The New Jersey Zinc Co.

National Labor Relations Board - Board Decisions

Dec 13, 1944

59 N.L.R.B. 920 (N.L.R.B. 1944)

In the Matter of THE NEW JERSEY ZINC COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No.4-B-1509.Decided December 13, 1944
Mr. Newell W. Ellison, of Washington, D. C., and Mr. L. F. Johnson,
of'New York City, for the Company.
Mr. Otto Hartmann, of Newark, N. J., for District 50.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The New Jersey, Zinc Company, Franklin, New Jersey, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Eugene M. Purver, Trial
Examiner. Said hearing was held at Newark, New Jersey, on Novem-
ber 8, 1944. The Company and 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 Company moved at the hearing for a dismissal of the petition
herein. The Trial Examiner reserved ruling upon this motion for the
Board. In view of our finding in Section III, infra, the motion is
granted. 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. On November 29,
the Company filed with the Board a motion to correct the record and
a request for oral argument. In the absence of opposition by District
50, the motion to correct the record is granted and the record is hereby
corrected in conformance with the proposed corrections set forth in
the motion. The request for oral argument is denied.
Upon the entire record in the case, the Board makes the following:
59 N. L. R. B., No. 176.
920
THE NEW JERSEY ZINC COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
921
The New Jersey Zinc Company, a New Jersey corporation, is
engaged in mining and concentrating zinc ore. For this purpose, it
owns and operates mines and plants located at Franklin and Ogdens-
burg, New Jersey, with which we are concerned herein. During the
year 1943, the Company purchased supplies and materials for use at
the above-named operations, from points outside the State of New
Jersey, valued in excess of $250,000 and, during the same period,
almost 100 percent of the zinc concentrates produced at these opera-
tions, valued in excess of $500,000, was shipped to points outside the
State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organization
admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The parties are agreed that hourly paid production and maintenance
employees, gatemen, and watchmen, excluding forestry service em-
ployees, sociological employees, technical employees in training,
clerical employees, and all supervisory employees within the meaning
of the Board's customary definition comprise an appropriate unit.'
However, the parties disagree with respect to the scope of the unit;
District 50 contends that the unit should be confined to employees in
the afore-mentioned classifications who are engaged at the Ogdens-
burg mine and mill, whereas the Company contends that such em-
ployees at both the Franklin and Ogdensburg operations constitute the
appropriate unit.
Franklin and Ogdensburg, New Jersey, are adjoining towns. At
Franklin, the Company owns and operates a mine, mill, and power-
house, together with various offices. At Ogdensburg, it owns and
operates a mine and mill. Although these operations are between 21/2
and 31/2 miles apart, the Company owns either the surface and mineral
rights or the mineral rights to the property lying between them. The
sane type of mining is conducted at both mines, the same type and
quality of zinc ore is taken from each, and similar equipment is used
1 The parties stipulated that gang bosses. shift bosses, mine bosses , mill bosses, shop
bosses , and other employees rated as bosses. are supervisors A disagreement exists with
respect to empla'ees who occasionally act as bosses. However , in view of our finding , infra,
we deem it unnecessary to dispose of this issue.
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in these operations by the two mines. The mills of each operation
crush the ore, and the same processes are used at each operation to
separate the ore particles. The products thus obtained are shipped
to the Company's smelter in Pennsylvania. In the smelting of the ores,
the produce of both mines is mixed in order to achieve a uniform
maximum recovery of zinc and other products from the ores.
Both the Franklin and Ogdensburg operations are under the control
of a single general superintendent, who is responsible for the mines,
the mills, and the various service departments which service the mines
and mills. Responsible to him are two mine superintendents, one
in charge of the Franklin mine and the other in charge of the Ogdens-
burg mine. Also responsible to him is a plant division superintendent
who is in charge of both mills, the power and shops department,' and
the engineering department. Assisting the, plant division superin-'
tendent are individual department heads in charge of each mill,
the power and shops department, and the engineering department.
There are 10 service departments,' all of which serve both the Franklin
and Ogdensburg operations without distinction. Each of these de-
partments, with the exception of the power and shops department and
the engineering department, is headed by a person responsible to the
general superintendent.
Electric power used at both operations is generated at the Franklin
powerhouse. The shops, consisting of general repair shops, electric
shops, plumber shops, machine shops, and carpenter shops, have
branches at each operation, although the main shops are located at
Franklin. Since the shops of the two operations do not have the
same equipment, some work is performed for the Ogdensburg opgra-
tion at Franklin, and the contrary is also true.
The pay roll, accounting, and personnel records for both operations
are kept, for the most part, at the main office or the personnel office,
each of which is located at Franklin. All matters relating to em-
ployment for both operations are handled through the personnel of-
fice, and persons seeking employment at Ogdensburg must be hired at
Franklin. ' The Company maintains a single pay roll which is divided
into departments without distinction as to operation, and paymasters
go from the main office to either operation. All transactions between
the Company and outside parties are handled through the accounting
office at Franklin, and all purchases and shipments for both operations
are dealt with through the main supply house at Franklin, the sub-
sidiary supply house at Ogdensburg receiving its supplies through the
main supply house.
2 This department consists of the power plant and the various maintenance shops
' These departments are • the geological, power and shops, engineering, personnel,
accounting , real estate, supply , chemical , forestry, and servicing departments
THE NEW JERSEY ZINC COMPANY 923
Regular staff meetings are attended by the heads of the various
operating departments of the two mines and mills as well as by the
heads of the service departments . These meetings are held regularly
for the purpose of integrating all operations of the Company.
Transfers of men and equipment from one operation to the other
are directed by the general superintendent . The record indicates that
between 48 and 50 persons were transferred between the Franklin and
Ogdensburg operations during 1943 and up to November 9, 1944, some
upon a permanent, basis and others upon a temporary basis. The Com-
pany has in effect a policy of company-wide seniority . Positions at
both operations are identical , and the rates of pay are the same at each
for comparable work. Working hours and shifts are the same at both
mines , as are vacations which are arranged through the main office at
Franklin.
The Company's operations at both Franklin and Ogdensburg has
been treated as a, single enterprise by. the War Manpower Commission
which has set. a ceiling fixing the number of employees which the Com-
pany as a whole may hire. An application to the National War Labor
Board has been filed by the Company treating both operations as a
single unit , and that agency has acted favorably upon this application.
In view of the foregoing , we are of the opinion that both mines and
mills and the service departments of the Company are operated as a
single, highly integrated enterprise . It follows , therefore , that the
unit sought by District 50, confined solely to certain employees at the
Ogdensburg operation , i inappropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
IV. THE ALLEGED QUESTIO N CONCERNING REPRESENTATION
Since, as indicated in Section III, supra, the bargaining unit is in-
appropriate for the purposes of collective bargaining , we find that no
question affecting commerce has arisen concerning the representation
of employees of the Company in an appropriate unit. Accordingly,
we shall dismiss the petition.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of The New Jersey Zinc
Company, Franklin, New Jersey , filed by District 50, United Mine
Workers of America , be, and it hereby is , dismissed.