Semet-Solvay Co.

In the Matter of SEMET-SOLVAY COMPANY and, COKE WORKERS LOCAL No. 22230 Case No. R-1766.-Decided April 8, 1940 Coke and Coke Byproducts Manufacturing Industry-Investigation of Rep- resentatives : controversy concerning representation of employees : refusal of employer to recognize petitioning union as the representative of the employees until certified by the Board-Unit Appropriate for Collective Bargaining: pro- duction and maintenance employees , exclusive of executives, supervisory em- ployees not paid by the hour, office employees and temporary employees en- gaged in construction work ; agreement as to-Election Ordered : eligibility to vote determined as of pay roll immediately preceding date of Direction of Election. Mr. Peter Crotty, for the Board. Mr. Rockwell T. Gust, of Detroit, Mich., for the Company. Mr. Neil J. Cu ingham, of Buffalo, N. Y., for the Union. Mr. Bliss Daffan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 17, 1940, Coke Workers Local No. 22230, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Third Region (Buffalo; New- York) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Semet-Solvay Company, Tonowanda, New York, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 9, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Sec- tion 9 (c) of the Act and Article III, Section 3, of National Labor Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 22 N. L. R. B., No. 43. 742 SEMET-SOLVAY COMPANY 743 On March 14, 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 March 21, 1940, at Buffalo, New York, before Charles E. Persons, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel who participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a New York corporation and has a plant at Ton- awanda, New York. It is engaged in the manufacture of coke and its byproducts. The principal raw material used by the Company in the manufacture of. its products is coal, practically all of which is shipped to the Tonawanda plant from outside the State of New York. Approximately 25 per cent of the finished products of the Company are sold and shipped out of the State of New York. During the year 1939 the Company produced more than 300,000 tons of coke, of which more than 100,000 tons were shipped out of the State of New York. At the time of the hearing there were approximately 300 employees in the employ of the Company. The Company concedes that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED Coke Workers Local No. 22230 is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing, and we find, that the Company was unwilling to recognize the Union as the bargaining representa- tive of the employees until it had been certified by the Board as such representative. ' It was further stipulated, and we find, that a ques- tion has arisen concerning representation of einpleyees of, the Com- pany. 744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 tends to dead:.to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agree that the unit appropriate for, the purpose of collective bargaining should include all the produc- tion and maintenance employees of the Company, exclusive of executives, supervisory employees not paid by the hour, office em- ployees and temporary employees engaged in construction work. We see no reason for not finding such unit appropriate. We find that all production and maintenance employees of the Company, exclusive of executives, supervisory employees not paid by the hour, office employees, and temporary employees engaged in construction'-work', constitute a unit 'appropriate for the purposes of collective bargaining, and that such 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 REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company and- the Union stipulated at the hearing to the use of the pay roll of the Company of March 9, 1940, with the addition of any' employees hired since said date, to determine eligibility to participate in the election. The agreement of the Company and the Union as to eligibility will be fully effectuated if eligibility is determined on the basis of the pay-roll period immediately preceding the date of the Direction of Election in accordance with our usual practice.' Accordingly, those eligible to vote in the election shall be the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay- roll period because they were ill or on vacation and employees who were then or have since been temporarily laid- off, but, excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SEMET-SOLVAY COMPANY CONCLUSIONS OF LAW 745 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Semet-Solvay Company, Tonawanda, New -York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. - 2. All production and maintenance employees of the Company, exclusive of executives, supervisory employees not paid by the hour, office employees, and temporary employees engaged in construction work, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations 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 purpose of collective bargaining with Semet-Solvay Company, Tonawanda, New York, 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 Third Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period immedi- ately preceding the date of this Direction of Election, exclusive of executives, supervisory employees not paid by the hour, office em- ployees, and temporary emplqyees engaged in construction work, and those who have since quit or been discharged for cause, but including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then -or have since been temporarily laid off, to determine whether or not they desire to be represented by Coke Workers Local No. 22230, affiliated with the American Federation of Labor, for the purposes of collective bargaining.