Semet-Solvay Co.

In the Matter of SEMET-SOLVAY COMPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-4,969.-Decided March 16, 19113 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question • refusal to recognize the union until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all employees excluding office and supervisory employees, watchmen, and employees who have the authority to'hire and discharge; stipulation as to. Mr. B. B. illannix, of Brooklyn. N. Y., and Mr. George E. Brandon, ,of East Orange, N. J., for the Company. Mr. Andrew A. West, of Huntington, W. Va., and Mr. John Mayo, ,of Charleston, W. Va., for the Union. Mr. Louis Cokin, of counsel to the Board. 'DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE a Upon petition duly filed by District 50, United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Semet-Solvay Company, Ironton, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William E. Shooer, Trial Examiner. Said hearing was held at Ironton, Ohio, on March 5, 1943. The Com- pany and the Union, 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 prejudicial error and are hereby affirmed. 48 N. L. R. B., No. 23. 114 _S'EMET-SOLVAY COMPANY 115 ' Upon the entire record} in the case, the Board makes the following: ii FINDINGS OF FACT 1. THE BUSINESS OF TIIE COMPANY ' Semet=Solvay Company is a New York corporation operating a, 'plant at Ironton, Ohio, where it is engaged in the manufacture and sale of coke and byproducts. Over 50 percent of all raw materials used at the Ironton plant are shipped to it from points outside the State of Ohio and over 30 percent of the finished products are shipped to points outside the State of Ohio. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning ofthe National Labor Relations Act. II. THE ORGANIZATION INVOLVED District 50, United Mine Workers of America, is a labor organza-_ tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During September 1942, the Union Irequested the Company to recog- nize it as the exclusive representative of the employees at the Ironton plant of the Company._ The Company refused this request until such time as the Union is certified by the Board. A statement of the Trial Examiner, read into evidence during the hearing, indicates that the Union represents a substantial number of employees in the unit- hereinafter found to be 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 em- ployees at the Ironton plant of the Company, excluding office and' supervisory employees, watchmen, and employees who have the au- thority to hire and discharge, constitute a unit appropriate for the purposes of collective, bargaining, within the meaning of Section 9 (b) of the Act. 'The Trial Examiner reported that the Union represented 116 membership application cards bearing apparently genuine signatures of poisons whose naives appear on the Com- pany's pay loll of February 28, 1943. There are approximately 277 persons in the appto- priate unit. 521247-43-vol. 48-9 116 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 means of 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 the Direction of Election 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 Nationallabor Relations Act, and 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 representa- tives for the purposes of collective bargaining with Semet-Solvay Company, Ironton, Ohio, an election by secret ballot shall be con- ducted 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 Ninth 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 temporarily 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 or not they desire to be represented by District 50, United Mine Workers of America, for the purposes of collective bargaining. -