International Agricultural Corp.

In the Matter Of INTERNATIONAL AGRICULTURAL CORPORATION (ROCK DEPARTMENT, COLUMBIA) TENNESSEE) and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS Case No. R-1911.-Decided July 16, 1940 Jurisdiction : phosphate rock mining and marketing industry Investigation and Certification of Representatives : existence of question: dis- pute as to appropriate unit; employer refuses to accord full recognition to union; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of the Company at its Mount Pleasant and Wales rock-phosphate plant, excluding supervisory, clerical and technical employees, chemists and engineers, and excluding the employees at the Company's Wales fertilizer plant. ITlr. William Waller and Mr. D. L. Lansden, of Nashville, Tenn., and Illr. A. E. Clagett, of Columbia, Tenn., for the Company. Mr. Pan D. Jones, of Denver, Colo., for the Union. llr. Williams Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TI] E CASE On April 1, 1940, International Union of Mine, Mill & Smelter Workers, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Geor(yia) a petition, and on June 11, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of Interna- tional Agricultural Corporation, Rock Department, Columbia, Ten- nessee, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On May 31, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regula- tions-Series 2, as( amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropri- ate hearing upon due notice. 25 N L R B, No 61. 498 INTERNATIONAL AGRICULTURAL CORPORATION '499 On June 11, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. - Pursuant to notice a hearing was held on June 20, 1940, at Columbia, Tennessee, before William E. Spencer, the Trial Examiner duly designated by the Board. The Company was represented by counsel and by a representative, and the Union by a representative; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner ruled upon several motions and objec- tions to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On June 28, 1940, the Company filed a brief, which, among other things, requests the Board to dismiss the petition herein. The Board has considered this brief and In view of the decision below denies the motion to dismiss the petition. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY International Agricultural Corporation is a New York corpora- tion having an office at Columbia, Tennessee. The Company owns and operates 23 fertilizer plants, is financially interested in 7 other fertilizer plants, and owns and operates 3 rock-phosphate plants located respectively at Wales; Tennessee, Mount Pleasant, Tennessee, and Mulberry, Florida. The present proceeding involves only the rock-phosphate plants at Mount Pleasant and Wales. At the Mount Pleasant and Wales plants the Company is engaged in the mining of phosphate rock and in the preparation of such rock for marketing. During the Company's fiscal year preceding this hearing approximately one-half of the supplies and machinery pur- chased by it for use in each of the plants was purchased outside the State of Tennessee. During the same period the Company obtained all of its coal for use in the Mount Pleasant plant, and a substantial portion of its coal for use at the Wales plant, from the State of Ken- tucky. The Mount Pleasant plant produces annually about 115,000 tons of phosphate rock, and the Wales plant produces annually about 95,000 tons of phosphate rock. Fifty, thousand tons of the rock pro- duced at the Wales plant is lump rock, and 45,000 tons is ground rock. The products of the Mount Pleasant plant have a sales value of be- tween $450,000 and $500,000. The Wales products have a sales value of approximately $400,000 to $450,000. About 70 per cent of the phos- 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD phate rock produced at Mount Pleasant and about 25 per cent of the lump rock and 80.per cent of the ground rock produced at Wales, are sold and shipped to points outside the State of Tennessee. About 75 per cent of the lump rock produced at the Wales plant is used in the making of fertilizer at the Company's Wales fertilizer plant.' The Mount Pleasant plant employs about 250 persons and the Wales plant employs about 200 persons. At the hearing the Company stipulated that it is engaged in inter- state commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED International Union of Mine, Mill & Smelter Workers is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company, excluding clerical and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION In February or March 1940 P. C. Brainard, international repre- sentative of the Union, requested the Company to bargain with the Union as the exclusive representative in a unit consisting of the produc- tion and maintenance employees at the Company's two plants involved in this proceeding. The Company has refused to meet or bargain with the Union on the basis of this proposed unit, and has refused to accord to the Union recognition as the exclusive bargaining agent of such a unit. The Company contends that the unit claimed by the Union is inappropriate. The Company also questions the claim of the Union to representation of a majority of the Company's employees. At the hearing the Company and the Union stipulated that a ques- tion concerning representation has arisen. We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and l For a more detailed exposition of the Company 's business , see Matter of Interna- tional Agricultural Corporation, Wales, Tennessee plant and International Union of Mine, Mill & Smelter Workers, etc., 16 N. L. R. B 176. INTERNATIONAL AGRICULTURAL CORPORATION 501- tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that a unit consisting of the production and maintenance employees at the Mount Pleasant and Wales rock-phos- phate plants , excluding supervisory, clerical, and technical employees, chemists and engineers, and excluding also all employees at the Com- pany's fertilizer plant at Wales, Tennessee, is appropriate . The Com- pany -does not disagree with the requested inclusions of production' and maintenance