American Carbolite Co., Inc.

In the Matter of AMERICAN CARBOLITE Co., INC. and UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, LOCAL 12079 Case No. R-4383.-Decided November 3,1942 ' Jurisdiction : ferro alloy manufacturing industry. ' Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives ; renewed contract held no bar where substantially entire membership of contracting union had transferred affilia- tion ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of Company's plants, excluding office employees, foremen, assistant foremen, supervisors, executives, timekeepers, and salaried labora- tory employees ; stipulation as to. Mr. Clarence L. Sager, of New York City, for the Company. Mr. Henry Paull, of Duluth, Minn., for the United. Mr. Alfred Kamin, Mr. Harold Moon and Mr. John H. Cook, of St. Paul, Minn., for District 50. . Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Gas, Coke and Chemical Workers of America, Local 12079,1 herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of American Carbolite Co., Inc., Duluth, Minnesota, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before T. Lowry Whittaker, Trial Examiner. Said hearing was held at Duluth, Min- nesota, on October 14, 1942. The Company, the United, and District 50, United Mine Workers of America, herein called District 50, ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence 1 The petition was filed by National Council of Gas Workers of America , Local 12079, but its designation was changed by motion at the hearing. 45 N. L. R. B., No. 53. 335 336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF. THE COMPANY American Carbolite Co., Inc., is a New York corporation with its principal place of business at New York City. We are here con- cerned with its plant at Duluth, Minnesota, where it is engaged in the manufacture of ferro alloys. During the 12 months' period pre- ceding September 1, 1942, the Company purchased raw materials for use at its Duluth plant valued at about $50,000, approximately 90 percent of which was shipped to it from outside Minnesota. During the same period the Company produced about 10,000 tons of finished products at its Duluth plant, approximately 90 percent of which was shipped out of Minnesota. ' II. THE ORGANIZATIONS INVOLVED United Gas, Coke and Chemical Workers of America, Local 12079, is an unaffiliated labor organization, admitting to membership em- ployees of the Company. District 50, United Mine Workers of America, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 11, 1941, the Company and District 50 entered into an exclusive bargaining. contract to run until August 11, 1942. This contract is renewable year to year thereafter unless 30 days' notice, prior' to any annual expiration date, is given by either party thereto. On May 8, 1942, District. 50 and the Company extended the contract to run until` August 11, 1943. On June 8,'1942, a meeting of the employees of the Company, took place, at which time .they adopted a resolution severing their affiliation with District '50 and directed that their charter be returned to District 50. Thereafter, the United submitted a supplemental agreement to the Company which provided that the Company recognize it instead of District 50 as the collec- tive bargaining agent under the August 11, 1941, contract. The Com- pany, thereupon, refused to deal with either District 50 or the United until such time as the Board, determined the appropriate 'bargaining agent of its employees. District 50 contends that its contract is a bar to a present deter- mination of representatives and urges that the petition be dismissed. AMERICAN CARBOLITE CO., INC. 337 The employees have voted to sever their affiliation with District 50 and have surrendered their District 50 charter. In addition, a ma- jority of the employees have apparently indicated their desire to be represented by the United, whereas so far as the record shows, there are no employees seeking to be represented by District 50.2 This case does not involve a contest between rival labor organizations competing for majority representation during the existence of a valid outstanding contract; here substantially the entire membership of District 50, acting upon their own initiative, disbanded the local, surrendered its charter, and affiliated with the United. Under these circumstances, we hold that the contract of August 11, 1941, as renewed, does not constitute a bar to a present determination of representatives.3 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Duluth, Minnesota, plant of the Company, excluding office employees, foremen, assistant foremen, supervisors, executives, timekeepers, and salaried laboratory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.4 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- tion herein, subject to the limitations and additions set forth in the Direction. District 50 requests that it appear on the ballot as "District 50, United Mine Workers of America, Gas, Coke and Chemical Workers Division." The request is hereby granted. 2 A statement of the Regional Director introduced into evidence shows that 93 em- ployees whose names appear on the Company 's pay roll of August 8, 1942 , have signed cards in behalf of the United. These are 114 names on the August 8, 1942 , pay roll. Dis- trict 50 declined to submit any evidence of representation to the Regional Director or the Trial Examiner. 8 See Matter of National Lead Company et at. and National Oouneil of Gas, Coke h Chemical Workers, 45 N L R B 182 ; Matter of lVisconinz Southern Gas Company and National Council of Gas, Coke and Chemical Woikeis of America, 44 N. L R B 311. * This is the same unit that is provided for in the August 11 , 1941, contract between District 50 and the Company. 493508-43-vol. 45-22 338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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,, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby Dnu cTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with American Carbo- lite Co., Inc., Duluth, Minnesota, 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 Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 they desire to be represented by United Gas, Coke and Chemical Workers of America, Local 12079, or by District 50, United Mine Workers of America, Gas, Coke and Chemical Workers Division, for the purposes of collective bargaining, or by neither. CHAIRMAN Mica is took no. part in the consideration of the above Decision and Direction of Election. In the Matter Of ELECTRO METALLURGICAL COMPANY, SUBSTITUTED FOR -AMERICAN CARBOLITE • COMPANY, , INC. and UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, LOCAL 12079 Case No. R-4383 AMENDMENT TO DECISION AND DIRECTION OF ELECTION November 27, 1942 On November '3, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled 'proceed- ing., On November 12, 1942, counsel for the Board and' counsel for the Company entered into a'stipulation reciting that Electro Metallurgical Company had taken over the assets and personnel of American Carbolite Company, Inc., and .providing 'for the substitu- tion of the name Electro Metallurgical Company for that of Ameri- can' Carbolite Company, Inc. The stipulation is hereby approved. The Decision and Direction of Election of November 3, 1942, is hereby amended by' striking therefrom the words "American Carbo- lite Company, Inc." wherever they appear therein and substituting therefor the words "Electro Metallurgical Company." On November 7, 1942, District 50, United Mine Workers of Amer- ica, requested permission to withdraw its name from the ballot. The, request is hereby granted, and, the Direction of Election is accordingly amended by striking therefrom the words "to determine whether they desire to be represented, by United Gas, Coke and Chemical Workers of America, Local 12079, or by District 50, United Mine Workers of America, Local 12079, Gas, Coke and Chemical' Division, for the purposes of collective bargaining, or by neither" and substituting therefor the words "to determine whether or not they desire to be represented by United Gas, Coke and Chemical Worker, of America, Local 12079, for the purposes of collective bargaining." ' 145 N L. R. B. 335. 45 N. L. R. B., No. 53a. 339