International Minerals and Chemical Corp.

In-the Mattei Of INTERNATIONAL MINERALS AND CHEMICAL CORPORA- TION and INTERNATIONAL UNION OF MINE , MILL AND SMELTER WORKERS, C. I O. Case No. 16-R-1234.-Decided June 21, 1945 Mr. Neil 0. McKim, of Carlsbad, N. Mex., for the Company. Mr. Orville Larson, of Globe, Ariz., and Mr. C. D. Smothermon, of Carlsbad, N. Mex., for the CIO. ,. Mr. A. E. Edwards, of Oklahoma City, Okla., and Mr. L. S Rillos, of Carlsbad, N. Mex., for the Electrical Workers. Mr. R. H. Miller, of San Diego, Calif., for the Machinists. Messrs. George L. Reese and B. B. Gobble, of Carlsbad, N Mex., for the Chemical Workers. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union of Mine, Mill and Smelter Workers, CIO, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employ- ees of International Minerals and Chemical Corporation, Carlsbad, New Mexico, the National Labor Relations Board provided for an appropriate hearing upon due notice before William J. Scott, Trial Examiner. Said hearing was. held at Carlsbad, New Mexico, on April 28, 1945. The Com- pany, the CIO, International Brotherhood of Electrical Workers, Local No. 643, herein called the Electrical Workers, International Association of Machinists, herein called the Machinists, and International Chemical Workers Union, Local 158, herein called the Chemical Workers, appeared and participated. All parties were afforded an 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. All parties were afforded opportunity to file briefs with the Board. 62 N. L. R. B., No 86 655 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY International Minerals and Chemical Corporation, a New York corpora- tion, is engaged exclusively in the mining, refining, and selling of potash, minerals, and chemicals. The only mining operations concerned in the present proceeding are those affecting its mine located approximately 25 miles southeast of Carlsbad, New Mexico, where the Company employs approximately 600 employees. The Company produces annually at this mine potash exceedini $5,000,000 in value, all of which is shipped to points outside the State of New Mexico. Practically all the material and equipment used by the Company in its Carlsbad operations is obtained from sources outside the State of New Mexico. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union of Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, is a labia organization, admit- ting to membership employees of the Company. International Brotherhood of Electrical Workers, Local No. 643; Inter- national Association of Machinists f and International Chemical Workers Union, Local 158, affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 19, 1945, the CIO addressed a letter to the Company claiming majority representation and requesting recognition as bargaining representative of the Company's employees. The Company declined to bargain with the CIO until and unless certified by the Board: The statement of a Field Examiner for the Board, introduced into evidence at the hearing, indicates that the CIO represents a substantial number of employees of the Company in the unit hereinafter found appro- priate.' We find that a question affecting commerce has arisen concerning the 1 The Field Examiner reported that the CIO had submitted 299 authorization cards , of which 246 checked with the Company's pay roll of April 9, 1945 . There are 498 names on the pay roll in the unit proposed by the CIO, which unit is substantially the same as that sought by the Chemical Workers. The latter submitted no authorization cards, but relied upon its position as successor to an AFL federal union which , until recently, has had a series of contracts with the Company, extending over a number of years. We find, contrary to the contention of the -CIO, that the Chemical Workers has presented sufficient evidence of its interest in the proceeding to entitle it to a place on the ballot. INTERNATIONAL MINERALS AND CHEMICAL CORPORATION 657 representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The CIO and the intervening Chemical Workers are in substantial agreement' and contend that the appropriate unit should consist of all production and maintenance employees at the Company's Carlsbad opera- tions, excluding supervisors, technical employees, office employees, guards, and watchmen, lunchroom employees, temporary employees, and all sal- aried employees earning over $200 a month, in accordance with the unit established by a 4-year history of collective bargaining' between the Company and an AFL federal union, which has been succeeded by the Chemical Workers.' The Electrical Workers and the Machinists, in-oppo- sition to the CIO and the Chemical Workers, seek separate units which are semi-craft in character. The Electrical Workers urges a unit consisting of all employees of the electrical department and all employees of the power plant, comprising operating foremen, repair boss operators, me- chanics, centrifugemen, firemen, pumpers, oilers, temporary oilers, clean-up men, and all electrical subforemen, electricians, apprentice helpers, helpers and apprentices, but excluding all supervisory employees. The Machinists seeks a unit consisting of all employees in the machine shop and the mechanical maintenance department, including, other than electricians, all skilled journeymen of various maintenance crafts comprising machin- ists, carpenters, painters, pipe fitters, blacksmiths, welders, dragline oper- ators, caterpillar operators, automobile mechanics, and steel workers. Both the CIO and the Chemical Workers oppose the creation of separate units for the Machinists and the Electrical Workers upon the ground that the history of collective bargaining has established the plant-wide unit as the only unit appropriate for the purposes of collective bargaining. The record indicates that the entire history of collective bargaining of the Company with respect to its Carlsbad operations has