St. Joseph Lead Co.

In the Matter of ST. JOSEPH LEAD COMPANY and INTERNATIONAL' UNION OF MINE, MILL AND SMELTER WORKERS, C. 1. O. Case No. R-3781.-Decided May 2x5,19/2 Jurisdiction : lead mining industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board: election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at one of Company's plants, including a certain storeroom employee, the machine-shop lead man, the carpenter-shop lead man, a change-room employee, but excluding officers, clerical employees, office employees, super- visors, guards, watchmen, chemists, all salaried employees, telephone operators, the craftsman's apprentice, weighers, a lead man, and a storeroom clerk. Mr. Parkhurst Sleath, of Bonne Terre, Mo., and Mr. W. E. Moser and Mr. Wallace Cooper, of St. Louis, Mo., for the Company. Mr. Victor B. Harris, of St. Louis, Mo., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by International Union of Mine, Mill and Smelter Workers, C. I. 0., herein called the Union,, alleging that a question affecting commerce had arisen concerning the representation of employees of St. Joseph Lead Com- pany, Herculaneum, Missouri, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Charles K. Hackler, Trial Examiner. Said hearing was held at St. Louis, Missouri, on April 24, 1942. The Com- pany and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the commencement of the hearing the Trial Examiner granted a motion of the Union to amend its amended petition with respect to formal matters. At the close of the hearing, counsel for the Company moved to dismiss the 41 N. L. R. B., No. 53. 236 ST. JOSEPH LEAD COMPANY '237 proceedings. The Trial Examiner reserved his ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing -are free from prejudicial error and are hereby affirmed. On May 11, 1942, the Company, filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY St. Joseph Lead Company is'a New York corporation operating a plant at Herculaneum, Missouri, where it is engaged in the business of mining, milling, smelting, and distributing lead. During 1941, the Herculaneum plant smelted between 80,000 and 90,000 tons of lead, over 90 percent of which was shipped out of Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union of Mine, Mill and, Smelter Workers, is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 17, 1942, the Union, claiming to represent a majority of the Company2s employees, requested the Company to grant it exclusive recognition. On January 22, 1942, the Company denied this request until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence during the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all hourly paid production and maintenance employees at the Herculaneum plant of the Company, excluding I The Regional Director reported that the Union presented 144 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of April 6, 1942 . There are approximately 280 employees in the unit hereinafter found to be appropriate 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD officers, clerical employees, office employees, supervisors,2 - guards, .watchmen, chemists, and all salaried employees, constitute an appro- priate unit. The Company does not object to the classifications of employees the Union desires excluded. However, the parties are in disagreement as to the status ofthe following employees. The-Union urges that all such employees be excluded from the unit and the Company that they be included. Claude Leonard, Jr., Andy Burlage, and Shirley Bryant are classi- fied by the Company as weighers. The Union asked that such em- ployees be excluded from the unit on the ground that they are clerical employees. Leonard, Jr., and Burlage weigh lead, make a clerical record of the weights, seal freight' cars, and forward ,the clerical records to the offices of the Company. They do no manual labor. Bryant weighs all incoming and outgoing freight cars and makes a clerical record of same which is forwarded to the offices. He performs no manual labor. Under the circumstances we shall exclude Leonard, Jr., Burlage, and Bryant from the unit. The Company employs four telephone operators. The Union urges that they be excluded from the unit on the ground that their work is in the nature of that performed by clerical employees and that they are women. These employees work in a building by themselves and are not eligible to membership in the Union. Inasmuch as they per- form substantially different work, we shall exclude the telephone operators from the unit. Cecil Womack is classified by the Company as a storeroom clerk. The Union urges that he be excluded from the unit on the ground that he is a clerical employee. This employee keeps a clerical record of all incoming and outgoing materials in the stockroom and mares a clerical record of the transactions. He does not actually handle the materials except in rare instances. 