Mutual Fertilizer Co.

In the Matter Of MUTUAL FERTILIZER COMPANY, EMPLOYER and IN- TERNATIONAL UNION OF MINE, MILL R, SMELTER- WORKERS (CIO), PETITIONER Case No. 10-R-2021.--Decided February 10, 1947 Messrs. Henry M. Dunn and E. G. Hunter, of Savannah, Ga., for the Employer. Mr. C. H. Wilson, of Savannah, Ga., for the Petitioner. Mr. David C. Buohalter, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Savan- nah, Georgia, on September 17, 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 OF FACT I. THE BUSINESS OF THE EMPLOYER Mutual Fertilizer Company, a Georgia corporation with its plant and offices located in Savannah, Georgia, is engaged in the manufac- ture, sale and distribution of superphosphate and commercial ferti- lizer. During the year preceding the hearing, the Employer pur- chased for use at this plant, raw materials valued in excess of $500,000, of which 90 percent represented shipments to it from points outside the State of Georgia. During the same period, the Employer sold finished products worth in excess of $500,000, of which 25 percent represented shipments 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. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 72 N. L R. B, No. 91. 500 MUTUAL FERTILIZER COMPANY 501 III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer on the grounds that it did not know whether the Petitioner represented a majority of its employees and that the employees in the unit at the time the request was made did not constitute a representative group. 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 Petitioner seeks a unit of all employees of the Employer at its Savannah, Georgia, plant including watchmen but excluding execu- tives, sales and office personnel, plant clericals, and supervisory em- ployees. The Employer agrees generally with the proposed unit except that it would exclude the watchmen sought to be included. The Employer's three watchmen are on duty when the plant is not in operation; one works a shift from 6:00 p. in. to midnight; another, from midnight to 7 :00 a. in.; and the third for 10 hours on Sundays only. Their duties consist of making hourly rounds of the premises to protect the Employer's property against fire, theft and trespass. Al- though they are armed, they are not deputized and possess no moni- torial functions. Like the other employees in the unit, the watchmen are under the supervision of the plant superintendent, are hourly paid, and enjoy other similar conditions of employment. On the basis of the entire record and in view of our practice of including employees such as these in units of production and maintenance employees, we shall include the watchmen in the unit hereinafter found appropriate In accordance with the agreement of the parties and our foregoing determination we find that all employees of the Employer at its Savannah, Georgia, plant, including watchmen but excluding execu- tives, sales and office personnel, plant clericals, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees , or effectively 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 The record shows that the Employer maintains a force of approxi- mately 25 production and maintenance employees on a year round I Matter of The Chase-Shawmut Company, 71 N L . R B. 610 ; Matter of Domestic Engine and Pump Company, 70 N L. R B 1263 ; Matter of Cameron Machine Company, 67 N. L. R. B. 1066. 502 DECISIONS Or' NATIONAL LABOR RELATIONS BOARD basis. During its busy season, which extends from October to May each year, the employee complement increases gradually, reaching a peak in February of approximately 100, and thereafter decreases gradually until the normal complement is attained' again in May.2 During the busy season all employees spend approximately full time on production, whereas during the "off" season, the employees retained spend 75 percent of their time on maintenance and repair, and 25 percent on production. Although the year round employees are more experienced than the seasonal- employees, and are usually assigned the more skilled jobs, the Employer makes no other distinction between them, either in the work they perform or the records it keeps. They are all hired under the same terms of employment as prospective permanent employees, receive the same rate of pay as others in their respective classifications, work the same number of hours, under the same working conditions and the same supervision and are all listed on the same pay roll with- -out differentiation between a so-called seasonal employee and a regu- lar one. The Employer does not maintain any reemployment or seniority list with respect to the seasonal workers and does not notify them individually when to return to work, but it does notify a small number of group leaders to return and bring a crew of workers with them. In normal times approximately 75 percent of the seasonal workers return each year for the busy season. The Employer and the Petitioner are in accord that the seasonal employees have a sufficient community of interest with the'other employees to be eligible to vote in the election. In accordance with that agreement, and on the basis of the entire record, we shall permit the seasonal employees to vote in the election hereinafter directed. At the hearing, however, the parties were in dispute with respect to the time for holding an election, the Employer urging postpone- ment thereof until its plant was in full production with a full com- plement of employees, and the Petitioner requesting an immediate election. Under all the circumstances, we find that an election in the immediate future is appropriate. It is clear that as of the data of the issuance of this decision and direction, the Employer will have been in its busy season for approximately 4 months, with its peak in personnel complement virtually attained, and that a representative vote can be had. We shall therefore direct that the question concern- ing representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. 2 The number of employees on the Employer's pay roll for the first week of each month of the preceding busy season was as follows • For the week ending October 5, 1945-53; November 2, 1945-56; December 7, 1945-54, January 4, 1946-61 ; February 1, 1946- 95; March 1, 1946-100; April 5, 1946-61 ; May 3, 1946-52 and June 7, 1946-25. MUTUAL FERTILIZER COMPANY DIRECTION OF ELECTION 503 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Mutual 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- Series 4, and to our determination in Section V, supra, 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 before the date of the election, to determine whether or not they desire to be represented by International Union of Mine, Mill & Smelter Workers (CIO), for the puruoses of collective bargaining.