia, weighing in excess of 400,000 tons, more than 20 per cent of which was shipped to the plant from points out- side of the State of Michigan. During the same period , the Com- pany manufactured in excess of 200,000 tons of products at its Detroit plant, more than 75 per cent of which was shipped to places outside the State of Michigan. ' The Company admits for the purpose of this proceeding that it is engaged in Commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED The Associated Chemical Workers of Michigan is an unaffiliated labor organization admitting to membership employees of the Com- pany. United Mine Workers of America, District No. 50, affiliated, with the Congress of Industrial Organizations, is a labor o) ganization admitting to membership employees of the Company. 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION All parties stipulated that the Company refuses to recognize the Associated as the exclusive bargaining representative of its em- ployees until it is certified by the Board. All parties Stipulated, and we find, that the Associated and Dis- trict No. 50, each represent a substantial number of employees within the unit hereinafter found to be appropriate., 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 F 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 At the hearing the parties stipulated, and we find, that all hourly paid production and maintenance employees at the Detroit plant of the Company, excluding foremen and other supervisory employees, and office and plant-protection employees, constitute a unit appro- priate for the purposes of collective bargaining. We find further that said unit will insure to employees of the Company the full bene- fit 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. All parties stipulated and we find that those eligible to vote in the election shall be the employees of the Company within the appropriate unit whose names appear on the'Company's pay roll for the period im- mediately preceding the date of this Direction of Election, subject to such limitations and additions as are set forth in the Direction. 'The Trial Examiner reported that the Associated submitted approximately 465 cards, dated between January and August 25, 1941, all bearing apparently genuine signatures. A spot check by the Trial Examiner of 'the Associated cards against the company 's current pay roll containing the names of 782 employees showed that a substantial number had signed cards of the Associated. SOLVER' PROCESS COMPANY, DETROIT PLANT 567 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 Solvay Process Company, at the Detroit, Michigan, plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly paid production and maintenance employees of the Company at its Detroit, Michigan, plant, excluding foremen and other supervisory employees, and office and plant-protection em- ployees 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Solvay Process Company, Detroit, Michigan, 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 Seventh 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 hourly paid production and maintenance em- ployees of the Company at its Detroit, Michigan, plant, who were employed during the pay-roll period immediately preceding the date ,of this Direction, including employees who were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding foremen and other supervisory employees, and office and plant-production employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by The Associated Chemical Workers of Michigan, or by United Mine Workers of America, District No. 50, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither.