The Solvay Process Co.

i In the Matter of THE SOLVAY PROCESS COMPANY and CHEMICAL WORKERS' UNION, LOCAL 22609, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of THE SOLVAY PROCESS COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT 50, C. I. O. Cases Nos. R-3522 and R-3523, respectively.-Decided March 7, 1942 Jurisdiction : chemical products manufadturing industry. Investigation and Certification of Representatives : existence of question: refusal of Company to accord recognition to either of petitioning unions until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : hourly paid production and mainte- nance employees at the Company's Baton Rouge, Louisiana, plant, including laboratory employees, brine-well employees, operators in the chlorine depart- ment, 21 named construction employees, mill-water and wharfmen, 5 named employees, but excluding plant administration men, head operators in lime kiln, watchmen and gatemen on the hourly pay roll, special construction employees temporarily employed on large-scale new construction, 7 named hourly paid supervisors, head operators in caustic-soda department, and 3 named employees. Mr. Edmund M. -Preston, of Richmond, Va., Mr. C. B. Porter, of Baton Rouge, La., and Mr. Harry S. Ferguson, of New York City, for the Company. - Mr. J. D. DeBlievx, of Baton Rouge, La., for Local 22609: Mr. Frank L. Parsons, of Birmingham, Ala., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 31, 1941, and January 17, 1942, respectively, Chemical Workers' Union, Local 22609, affiliated with the American Federation, of Labor, herein called Local 22609, and United Mine Workers of America, District'50, C. 1. 0., herein called the United, filed with the Regional Director for the Fifteenth Region (New Orleans, Loui- siana) separate petitions alleging that a question affecting commerce 39 N. L. R. B., No. 104. 572 THE S!OLVAY PROCESS COMPANY •573 had arisen concerning the representation of employees of The Solvay Process Company, Baton Rouge, Louisiana, herein called the Com- pany, and requesting an investigation and' certification of represent- atives pursuant, to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 21;'1942, the'National "Labor Relations Board, herein called the Board; acting pursuant to Section 9 (c) of the Act and Article TII, 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, and, acting pursuant to Article III, Section 10 (c) (2); of said Rules and Regulations, ordered the two•cases consolidated. On January 27, 1942, .the Regional, Director issued, a. notice of hearing, copies.of ,which were duly served upon the Company, Local 22609, and the United. Pursuant to notice, a hearing was, held on February 6 and 7, 1942, at Baton Rouge, Louisiana, before C.' Paul Barker, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, Local 22609, and the United were repre- sented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner granted a motion of the United to amend its petition as to formal matters., During the course of the hearing,' the Trial Examiner made several rulings on other motions'and on objections to the admission of evidence: ' The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed.` ' On March 2, 1942, Local 22609 filed ' a 'brief which the Board has considered. I 1 1) ' 1 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 is a New York corporation. .It operates a plant at Baton Rouge, Louisiana, where it is engaged in the business, rof manufacturing chemical products.. The Company purchases raw materials for use at its Baton Rouge 'plant valued in excess of $1,000,000 annually, all of which are shipped, to it from points outside the State of Louisiana. It manufactures products .valued in excess of $1,000,000 annually, about 70 percent of which is shipped by it to points outside the State of Louisiana. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the Act. • • 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Chemical Workers' Union, Local 22609, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees at the Baton Rouge plant of the Company. United Mine Workers of America, District 50, is a labor organiza- tion affiliated with the Congress of Industrial Organizations. It admits to membership employees at the Baton Rouge plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize Local 22609 or the United until such time as the Board determines the bargaining representative of its employees. A statement of the Trial Examiner, read into the record during the hearing, shows that Local 22609 and the United each represents a substantial number of employees in the unit alleged, by each to be appropriate.' We find that a question has arisen concerning the representation of the 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 All the parties agree that all hourly paid production and mainte- nance employees at the Baton Rouge plant of the Company, including laboratory and brine-well employees on the hourly pay roll and opera- tors in the chlorine department, but excluding seven named hourly paid supervisors,2 plant administration men, head operators in lime kiln, all employees on the hourly pay roll who are classified as watch- men and gatemen, and special construction employees on the hourly pay roll who are temporarily employed on large scale new construction, should,, be included in the appropriate. unit The parties are in disagreement as to the following classes of employees. -1 The Trial Examiner stated that Local 22609 presented 161 membership application cards bearing the signatures of persons whose names appear on ihe ,February 2, 1942, pay roll of the Company The Trial Examiner further reported that the United presented 147 membership application cards bearing the signa- tures of persons who appear on that pay roll There are approximately 398 employees on the February 2, 1942, pay roll. 2 Thomas McGrew, Robert L Morgan, Melvin H Stevens , Sherwood C Edwards , Floyd Landry, Elvin Hodge, and Fred E. Raiford. THE SOLVAY PROCESS COMPANY 575 Construction employees. Although all the parties agree to exclude special construction employees temporarily employed on large scale new construction, they are in disagreement as to the disposition to be made of 21 named construction employees.' The United urges that these employees be excluded from the unit and Local 22609 that they be included. It appears that each of these employees has worked for the Company at least 3 months during the 6-month period preceding the date of the hearing herein. Although some of these employees are laid off from time to time, the Company calls them back for various jobs for which they are qualified. Many of these employees have worked in other departments of the Company and some of them perform maintenance work as well as construction work. In view of the fact that they worked for the Company during at least half of the 6-month period immediately preceding the hearing, and in view of the likelihood of their being called back to work by the Company in the event of lay-off, we shall include these employees in the unit. Mill-Water and Wharfinen. These employees work at the Com- pany's wharf which is located about 1,700 feet from its main buildings. The United seeks to exclude these employees from the unit because they work at this -distance from the plant. Local 22609 seeks to include these employees in the unit. These employees' use the same time clock and locker rooms as the men at the plant. They operate pumps and compresses pursuant to instructions from the soda-ash foreman. Although - these employees have previously performed patrol duties in addition to their regular. work, at the time of the hearing they had not done any such work for several months and it is not contemplated that they will resume such duties. We shall include these employees in the unit. Store employees. There are three employees in -dispute in this department-Molaison, Morris and Bridgeman. The United requests that they be excluded from the unit because their duties are clerical in nature and Local 22609 seeks to have them included. It appears from the record that Molaison is a cardex clerk and spends most of his time keeping clerical records. Inasmuch as his duties are clerical, we shall exclude him from the unit. Morris and Bridgeman receive and hand out various types of material. They spend a majority of their time actually handling the material. We shall include them in the unit. Head operators in caustic-soda department. These employees per- form manual labor but also have supervisory duties and relieve the foremen when they are absent from the plant.' They are paid more 3 George M Allen, John W Byrd, Joe V. Citrano, George F Brown, Vernon Kirby, Alvin M Ott, Augustus A Gianfala, Rupert R Toler, Sr, Neomah W Witty, William Woolever, James A Williams, Frederic R Landry, Charles A E Stevens, Odiss L Holden, Francis M Davidson , John F Mannerns, Voywn H Parker, George A. Rcmne, Joe Accardo, Layton L Bankston, and William Cole These employees are named Garven L . Courtney, John B Tucker , and Lysle P Elliott 448105-42-vol. 39-38 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD than the production operators and are considered by the Company as "trouble shooters." The United and Local 22609 seek to exclude these employees from the unit on the ground that they are super- visors. Since it appears that their duties are to a large extent super- visory, we shall exclude all head operators'in caustic-soda department from the unit. Edwin Roy is classified by the Company as relief head operator in caustic-soda department. The United seeks to exclude him from the unit on the ground that he is a supervisory employee. Local 22609 urges that he be included in the unit. Roy relieves the head operators during their absence but at no time relieves any of the foremen. It appears that Roy performs routine production work. We shall include him in the unit. William Sims is classified by the Company as a chauffeur. The United seeks to have him excluded from the unit while Local 22609 would include him. This person spends about 50 percent of his time performing clerical work in the offices of the Company and the re- mainder of his time as a chauffeur: Under these circumstances, we shall exclude him from the unit. Wade Artigue is classified by the Company as head man in the boiler house., The United seeks his exclusion from the unit on the ground that he is a supervisor. 'Local 22609 urges that he be included in the unit. Although Artigue is the highest skilled employee in the boiler house, he has no authority to hire or discharge or make any recommendations with respect to the hire or discharge of employees. Although he ordinarily has three helpers, he merely directs them in the performance of their duties. Under these circumstances, we shall include Artigue in the unit. Ira Wolsefer is classified by the Company as a steel layout man. The United seeks his exclusion from the unit on the ground that he is a supervisory employee. Local'22609 requests that he be included in the unit. It appears from the record that Wolsefer is a highly skilled employee who lays out the work for the other employees in the boiler shop. He has no authority with respect to the hire or discharge or recommendation as to the hire or discharge of any employees. We shall include him in the unit. Edward Daigle is a clerk in the chlorine department. The United seeks to exclude him on the ground that he is a clerical employee. ,Local 22609 urges that he be included in the unit. • It appears from the record that Daigle performs only clerical, work and at times operates an accounting machine. We shall exclude' him from the unit. We find that all hourly paid production and maintenance employees at the Baton Rouge plant of the Company, including laboratory and urine-well employees on the hourly pay roll, operators in the chlorine THE SOLVAY PROCESS OOMP'A!NY 577 department, Morris, Bridgeman, 21 named construction employees,' mill-water and wharfmen, Wade Artigue, Ira Wolsefer, and Edwin Roy, but,excluding plant administration men, head operators in lime kiln, watchmen and gatemen on thehourly pay roll, special construction employees temporarily employed on large-scale new construction, seven named hourly paid supervisors,' Molaison, William Sims, head operators in caustic-soda department, and Edward Daigle, constitute a unit appropriate for the purpose of collective bargaining and that such unit will insure to employees of the Company the full' benefit of their right to self-organization and to collective bargaining and other- wise will 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. We shall direct that those eligible to vote in the election shall be the employees within the appropriate unit who were employed during the pay-roll period immediately preceding the -date of the Direction of Election herein, subject to the limitations and additions set forth in the Direc- tion. 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 The Solvay Process Company, Baton Rouge, Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All hourly paid production and maintenance employees at the Baton Rouge, Louisiana, plant'of the Company, including laboratory employees, brine-well employees, operators in the chlorine department, Morris, Bridgeman, 21 named construction employees, mill-water and wharfmen, Wade Artigue, Wolsefer, and Edwin Roy, but excluding plant administration men, head operators in lime kiln, watchmen and gatemen on the hourly pay roll, special construction employees tem- porarily employed on large-scale new construction, 7 named hourly paid supervisors, Molaison, William Sims, head operators in caustic- soda department, and Edward Daigle, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 5 See footnote 3, supra. 0 See footnote 2, supra 578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1DIRECTION 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 ordered by the Board to. ascertain representatives for the purposes of collective bargaining with The Solvay Process" Company, Baton Rouge, Louisiana, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regula- tions, among all hourly paid production and maintenance employees at the Baton Rouge plant of the Company who were employed during the pay-roll period immediately preceding the date of this, Direction, including laboratory employees, brine-well employees, operators in the chlorine department, Morris, Bridgeman, 21 named construction employees,' millwater and wharfmen, Wade Artigue, Wolsefer, Edwin Roy, and employees who did not work during such 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 plant administration men, head operators in lime kiln, watchmen and gatemen on the hourly pay roll, special construction employees temporarily employed on large-scale new construction, 7 named hourly paid supervisors,' Molaison, William Sims, head operators in caustic-soda department, Edward Daigle, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Chemical Workers' Union, Local 22609, affiliated with the American Federation of Labor, or by United Mine Workers of America, District 50, affiliated with the Congress of In- dustrial Organizations, for the purposes of collective bargaining, or by neither. 7 See footnote 3, supra 8 See footnote 2, supra