Donner-Hanna Coke Corp.

In the Matter of DONNER-HANNA COKE CORP. and FEDERAL LABOR UNION #23332, A. F. L. Case No. R-5029.-Decided April 22,1943 O'Brien, Hellings, Ush cC Morey, by Mr. Dana B: Hellings, of Buf- falo, N. Y., for the Company. Mr. Bernard Murphy, of Buffalo, N. Y., for-the Union. Miss Muriel J. Levor, of counsel to the Board. DECISION AND 'DIRECTION OF-ELECTION STATEMENT OF THE CASE Upon petition duly filed by Federal Labor Union #23332, A. F.L., herein called the Union, alleging that a,question affecting commerce had arisen concerning the representation `of employees of Donner- Hanna Coke Corp., Buffalo, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Peter J. Crotty, Trial Examiner. Said hearing was held at Buffalo, New York, on March 12, 1943. The Company 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Donner-Hanna Coke Corp., a New York corporation, is engaged in the manufacture of coke and byproducts such as toluol and benzol, at Buffalo, New York. During the year 1942 the Company used at its Buffalo, New York, plant, raw materials to the approximate value of $2,000,000, of which 90 percent was shipped from points outside the State of New York. During the same period, the Company manu- factured at this same plant finished products to the approximate value 49 N. L. R. B., No. 1. 1 2 DDEICISIONS OF NATIONAL LABOR RELATIONS BOARD of $3,000,000, of which about 10 percent was shipped to points outside the State of New York. The Company concedes for the purposes of this proceeding that it is engaged in commerce within the meaning of the National Labor Relations Act. - II. THE ORGANIZATION INVOLVED Federal Labor Union #23332, is a labor organization affiliated with the American Federation of Labor, admitting to membership 'em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties agreed that on or about February 11, 1943, the Union in a letter to the Company stated that it represented a majority of the Company's guards employed at-its Buffalo, New-York, plant, and re- quested a conference for the purposes of collective bargaining; no re- ply has been received. A statement of the Field Examiner introduced in evidence at the hearing indicates that the Union 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 The Union contends that the guards employed by the Company at its Buffalo, New York, plant, comprise 'an appropriate unit. The Company claims in effect, that plant guards are not an appropriate unit and should not _be permitted to choose a collective bargaining agent since they are in a confidential relationship to the Company and have been sworn as members of the Auxiliary Military Police. We have frequently found that plant' guards hired and paid by em- ployers are employees within the meaning of the Act and may designate a representative for purposes of collective bargaining, even though they are members,of the Auxiliary Military Police.2 Accordingly, the Company's contention is rejected. 11 'The Field Examiner reported that the Union submitted 13 designations , all bearing apparently genuine original signatures which correspond with names on the Company's pay roll of February 18, 1943, containing 15 names - 2 Matter of lvestinghouse Air Brake Company and United Electrical, Radio & Machine B'orkeis of America, Local Xo 610, 42 N L. R. B 525 ; Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Automobile, Aircraft and Agricultural Imple- ment Workers of America, affiliated with the C. I. 0., 44 N . L. R B 881 ; Curtiss-Wright Corporation and Ameilean Federation of Labor, 45 N L. R B. 592. DONNER-HANNA COKE CORP. 3 We find that all guards of the Donner-Hanna Coke'"Corp. employed at its Buffalo, New York, plant, excluding the captain and any super- visory, guards, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the Act. V. THD 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 Election herein, subject to the limitations and additions set forth in the Direc- tion. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National La- bor 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 Rifles 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 Donner-Hanna Coke Corp., Buffalo, New York; 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 of Election, under the direction and supervision of the Regional Director for the Third Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Section 10, of said Rules and Regulations, among all employees of the Company in the unit found appropriate in Sec- tion-IV, above, who were employed during the pay-roll period imme- diately 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 Federal Labor Union #23332, affiliated with the American Feder- ation of Labor, for the purposes of collective bargaining. 531647-43-vol 49--2