'Under the circumstances we shall exclude Womack from the unit. James Greenlee works in the storeroom with Womack. The Union urges that Greenlee be excluded from the unit on the ground that he is a clerical employee. It appears that Greenlee actually receives and issues supplies. -He performs no clerical work and in addition to handling supplies is the janitor of the storeroom. We shall include Greenlee in the unit. Martin Ellis is an hourly paid yard employee. The Union urges that he be excluded from the unit on the ground that lie is a super- visory employee. It appears that Ellis is a lead man for a group of laborers and earns approximately $1 more per day than they do. The Company conceded that his duties are substantially similar to those i 2 The parties agree that w T Scaggs, Arthur Scaggs, Albert Nash, and Firmin- Declue should be included in the list of supervisory employees to be excluded from the unit. ST. JOSEPH LEAD COMPANY 239 performed by Albert Nash, who ' was excluded from the unit by agreement of the parties. Under the circumstances, we shall exclude Martin Ellis from the unit. Moody Johnston and Fred Meng are lead men in the machine shop and carpenter shop respectively. The Union urges that they be ex- cluded from the unit on the ground that they are supervisory em- ployees. It appears that because of the experience of these employees they are designated as lead men for groups of employees . They have no authority to recommend the hire, discharge , or discipline of any employees. They are paid on an hourly basis and spend a majority of their time performing manual duties. We shall include Johnston and Meng in the unit. William White is employed in the change room. The Union urges that he be excluded from the unit on the ground that he is a super- visory employee. White dispenses towels, soap , and overalls in the change room and is paid on an hourly basis. He spends practically all his time performing manual duties and has no authority to recom- mend the hire , discharge, or discipline of any other employees. We shall include White in the unit. ' The Company has a position classified as draftsman's apprentice. The Union urges that the employee occupying this position be ex- cluded from the unit on the ground that he performs clerical duties. This employee makes tracings , takes care of plant gas and electric meters, and helps the engineer with measurements . We shall, exclude the draftsman 's apprentice from the unit. We find that all hourly paid production and maintenance employees at the Herculaneum plant of the Company, including James Greenlee, Fred Meng, Moody Johnston, and William White, but excluding officers, clerical employees, office employees , supervisors, guards, watchmen, chemists, all salaried employees, telephone operators, the draftsman 's apprentice , Claude Leonard, Jr., Shirley Bryant, Andy Burlage, Cecil Womack, and Martin Ellis , constitute a unit appro- priate 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of Direction of Election .herein' subject to the limitations and additions set forth in the Direction. 240 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and-Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with St. Joseph Lead Company, Herculaneum, Missouri, 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, tinder 'the direction and super- vision of the Regional Director for the Fourteenth Region, acting in this matter -as agent for the National Labor Relations Board and subject to Article III, Section 9, 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 Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United.States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union of Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. Mr. GERALD D. REILLY took no part in the consideration of the above Decision and Direction of Election. In the Matter of ST. JOSEPH LEAD COMPANY ' and INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, C. I. O. Case No. R-3781 CERTIFICATION OF REPRESENTATIVES June 18, 1942 On May 25, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above`-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on June 3, 1942, under the direction and supervision of the Regional Director for the Fourteenth' Region (St. Louis, Mis- souri). On June 5, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the con- duct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number of ballots cast------------------------------ 252 Number of ballots challenged ----------------------------- 5 Number of blank ballots---------------------------------- 0 Number of void ballots----------------------------------- 0 Total number of valid votes counted----------------------- 247 Number of ballots voted for International Union of Mine, Mill and Smelter Workers (C. I. 0 ) -------------------------- 134 Number of ballots voted against International Union of Mine, Mill and Smelter Workers (C I 0.) ____________________, 113 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended. ' IT IS HEREBY CERTIFIED that International Union of Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organiza- f 1 41 N L R B 236 41 N. L. R. B, No. 53a. 463392-42-vol. 41-16 241 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions, has been designated and selected by a majority of all hourly paid production acid maintenance employees at the Herculaneum, Missouri, plant of St. Joseph Lead Company, including James Greenlee, Fred Meng, Moody Johnston, and William White, but excluding officers, clerical employees, office employees, supervisors, guards, watchmen, chemists, all salaried employees, telephone operators, the draftsman's apprentice, Claude Leonard, Jr., Shirley Bryant, Andy Burlage, Cecil Womack, and Martin Ellis, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, International Union of- Mine, Mill, and Smelter Workers, affiliated with the Congress of Industrial Organizations, is the exclusive rep- resentative of all such employees for the purposes of collective bargain- ing in respect to rates of pay, wages, hours of 'employment, and other conditions of employment.