Virginia-Carolina Chemical Corp.

In the Matter of VIRGINIA-CAROLINA CHEMICAL CORPORATION, EM- PIAYER and INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS (CIO), PETITIONER Case No. 10-R-202-0.-Decided February 10, 1947 Mr. W. A. Lewis, of Richmond, Va., and Mr. J. T. Meadows, of Savannah, Ga., for the Employer. Mr. Charles H. Wilson, of Savannah, Ga., for the Petitioner. Mr. George Peeler, of Birmingham, Ala., for the Intervenor. Mr. Jack J. Mantel, of eolxlasel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Savannah, Georgia, on September 18, 1946, before Charles M. Paschal, Jr., hear- ing 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 Virginia-Carolina Chemical Corporation is a Virginia corporation having its principal office and place of business in Richmond, Virginia. It operates plants in various Eastern and Southeastern States, includ- ing a plant at Savannah, Georgia, where it is engaged in the manu- facture and distribution of superphosphate, sulphuric acid, and mixed fertilizers. The Savannah, Georgia, plant is the only one involved in this proceeding. During the year 1945, the Employer purchased approximately $400,000 worth of raw materials, consisting of sulphur, phosphate rock, potash, organic and synthetic nitrates, approximately 98 percent of which was shipped to its Savannah plant from points outside the State of Georgia. During the same period, the Employer sold in excess of $400,000 worth of finished products, of which 33 percent was shipped to points outside the State. 72 N. L. R. B., No. 02. 504 VIRGINIA-CAROLINA CHEMICAL CORPORATION 505 The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. United Mine Workers of America, District #50, herein called the Intervenor, is a labor organization affiliated with the American Federa- tion of Labor, claiming to represent employees of the Employer. C III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner or the Intervenor as the exclusive bargaining representative of employees of the Em- ployer until the Petitioner or the Intervenor 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 are in agreement that all employees of the Employer regularly employed at its Savannah, Georgia, plant, excluding sales office employees, factory office and clerical employees, timekeeper, super- intendent, foremen, and assistant foremen, constitute an appropriate unit. They are in dispute, however, with respect to watchmen and an engineer, whom the Employer and the Petitioner would exclude from the unit, and the Intervenor would include therein. - The Employer has three watchmen whose duties are to protect the Employer's property from fire, theft, and trespass. They also report employees who are found neglecting their work. Although the watch- men are not on duty during the shift when a majority of the employees work, they are on duty throughout the two remaining shifts which employ approximately 20 percent of all the employees at the plant. Inasmuch as the duties of the watchmen are monitorial in nature, we shall exclude them from the unit hereinafter found appropriate.' The record is clear that the engineer is a supervisory employee within the Board's customary definition thereof. He is responsible for all maintenance and construction work at the plant, and supervises a group I See Matter of Volney Felt Mills, Incorporated, 71 N. L. R B 386; and Matter of The Duff-Norton Manufacturing Company, 68 N L R. B 46 Cf Matter of Mutual Fertilizer Company, 72 N L. R. B. 500, decided this day, wherein the Board included watchmen in a similar unit for the reason that they performed no monitorial functions. 506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of from six to eight employees whom he has the authority to hire and discharge. We shall therefore exclude the engineer. We find that all employees of the Employer regularly employed at its Savannah, Georgia, plant, excluding watchmen, sales office em- ployees, factory office and clerical employees, timekeeper, superintend- ent, foremen, assistant foremen, engineer, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 quest,on concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. The parties agree that all seasonal workers shall be eligible to vote. At the hearing, however, the Intervenor contended that no election should be held at that time because the Employer was ex- periencing its off-season. The Petitioner objected to the Intervenor's position, contending that a postponement of the election was unneces- sary inasmuch as a representative complement of workers was then employed. The Employer took no position on the issue. Inasmuch as the Employer's peak season begins in December and runs through the following March, the basis for the Intervenor's requested postpone- ment no longer exists. Accordingly, we shall direct that an election be held within the customary 30 days from the date of our Direction herein. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Virginia-Carolina Chemical Corporation, 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 Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found ap- propriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including seasonal employees and 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 VIRGINIA-CAROLINA CHEMICAL CORPORATION 507 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 or not they desire to be represented by Inter- national Union of Mine, Mill and Smelter Workers (CIO), for the purposes of collective bargaining. 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