Standard Ultramarine Co.

National Labor Relations Board - Board DecisionsSep 12, 1942

43 N.L.R.B. 1345 (N.L.R.B. 1942)

In' the Matter of STANDARD ULTRAMARINE COMPANY and CONGRESS OF INDUSTRIAL ORGANIZATIONS , Case No. ' R-/.183.Decided September 12, 1942 Jurisdiction : dye and pigment manufacturing industry. Investigation and Certifications of Representatives : existence of question : re- 'fusal to accord either' of competing organizations recognition. until certified by the Board; election necessary - Unit Appropriate for Collective Bargaining : all employees, including leaders and inside watchmen, but excluding foremen, chemists and assistants in labora- tories, departmental superintendents, office employees, blend office employees and assistants, storekeepers and assistants, gate watchmen, foremen watch- men, and sewer foremen. Mr. R. E. Wright and Mr. E. A. Marshall of Fitzpatrick, Strickling & Marshall, of Huntington, W. Va., for the Company. Mr: Robert C. Edwards, of Huntington, W. Va., for the,;C. I: O. Mr. E. E. Holly field, of Charleston, W. Va.. for District 50..' JIr. William C. Baisinger, Jr., of counsel to the Board. ' _ DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Congress of Industrial Organizations, herein calledthe C. I. 0., alleging that'a question affecting commerce had arisen concerning the representation of employees of Standard Ultramarine Company, Huntington, West Virginia, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Paul S. Kuelthau, Trial Exam- iner. Said'hearing was held at Huntington, West Virginia, on August 18, 1942. The Company, the C. I. 0., and District 50, United Mine Workers of America, herein called District 50, appeared, participated, and 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. 43N.L R B, No 208 451030-42-vol 43-Si 1345 1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF TIIE COMPANY Standard Ultramarine Company is a West Virginia corporation, operating a plant at Huntington, West Virginia, at which it is engaged in the manufacture of ultramarine blue, dye stuffs, and pigments. Virtually all of its raw materials are imported from outside the State of West Virginia. During the year ending June 30, 1942, the Company sold 17,094,600 pounds of products, over 50 percent of which represents sales to purchasers outside the State of West Virginia. The Company employs approximately 355 employees at its Huntington plant. The Company, admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IL 'THE ORGANIZATIONS INVOLVED' Coligress of Industrial Organizations is a labor organization. It admits to membership employees of the Company. District 50, United -line Workers of America, is a labor organiza- tion. It admits to membership employees of the.Company. III. THE QUESTION CONCERNING REPRESENTATION Both the C. I. O. and District 50 claim-to represent the employees of the Company, but the Company refuses to recognize or bargain with either until it is certified by the Board. A statement by a Field Ex- aminer. of the Board, introduced in evidence- at the hearing, shows that the C. I. O. represents a substantial number of employees in the unit hereinafter found to be- appropriate.' We find that a. question affecting commerce has arisen concerning the employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. W. TIIE API'ROPPIATE UNIT The C. I. O. contends that the appropriate unit should include all employees of the Company, excluding foremen, chemists and assistants - The statement of the Field Examinci shoes that the C 1 0 submitted to Iiiin 324 application-tor-iiiriiibeiuhip cards All of these cards were dated during, July 1942; 323 appe:u to beat genuine original signatures and one bears a printed signature: 293 are names'of persons whose naives appear on the Company's pay ioll, which pay roll contains a iot,il of 341 n.unes of employees in the appropriate unit District 50 relies on its contract with the Company to substantiate its claim of i cpi esenta- tion Said contract Sias entered into on August 15, 1941, and expued August 15, 1942 STANDARD ULTRAMARINE 1347 in laboratories, departmental superintendents, office employees, blend office employees and assistants, storekeepers and assistants, gate watch-. men, foremen watchmen, and sewer foremen. District 50 would in- clude leaders, but exclude watchmen; whereas the Company desires to exclude both, these groups. The unit set' forth in the contract between District 50 and the Com- pany. includes all employees of the Company, except, foremen, chemists and assistants in laboratories, departmental superintendents, office employees, blend office employees and assistants, storekeepers and as- sistants, gate watchmen, foremen watchmen, and sewer foremen. It appears that leaders and inside watchmen have been covered by the contract. The Company has 10 departments in which from one to ten leaders are employed., Each of'these departments has a foreman in charge, except the barium department, which is supervised by a production manager.. The leaders' duties in each department are substantially the same. Approximately one-half of their time is spent in supervisory work, and the balance of their time is devoted to performing manual -duties in conjunction with the other employees in their departments. The plant 'operates 168 hours a week. The foremen work the daylight .shift and when there are no foremen on duty; the leaders assume super- visbry-functions, insofar as such supervision becomes necessary. They are chosen from the ranks of the employees without regard-to seiority; and although they may make recommendations, they have no authority to hire or discharge. Inasmuch as the leaders appear to have been included in the unit established by the contract and since they do not serve as full time supervisors, we shall include therein the unit. The Company employs three inside watchmen. Since certain types .of watchmen were specifically excluded from the contract unit, it appears that the three inside watchmen were included. Accordingly, we shall-include the three inside watchmen in the unit. We find that all employees of the Company, including leaders and the three inside watchmen; but excluding foremmen, chemists and assist- ants in laboratories, departmental superintendents,, office employees,, blend office employees and assistants, storekeepers and assistants, gate watchmen, foremen watchmen, and sewer foremen, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES 1Ve shall direct that the question concerning representation which' has arisen -be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the, pay- 1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD roll period immediately preceding the date of our Direction of Election, 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 Relations Act, 49 Stat. 449 , and pursuant to Article III, Section 8, of National Labor Relations ' Board Rules and Regulations-Series 2, as amended, it is hereby r DIRECTED that , as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Standard Ultra- marine Company, Huntington, West Virginia , 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 of Election , under the direc- tion and supervision of -the Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company in the unit found appropriate 'in Section IV, above, who were employed 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 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 the Congress of Industrial Organizations, or by District 50, United Mine Workers of America, for the purposes of collective bargaining , or by neither. MR. GERARD D. REILLY took no part in the consideration of tile, above Decision and Direction of Election.