been upon a plant-wide basis including all the employees sought to be represented by the Electrical Workers and the Machinists.' During this period, neither the Electrical Workers nor the Machinists has attempted to obtain recog- nition from the Company for separate units of craft employees. While the Company has had informal meetings with one or two members from the machinists' and electricians' groups, it has never settled a grievance with 2 The only dispute between the CIO and the Chemical Workers relates to certain subforemen, hereinafter considered , whom the CIO would exclude and the Chemical Workers include within the group which both organizations urge as the appropriate unit 'The last in a series of collective bargaining agreements expired May 31, 1945 'The Chemical Workers has succeeded the federal union through merger proceedings effected at the request of the American Federation of Labor. 5In its plant -wide contracts , the Company has generally accorded the same wage scale to all craft employees of the same degree of skill regardless of craft affiliations , and has never asked the CIO for separate authorizations from the craft groups involved herein. 658 DECISIONS OF NATIONAL LABOR RELATION' BOARD any committee other than the grievance committee of the contracting labor organization which has functioned without regard to craft distinctions. There is no evidence that the craft employees herein concerned have ever protested inclusion in the plant-wide unit or have sought to withdraw from participation therein. Thus, there is nothing to indicate that the employees of either craft have retained their identity or attempted to function as craft .groups during the period covered by the history of cgllective bargaining 'Under the circumstances, we are of the opinion that the history of collec- tive bargaining on a plant-wide basis is controlling with respect to the type of unit appropriate in the present instance.' In addition thereto, it appears that the units proposed by the Electrical Workers and the Machin- ists are in large part heterogeneous groups without distinct departmental or craft characteristics and include either unskilled employees or employees belonging to crafts under the recognized jurisdiction of other craft labor' organizations. Accordingly, we find such units inappropriate and shall include the members thereof within the plant-wide unit hereinafter found appropriate There remains for consideration the question of including or excluding subforemen from the production and maintenance group. The CIO, in opposition-lo the other organizations, would exclude 10 named subfore- men upon the ground that they exercise supervisory authority over the 8 to 15 employees under their respective supervision. While it appears that these employees are working foremen and have approximately the same working conditions as the other employees, there is undisputed tes- timony on the part of the Company's personnel manager that subforemen have the right to recommend discharges, which recommendations are given considerable weight by higher company officials. Under the circumstances, we find that subforemen are supervisory employees within the meaning of our usual definition. We shall, accordingly, exclude them from the unit hereinafter found appropriate. We find that all production and maintenance employees of the Company .employed at its Carlsbad, New Mexico, operations, excluding subforemen and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise .effect changes in the status of employees or effectively recommend such action, technical employees, office employ- ees, guards and watchmen, lunchroom employees, temporary employees, and all salaried employees earning over $200 per month, constitute a unit 6 In the case of the Electrical Workers, it would appear that the members of this organization have clearly acquiesced in the plant-wide unit as indicated by the fact that a representative of the Electrical Workers aided in the negotiation of. the last plant-wide agreement which was subsequently' signed by such representative. ° See Matter of American Can Company, 13 N. L. R. B. 1252; Matter of The Proctor &- Gamble Company, 52 N. L. R. B. 661; Matter of Harnischfeger Corporation, SS N. L.. R. B. 909 ; Matter of York Corporation, 61 N. L. R. B. 462. 8 See Matter of Kaiser Industries, 61 N. L. R. B. 682, and cases cited therein. INTERNATIONAL MINERALS AND CHEMICAL CORPORATION 659 appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. The CIO asks to be designated on the ballot as "International Union of Mine, Mill and Smelter Workers, CIO, for itself and on behalf of its local union, Union 415." Since it appears that a certification in such. terms might be ambiguous, the request is hereby denied! We shall designate the CIO as "International Union of Mine, Mill and Smelter Workers, Local Union 415, CIO." The request of the Chemical Workers to be desig- nated on the ballot as "International Chemical Workers Union, Local No. 158, A. F. of L.," is hereby granted. 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 Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with International Minerals and Chemical Corporation, Carlsbad, New Mexico, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of the Direction , under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board , and subject to Article III, Sec- tions 10 and 11, 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 Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation , or temporarly laid off , and including employees in the armed forces of the United States who present them- selves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by International Union of Mine, Mill and Smelter Workers, Local Union 415, CIO, or by International ' Chemical Workers Union, Local No. 158, A. F. of L., for the purposes of collective bargaining , or by neither. 9 See Matter of Ball Brothers Company , 54 N. L. R. B. 1512 at 1517.