Blue Belt Fertilizer Co.

In the Matter of BLUE BELT FERTILIZER COMPANY, EMPLOYER and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS (CIO), PETITIONER Case No. 10-R-.168.-Decided January 27, 1947 Messrs. C. B. Smith and C. W. Smnith, of Savannah, Ga., for the Employer. Mr. C. H. Wilson, of Savannah, Ga., for the Petitioner. ilr. George Peeler, of Birmingham, Ala., and Mr. P. A. Meyers, Sr., of Savannah, Ga., for the Intervenor. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Savannah, Georgia, on October 9, 1946, before Charles M. Paschal, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS or FACT 1. THE BUSINESS OF THE EMPLOYER Blue Belt Fertilizer Company is engaged in the mixing, sale, and distribution of finished fertilizers. During the past year the Em- ployer purchased in excess of $250,000 worth of raw materials, of which approximately 50 percent represented shipments from points outside the State of Georgia. During the same period, the Employer sold in excess of $250,000 worth of finished products, approximately 3 percent of which was shipped to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. TIIE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 72 N. L. 11. 1;., No 54 283 284 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD District 50, United Mine Workers of America, herein called the Inter- venor, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENT\TION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree and we find that all employees of the Employer's Savannah, Georgia, plant, excluding office and plant clerical employees, sales employees, executives, superintendents, foremen, and all other supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a unit 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 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 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Blue Belt Fertilizer Company, Savannah, Georgia, 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- ' Because of the date of this Decision and Direction of Election , the issue raised by the parties concerning the appropriate time for holding an election has become moot And we perceive no valid reason to depart from our customary practice of designating it current pay -roll period to determine voting eligibility BLUE BELT FERTILIZER COMPANY 285 Series 4, 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 those employees 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 Interna- tional Union of Mine, Mill & Smelter Workers (CIO), or by District 50, United Mine Workers of America (AFL), for the purposes of col- lective bargaining, or by neither.