employees and agrees to the exclusions . The Com- pany contends, however, that employees at each of the above plants constitute a separate appropriate unit, and that the unit consisting of the employees at both of these plants is inappropriate . It does not appear that any labor organization or group of employees opposes the Union's request for a unit comprising both plants. The plants are between 30 and 40 miles apart. The operations at each are in the main similar . Each plant mines, washes, and dries rock phosphate and ships it to purchasers . At the Wales plant a portion of the rock phosphate mined by it is also subjected to g"rind-• ing. Each plant has its own supervisory personnel who have, the power to hire and discharge employees at their respective plants. A. E. Clagett is the assistant manager of the Company with juris- diction and supervision over both plants. His office is located at Columbia, Tennessee. Orders for the products of the two plants are received at the Columbia office from the Company's New York office. In collective bargaining negotiations between the Company and the Union at both plants Clagett or highar officials of the Company repre- sent the Company. The Union has chartered separate locals and has members at each of the plants. Apparently on several occasions in the past, the'Mount Pleasant local and the Union have negotiated with the Company on behalf of the Mount Pleasant employees, and on at least one occasion in the past, the Wales local and the Union bargained with the Company on behalf o F the Wales employees. At recent negotiations between the Union and the Company, in February or March 1940, the Union at- tempted without success to negotiate a collective bargaining agreement. The Company has no such agreement with the Union or any'other labor organization, nor has it ever had such an agreement. Since the employees at both plants perform generally similar work, negotiations on behalf of the Company in respect to both plants are conducted by the same official , the Union has organized - among and represented employees at both plants , and no labor organization or 283036-42-vol. 25-33 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD group of employees appears to oppose its request, we see no reason for denying its petition for a unit comprising both plants. We find that all production and maintenance employees of the Company at its Mount Pleasant and Wales rock-phosphate plants, ex- cluding supervisory , clerical, and technical employees , chemists and engineers; and excluding the employees at the Company's Wales fer- tilizer plant, constitute a unit appropriate for the purposes of collec- tive bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATI\ES At the hearing the Trial Examiner introduced in evidence a state- ment of the Regional Director to the effect that the Union had sub- mitted to him 256 authorization cards signed by employees of the Company in support of the Union's claim that it represents a major- ity of the employees, that the signatures appeared to him to be gen- uine original signatures, and that' 21:3 of these°signatures,are those of persons whose names appear on the Company's pay roll for March 21, 1940. The exact number of employees within the appropriate unit is not shown by the record. We find that the question concerning representation'can be best resolved by means of an election by secret ballot and we shall direct the holding of such an election. The Company and the Union stipulated at the hearing that in the event the Board orders such an election, the pay, roll for the period immediately preceding the date of the Decision and Direction of Election shall be used as a basis for determining eligibility to par- ticipate in the election. We shall direct that the employees within the appropriate unit whose names appear on the pay roll for the period immediately preceding the date of this Decision and Direction of Election, including employees within the appropriate unit who did not work during such pay-roll period because they were ill or on vacation and employees who during such pay-roll period were or have' since been temporarily laid off' and excluding employees who have since quit or been discharged for cause, shall be eligible to vote in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of International Agricultural Corporation. Rock Department. Columbia, Tennessee, within the meaning of Sec- INTERNATIONAL AGRICULTURAL CORPORATION 503 tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the production and maintenance employees of the Company at the Mount Pleasant and Wales rock-phosphate plants, excluding supervisory, clerical and technical employees, chemists and engineers, and excluding the employees at the Company's Wales fertilizer plant, constitute a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Rela- tions Act. 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining 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 of Election, under the direction and supervision of the Regional Director for the Tenth Region, acting in the matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Riles and Regulations, among all production and maintenance employees of International Agricultural Corporation, Rock Depart- ment, Columbia, Temumessee, at its Mount Pleasant and Wales, Tennes- see, rock-phosphate plants, who were employed by the Company dur-' ing the pay-roll period immediately preceding the date of this Duec- tion of Election, including employees who were not employed during that pay-roll period because they were ill or on vacation and employ- ees who were or have since been temporarily laid off and excluding employees who have since quit or been discharged for cause and fir- ther excluding supervisory, clerical, and technical employees, chemists and engineers, and the employees at the Company's Wales fertilizer plant, to determine whether or not they desire to be represented by International Union of Mine, Mill & Smelter Workers, for the pur- poses of collective bargaining. MR. WILLIAM M. LFISERSON took no part in the consideration of the above Decision and Direction of Election.