Semet-Solvay Co.

In the Matter of SEMET-SOLVAY COMPANY and DISTRIOT 50, UNITED MINE WORKERS OF AMERICA Case No. R-4707.-Decided January 05,1943 Jurisdiction: -coke and coke by-products manufacturing industry. Investigation and Certification of Representatives : existence of question: stip- ulation as to ; renewal agreement containing no reference to 60-day defeasance clause in original contract held to have renewed such clause and thus con- stituted no bar to' a present determination of representatives ; election necessary. Unit Appropriate for Collective Bargaining : all hourly rated production and maintenance employees at one plant of company, including shipping and receiv- ing employees and watchmen, but excluding supervisory and clerical employees ; stipulation as to. Mr. Rockwell T. Gust, of Detroit, Mich., for the Company. Mr. James M. Scanlon, of Detroit, Mich', for the U. M. W. A. Mr. Thomas J. Brown, of Detroit, Mich., for the Association. Mr. Seymour J. Spelman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE ' Upon petition duly filed by District 50, United Mine Workers of America, herein called the U. M. W. A., alleging that a question affect- ing commerce had arisen concerning the representation of employees of Semet-Solvay Company, Detroit, Michigan, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Max Rotenberg, Trial Examiner: Said hearing was held at Detroit, Michigan, on December 29, 1942. The Company, the U. M. W. A., and Detroit Coke Oven Employees Asso ciation, herein called the Association, 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 Trial Examiner's rulings made at'the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : 47 N. L. R. B., No 3 , 513024--43-vol 47-2 • 17 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Semet-Solvay Company, a New ,York 'corporation, is engaged in the manufacture of coke and coke byproducts at various plants. located in New York, Alabama, and Michigan. Only the Company's plant at Detroit, Michigan, is involved in this proceeding. During the 11 months next preceding December 29, 1942, the Company purchased approximately 500,000 tons of coal for use at its Detroit plant, all of which was obtained from sources outside the State of Michigan. • Dur- ing the same period, the Company produced more than 500,000 tons of coke, more than 30 percent of which was shipped to places outside the State of Michigan. The Company concedes that- it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED District. 50, United Mine Workers of America is a labor organization admitting to membership, employees of the Company. Detroit Coke Oven Employees Association is a labor organization admitting to membership employees of the Company. - III. THE QUESTION-CONCERNING REPRESENTATION The parties stipulated that the U. M. W. A.,-prior to the filing of the petition herein, requested recognition as exclusive bargaining agent for the production and maintenance employees at the Company's plant in Detroit, Michigan,, and that' the Company refused to grant said recognition. - The Association contends that its present contract 'with the Com- pany, covering the same employees now sought to be-represented by the U. M. W. A., operates as a bar to this proceeding. On May 19, 1941, the Company and the Association entered into a collective bar- gaining agreement covering production and maintenance employees and providing for a 1-year term, subject to defeasance at any time 'on 60 days' notice by either party.. On March 11, 1942, 2 months prior to the expiration date of the May 19, 1941, contract, the parties exe- cuted an "Amendment to and Extension of Collective Bargaining Agreement," providing for extension of the May 1941 agreement to May 1943, with amendments relating to wages and grievance proce- dure. In renewing the 1941 contract, except as amended, the exten- sion agreement contained no reference to the clause providing for termination at any time on 60 days' notice. Thus, the present agree- ment, although providing for a basic 1-year period, renewed said clause and is defeasible at any time on 60 days' notice. We, there- SEMET-SOLVAY COMPANY 19 fore, find,that the contract constitutes no bar to a present determina= tion of representatives '.1 A statement ,of the Regional Director, introduced in evidence at the hearing, indicates that the U. M. W. A. represents a substantial number of employees in the unit hereinafter found appropriate.' 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 Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that' all hourly rated production and maintenance employees at the Company's plant in Detroit, Michigan, including shipping ^ and receiving em- ployees, and watchmen, but excluding supervisory- and clerical em- ployees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.3 V. TIIE DETERMINATION OF REPRESENTATIVES The U. M. W. A. suggests that only employees who have had at least 30 days service with the Company should be eligible -to vote. However, since no evidence in support of this suggestion was offered, we see no reason for imposing this limitation on eligibility. Accord- ingly, we shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees'in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion herein, 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 Relations Act, grid pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Semet-Solvay Company, Detroit; Michigan, an election by secret ballot shall be con- 3 See Matter of Guistina Brothers Lumber Company and International Woodworlcers of America, Local Union No 5-246, CIO, 41 N. L R. B. 1243 2 The Regional Director stated that the U M. W. A submitted 167 membership cards, all bearing apparently ' genuine signatures or handprinted names ; of these , 149 bore the names of persons listed on the Company's pay roll of December 24, 1942, which pay roll lists 243 employees in the unit hereinafter found appropriate ; several cards submitted were duplicates. I S This unit is substantially the same as that provided for in the contract with the Association. 20 - DECISIONS OF NATIONAL LABOR - RELATIONS BOARD ducted as- early as possible, but not later' than' thirty (30) days from the date of this Direction of Election, under the direction 'and super- vision of the Regional Director for the Seventh 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 employees-who did not work during said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have ^ since quit or been discharged for cause, to determine whether they desire to be represented by District 50, United Mine Workers of America, or by Detroit Coke Oven Em- ployees Association, for the purposes of collective bargaining, or by neither. -