Minnesota Mining and Manufacturing Co.

In the Matter Of MINNESOTA MINING AND MANUFACTURING Co., EM- PLOYER and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, (C. I. 0.), PETITIONER Case No. 15-31-R-108.-Decided Harch 4,1948 Mr. Lyle H. Fisher, of St. Paul, Minn., and Mr. Ted Neikert, of Little Rock, Ark., for the Employer. Messrs. Ira S. Williams and Lee F. Tucker, both of Little Rock, Ark., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Little Rock, Arkansas, on December 18, 1947, before C. Paul Barker, 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 1 makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Minnesota Mining and Manufacturing Co., which has its main office in St. Paul, Minnesota, has numerous plants engaged in the min- ing, crushing and preparation of rock. The only plant here involved is the one at Little Rock, Arkansas, which produces roofing .gran- ules. Ninety-five percent of the plant's production, which is valued at more than $150,000 monthly, is sold outside of Arkansas. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 'Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case a three-man panel consisting of the undersigned Board Members [Chairman Herzog and Members Reynolds and Murdock]. 76 N. L. R. B., No. 89. 568 MINNESOTA MINING AND MANUFACTURING CO . 569 H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION 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. The company contends that the Board has no jurisdiction to order an election at this plant until the Board checks the accuracy of the showing of representation. The hearing officer reserved decision on the objection for the Board. As the Board's authority to conduct an investigation under Section 9 (c) of the Act is in no manner depend- ent upon the petitioner's showing of prima facie representative in- terest, we overrule the company's objection. Matter of O. D. Jen- nings t Co., 68 N. L. R. B. 516. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, 'in substantial accord with the agreement of the parties, that all production and maintenance employees at the Employer's Little Rock plant, including all transportation employees, but exclud- ing all office and clerical employees, all chemists and inspectors in the laboratory, and all supervisors as defined in Section 2 (11) of the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Minnesota Mining and Manu- facturing Co., Little Rock, Arkansas, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direction and, supervision of the Regional Director for the Fifteenth Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series 5, 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 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Direction, including employees who did not work during said pay- roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by United Gas, Coke & Chemical Workers of America (C. I. 0.), for the purposes of collective bargaining.