Vanadium Corp. of America

National Labor Relations Board - Board DecisionsOct 25, 1938

9 N.L.R.B. 490 (N.L.R.B. 1938)

In the Matter Of VANADIUM CORPORATION OF AMERICA and LOCAL No. 12067 , GAS & BY -PRODUCT CORE & CHEMICAL WORKERS UNION, DIS- TRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-1022.-Decided October ., 1938 Ferro-Alloy Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees : employer's refusal to grant recognition to union-Unit Appropriate for Collective Bargaining: all employees, excluding executives , foremen , inspectors , recorders , watchmen, supervisors, and technical and clerical employees ; no controversy as to-Election Ordered Mr. Edward D. Flaherty, for the Board. Franchot, Runals, Cohen, Taylor & Rickert, by Mr. Thomas G. Rickert, of Niagara Falls, N. Y., for the Company. Mr. Victor A. Pascal, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 19, 1938, Local No. 12067, Gas & By-Product Coke & Chemical Workers Union, District 50, United Mine Workers of Amer- ica, 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 em- ployees of Vanadium Corporation of America, Niagara Falls, New York, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On July 20, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Sec- tion 3, of National Labor Relations Board Rules and Regulations- Series 1, 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 30, 1938, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the 9 N. L. R . B., No. 44. 490 DECISIONS AND ORDERS 491 Union. Pursuant to the notice, a hearing was held on September 19, 1938, at Buffalo, New York, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board. The Board and the Com- pany were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, 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 Vanadium Corporation of America, a Delaware corporation licensed to do business in the State of New York, maintains its principal office and place of business in New York City. It owns and operates a plant at Bridgeville, Pennsylvania, and one, with which this proceeding is concerned, at Niagara Falls, New York, herein called the Niagara plant, which is engaged in the production of ferro-alloys by the electric furnace process. During the period between July 1, 1937, and June 30, 1938, the Niagara plant used in its production operations more than 20,000 tons of raw materials con- sisting principally of chrome ores, quartzite, lime, steel scrap, coke, and coal, approximately 83 per cent of which was secured from sources outside the State of New York. During the same period, the Niagara plant produced more than 5,000 tons of ferro-alloys, ap- proximately 92 per cent of which was shipped to destinations with- out the State of New York. II. THE ORGANIZATION INVOLVED Local No. 12067, Gas & By-Product Coke & Chemical Workers Union, District 50, United Mine Workers of America, is a labor organ- ization affiliated with the Committee for Industrial Organization. It admits to membership the Company's production, maintenance, and shipping employees, exclusive of foremen, assistant foremen, and clerical, supervisory, and technical employees. III. THE QUESTION CONCERNING REPRESENTATION In the early part of July 1937, the Union commenced organizational activities among the Company's employees. In a letter dated August 23, 1937, the Union requested the Company to meet with its com- 492 NATIONAL LABOR RELATIONS BOARD mittee to negotiate a contract. The Union's committee first met with John R. Davis, a vice president of the Company, on August 25, 1937, and discussed a proposed contract. Other conferences between Davis and the Union's committee were held on September 7, 17, and October 2, 1937, but no agreement was reached. Davis testified that he had questioned the Union's majority and had asked the committee for proof of its authority to bargain on behalf of the employees and that, as he had received no such proof, he had recognized the Union as the representative of its members only. At the hearing, the Company continued to question the Union's claim to represent a majority of its employees. We find that a question has arisen concerning 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 I 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 The Union claimed in its petition that all the Company's employees, except executives, foremen, inspectors, recorders, watchmen, super- visors, and technical and clerical employees, constitute a unit.appro- priate for the purposes of collective bargaining. At the hearing, the Company stated that it would not contest this unit. We see no reason for altering the unit proposed by the Union. We find that all the employees of the Company at its Niagara plant, excluding executives, foremen, inspectors, recorders, watchmen, super- visors, and technical and clerical employees, constitute a unit appro- priate for the purposes of collective bargaining and that said 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 The parties stipulated at the hearing that, subject to the Board's approval, the determination of representatives should be based upon the Company's pay roll for the week of August 27, 1938. We shall adopt that eligibility date. DECISIONS AND ORDERS 493 The August 27, 1938, pay roll which was introduced in evidence shows that there were 135 employees in the appropriate unit on that date, excluding two who were thereafter discharged by the Company. The Union introduced in evidence 190 signed membership cards but we have been able to identify only 49 cards for employees in the ap- propriate unit on August 27, 1938. It therefore is necessary to hold an election by secret ballot in order to resolve the question concerning representation. 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 Vanadium Corporation of America, Niagara Falls, New York, at its Niagara plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the employees of the Company at its Niagara plant, exclud- ing executives, foremen, inspectors, recorders, watchmen, supervisors, and technical and clerical employees, 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 1, 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 Vanadium Corporation of America, Niagara Falls, New York, at its Niagara plant, an election by secret ballot shall be conducted within fifteen (15) 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-Series 1, as amended, among all the employees at the Niagara plant whose names appear on the Company's pay roll for August 27, 1938, excluding executives, foremen, inspectors, recorders, watchmen, supervisors, and technical and clerical employees and ex- cluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local No. 12067, Gas & By-Product Coke & Chemical Workers Union, District 50, United Mine Workers of America, for the purposes of collective bargaining. 1