White Pigment Corp.

National Labor Relations Board - Board Decisions

May 27, 1942

41 N.L.R.B. 379 (N.L.R.B. 1942)

In the Matter Of WHITE PIGMENT CORPORATION and UNITED STONE
AND ALLIED PRODUCTS WORKERS OF AMERICA (C. I. 0.)
Case No. R-3794.-Decided May 27,1942
Jurisdiction : inert pigment manufacturing industry.
Investigation and Certification of Representatives : existence of question:
stipulated ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's Florence , Vermont, plant, including truck drivers,
but excluding executives , foremen, clerical employees , and watchmen ; no
disrute as to ; the assistant foreman, construction foreman, and the employees
at the C pany's Waltham, Massachusetts , plant excluded over objection of
the Company.
Mr. Edmund J. Blake, of Boston, Mass ., for the Company.
Mr. Samuel E. Angoff, of Boston, Mass., for the Union.
Mr. Gerard J. Manack, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Stone and Allied Products
Workers of America (C. I. 0.), herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of White Pigment Corporation, Florence,
Vermont, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Albert J. Hoban, Trial Examiner. Said hearing was held at Rut-
land, Vermont, on April 30, 1942. The Company and the Union
appeared and participated.' All parties were afforded full opportu-
nity 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.
' Independent Marble Workers of Vermont, although served with notice, did not appear.
41 N. L. R. B., No. 80.
379
380 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 THE COMPANY
White Pigment Corporation, is a Vermont corporation having its
principal office at Proctor, Vermont. The Company operates a plant
and quarries at Florence, Vermont, and a plant at Waltham, Massa-
chusetts, and at those places is engaged in the manufacture and sale of
inert pigments. During the calendar year 1941, the Company, in
addition to the raw materials obtained from its quarries, secured raw
materials from other sources for use at the Florence, Vermont, plant,
60 percent of which was obtained from points outside the State of
Vermont. During the same period, the Company sold products pro-
duced at the Florence, Vermont, plant, valued at approximately $250,-
000, 90 percent of which was shipped to points outside the State of
Vermont. The Company concedes that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Stone and Allied Products Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union stipulated that a question concern-
ing representation had arisen in that the Company, upon request, had
declined to recognize the Union as the exclusive representative of the
production and maintenance employees at the Florence, Vermont,
plant and quarries.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union claims that all production and maintenance employees
at the Company's Florence, Vermont, plant and quarries, including
2 The Regional Director reported that the Union submitted 50 membership cards
(excluding 2 duplicates ), 39 of which appeared to bear genuine signatures of persons
whose names were on the Company's current pay roll There are approximately 63
employees in the appropriate unit.
',WHITE' PIGMENT CORPORATION ,.. 381
truck drivers, but excluding. executives, foremen, assistant foremen,
clerical employees, and watchmen, constitute an appropriate unit.
The Company would include, the Union would exclude, the following
-employees,:,
1. The assistant foreman: The assistant foreman assists the one
foreman at the Florence'plant and quarries and is in complete charge
during the foreman's absence. The assistant foreman may recommend
the hiring and discharging of employees and receives a weekly salary.3
Although he performs some manual labor, it is clear that his super-
visory duties occupy a major portion of his time. We find that the
assistant foreman is a supervisor, and, as such, should be excluded
from the unit.
2. The construction foreman: The construction foreman, under the
supervision of the foreman, directs the work of three men in the
"installation of machinery and pouring of concrete and fixing up
derricks." Although he is paid by the hour, he receives higher wages
than the men working under him, and may recommend the hiring and
discharging of employees. Although the construction foreman
spends a substantial amount of time in performing manual labor, his
supervisory duties are not affected thereby, but are continuous. We
find that the construction foreman is a supervisor, and, as such, should
be excluded from the unit.
3. The Waltham plant employees: The Waltham, Massachusetts,
plant is located 170 miles from the Florence plant. Both plants are
engaged in the same type of work and are under the supervision of
the Company's general manager. The interchange of employees be-
tween the two, plants is negligible,4 and the intermingling of and
acquaintanceship among employees appears limited.' The Waltham
plant employs approximately 21 persons, who receive higher wages
than the Florence plant employees, because of higher living costs
in Waltham. The Union has not organized the Waltham .plant.
Under the circumstances, we find that the Waltham plant employees
should be excluded from the unit.
We' find that all production and maintenance 'employees at the
Florence, Vermont, plant of the Company, including truck, drivers,
but excluding executives, foremen, the assistant foreman, the con-
struction foreman, clerical employees, and watchmen, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
3 All other employees, except the foreman, are hourly paid employees
* During the past year, the construction crew from the Florence plant, consisting of
four men, went to the Waltham plant six times to perform construction jobs, and on a
few occasions some Florence plant employees were sent to the Waltham plant to learn
processing work
5 The record indicates that practically the only association between the employees is
among a group of employees whom the Company brought from Georgia and distributed
between the two plants. c'
382 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We 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-
roll period immediately preceding the date of the Direction of Elec-
tionherein,, 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 Re-
lations 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 to ascertain representa-
tives for the purposes of collective bargaining with White Pigment
Corporation, Florence, Vermont, 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 First 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 the
employees 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 any such 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 or not they desire to
be represented by United Stone and Allied Products Workers of
America (C. I. 0.) for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
In the Matter Of WHITE PIGMENT CORPORATION and UNITED STONE
AND ALLIED PRODUCTS WORKERS OF AMERICA (C. I. 0.)
Case No. R-3794
CERTIFICATION OF REPRESENTATIVES
June 020, 1942
On May 27, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.
Pursuant to the Direction of Election, an election by secret ballot was
conducted on June 5, 1942, under the direction and supervision of the
Regional Director for the First Region (Boston, Massachusetts).
On June 6, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, duly issued and served upon the parties
an Election Report. No objections to the conduct of the ballot or
to the Election Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible to vote______________________________ 49
Total number of votes cast________________________________ 53
Total number of valid votes_______________________________ 43
Total number of ballots marked for the Union______________ 28
Total number of ballots marked against the Union_________ - 15
Total number of blank ballots_____________________________ 1
Total number of void ballots ------------------------------ 0
Total number of challenged ballots________________________ 9
-
By virtue of and pursuant to the power vested ii. the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Stone and Allied Products
Workers of America (C. I. 0.) has been designated and selected by
a majority of all production and maintenance employees of the White
Pigment Corporation, Florence, Vermont, including truck drivers,
but excluding executives, foremen, the assistant foreman, the construe-
141 N. L. It. B. 379.
•41 N. L. R. B., No. 80a.
383
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion foreman, clerical employees, and watchmen, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
the provisions of Section 9 (a) of the National Labor Relations Act,
United Stone and Allied Products Workers of America (C. 1. 0.) is
the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.