Electro Metallurgical Co.

In the Matter of ELECTRO METALLURGICAL COMPANY and LOCAL 89, UNITED GAS , COKE, AND CHEMICAL WORKERS OF AMERICA , C. I. O. Case No. B-5541.-Decided July 3,1943 Mr. Clarence L. Sager, of New York City, for the Company. Mr. Robert C. Edwards, of Huntington, W. Va., for the C. I. O. Mr. E. E. Holly field, Mr. J. Carl Bunch, and Mr. Joe B. Neil, of Charleston, W. Va., for District 50. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 89, United Gas, Coke, and Chem- ical Workers of America, C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Electro Metallurgical Company, Alloy, West Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William I. Shooer, Trial Examiner. Said hearing was held at Charleston, West Virginia, on June 15, 1943. The Company, the C. I. 0., and Local 12089 of Dis- trict 50, Gas, Coke, and Chemical Division, United Mine Workers of America and District 50, United Mine Workers of America, herein collectively called District 50, appeared at and participated in- the hearing, and all parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are-free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Electro Metallurgical Company is a West Virginia corporation with its principal- office at New York City. We are here concerned 51 N. L. R. B., No. 10. 37 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with its plants at Alloy and Glen Ferris, West Virginia, where it is engaged in the manufacture, sale, and distribution of steel alloy. Over 50 percent of all raw materials used by the Company is shipped to it from points outside of the State of West Virginia, and over 96 percent of the products manufactured by the Company is shipped to points outside the State of West Virginia. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Local 89, United Gas, Coke, and Chemical Workers of America, is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. . Local 12089 of District 50, Gas, Coke, and Chemical Division,. United Mine Workers of America and District 50, United Mine Workers of America, are labor organizations admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 1, 1943, the C. I. O. requested recognition as the exclusive collective bargaining representative of the Company's employees.. The Company refused this request on the ground that it was operat- ing under a contract with District 50. On July 7, 1941, District 50 and the Company entered into an ex- clusive contract. On April 27, 1942, the Company and District 50. extended the term of the said agreement to July 7, 1943. The con- tract further provides that it shall renew itself thereafter from year to year unless either party thereto notifies the other of a desire to, terminate not less than 30 days prior to any annual expiration date. Inasmuch as the C. I. O. made its claim upon the Company prior to June 7, 1943, the date upon which the contract would have auto- matically renewed itself, we find that the contract does not consti- tute a bar to a determination of representatives at this time. A statement of a Field Examiner of the Board, introduced into. evidence at the hearing, indicates that the C. I. O. represents a sub- stantial 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. I 'The Field Examiner reported that the C. I. 0. presented 686 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com - pany's pay roll for the period ending June 1, 1943 . There are approximately 1,828 em- ployees in the appropriate unit. District 50 did not present any evidence of representation, but relies upon Its contract as evidence of its intero^t. ELECTRO METAiLLURGIC'AL COMPANY IV. THE APPROPRIATE UNIT 39 We find, in substantial agreement with a stipulation of the parties, that all employees of the Company employed in Fayette County, West Virginia, who are employed on an hourly basis, including head fur- nacemen and head mixmen, but excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, patrolmen, timekeepers, first-aid employees, laboratory employees, and employees in the Alloy Coal Mines, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.2 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. District 50 requests that it appear on the ballot as "District 50, Chemical Division, U. M. W. A." The C. I. O. requests that it appear on the ballot as "Local 89, Gas Workers of America, CIO." The requests are hereby granted. 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 9, 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 Electro Metal- lurgical Company, Alloy, West Virginia, an election by secret ballot ,hall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and super- vision of the Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 2 This is substantially the same unit that is provided for in the contract between District 50 and the Company. 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding any who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by District 50, Chemical Division, U. M. W. A., or by Local 89, Gas Workers of America, CIO, for the purposes of collective bargaining, or by neither.