American Potash and Chemical Corp.

In the Matter of AMERICAN POTASH AND CHEMICAL CORPORATION and ALKALINE SALT WORKERS, LOCAL 414, OF INTERNATIONAL UNION OF .MINE, MILL & SMELTER WORKERS, C. I. 0. In the Matter of AMERICAN POTASH AND CHEMICAL CORPORATION and INDEPENDENT CHEMICAL WORKERS UNION Cases Nos. R-210 and R-0123.-Decided November 30, 1940 Jurisdiction : chemical product manufacturing industry. Investigation and Certification of Representatives : extension of question: dispute as to appropriate unit ; conflicting claims of rival representatives ; election necessary., - Employees whose names appear on the suspense list, an inactive pay roll maintained by the Company of employees ill or on vacation who will be reemployed if they return to work within-6 months, held eligible to vote. Unit Appropriate for Collective Bargaining : all daily and hourly employees of the Company at its Trona, California, plant in the production, industrial relations, supplies, and engineering departments and the caretaker of Boro- solvay, but excluding all employees on the monthly pay roll except the care- taker of Borosoivay, all employees acting in a supervisory, administrative, and professional capacity, all employees in the labor relations department, the California Staff Roll, and the Los Angeles sales office, librarians, peace officers, ticket sellers, operators, gang bosses, the relief porter, employees in. the medical and research departments, and clerical employees. Gibson, Dunn c Cirutcher, by Mr. J. Stuart Neary, of Los Angeles, Calif., for the Company. Gallagher, Wirin d Johnson, by Mr. Grover Johnson, of Los Angeles, Calif.; Mr. Robert 0. Lamson and Mr. Howard Goddard, of Trona,-Calif., for the C. I. O. Mr. Richard Woolett and Mr. 0. W. Peterson, of Trona, Calif., for the Independent. Mr. A. H. Peterson, of Los Angeles, Calif., for the A. F. of L. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 21, 1940, Alkaline Salt Workers, Local 414, of Inter- national Union of Mine, Mill & Smelter Workers, herein called the 28 N. L. R. B, No. 41. 236, (AMERICAN POTASH AND CHEMICAL CORPORATION' 237 C. I. 0.,, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affect- ing-conimerce had arisen concerning representation of employees of American Potash and Chemical Corporation,' Trona, California, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations ' Act, 49 Stat. 449, herein called the Act. On August 28, 1940, Independent Chemical Workers Union, herein called the Independent, filed a similar petition. On October 17, 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 Regulations- Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. It further ordered that, pursuant to Article III, Section 10 (c) (2) of said Rules and Regulations, the two cases be consolidated. On October 22, 1940, the Regional Direc- tor issued a notice of hearing, copies of which were duly served upon the Company, the C. I. 0., and the Independent. On October 28, 1940, Potash, Phosphate and Borax Workers of Trona, California, Local 21902, herein called the A. F. of L., filed a petition to intervene in this proceeding. Pursuant to,, notice, a hearing was held on October 29 and 30, 1940, at Trona, California, before William R. Walsh, the Trial Examiner duly designated by the Board. The Company and the C. I. O. were represented by counsel, the A. F. of L. and the Inde- pendent by representatives of their respective unions, and all participated in the hearing. The Trial Examiner granted the peti- tion to intervene previously filed by the A. F. of L. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the hearing, and again at the conclusion of the hearing, the C. I. O. moved to dismiss the petition to inter- vene on the ground that the A. F. of L. had not shown a substan- tial interest in the proceeding. The Trial Examiner denied these motions. During the course of the hearing-the Trial Examiner made several rulings on other motions and on objections to the admis- sibility 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 November 15, 1940, the Independent filed a motion to reopen the record for the purpose of offering in evidence portions of a news 'In petitions and subsequent formal papers filed in this proceeding the name of the Company appears in abbreviated form : American Potash and Chemical Corp and American Potash and Chemical Corp'n 238 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD pamphlet published by the C. I. O. Since the proposed evidence would not affect our decision, the motion is hereby denied. Upon the entire record in the case, the Board makes the following: FINDINGS or FACT I. THE BUSINESS OF THE COMPANY The Company, a Delaware corporation, is engaged in the manu- facture of potash, boric acid, borax, soda ash, and sodium sulphate from brine extracted from Searles Lake at Trona, California. In 1935 the total purchases for the operation of its plant amounted to $1,302,000, of which $159,000 represented purchases made outside California. In the same year the total sales of products amounted to'281,942 short tons, over 92 per cent of which were shipped to other States, possession of the United States, and foreign countries.,2 Approximately the same figures indicate the extent of the Company's purchase and sales in 1940. H. THE ORGANIZATIONS INVOLVED - Alkaline Salt Workers, Local 414, of International Union of Mine, Mill & Smelter Workers, is a labor organization affiliated with the Congress of Industrial Organizations. Independent Chemical Workers Union is an unaffiliated labor organization. Potash, Phosphate and Borax Workers of Trona, California, Local 21902, is a labor organization affiliated with the American Federa- tion of Labor. These labor organizations admit to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The C. I. O. and the Independent each asked the Company to bargain with it as agent for employees included in an alleged ap- propriate unit. The Company doubted whether the unit claimed by either organization was appropriate for bargaining and whether either organization represented a majority of the employees in such unit: A statement prepared by the Regional Director and introduced into evidence and a statement of the Trial Examiner at the hearing disclose that the C. I. 0., the Independent, and the A. F. of L. each 2A more complete statement of the business of the Company is found in Matter of Amc )can Potash cf Chernacal Corporattion and Borax 4 Potash Workers' Union No. 20181, 3-N. L R B 140. - AMERICAN POTASH AND CHEMICAL CORPORATION 239 has been designated by a substantial number of employees in the appropriate unit 3 We find that a question has arisen concerning the representation of 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 Com- pany described in Section I above, has a,close, intimate, and substantial relation to trade, traffic, and commerce with foreign coun- tries and among the several States and tends to lead to labor dis- putes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties agree and we find that daily and hourly employees in the production, industrial relations,` supplies, and engineering de- partments, and the caretaker of Borosolvay should be included, and that all employees on the monthly pay roll except the caretaker at Borosolvay, all employees acting in a supervisory, administrative, and professional capacity, all employees in the labor 'relations de- partment, the California Staff Roll, and the Los Angeles sales office, librarians, peace officers, and ticket sellers, should be excluded, from the appropriate unit. The parties agree and we find that depart- mental heads and their staff of foremen and assistant foremen, senior engineering draftsmen, chemists, senior accountants, chief clerks, confidential secretaries, a patent engineer, an estimator, a housekeeper, and the club secretary fall within the excluded classi- fications. In respect to operators, gang bosses, employees in the medical and research departments, the relief porter, and clerical employees the parties are in disagreement. The A. F. of L. contends that all em- ployees in these categories should be included. It urges in support of its contention that in this remote and company-owned community the desirability of a large industrial unit outweighs any consideration for several and separate craft interests. The Company favors this The C. I. O. and, the Independent presented to the Regional Director in support of their claims 322 and 307 membership cards, respectively. These cards are dated between October 1938 and October -1940 and appear to bear genuine signatures of employees of the Company. In support of its motion to intervene the A. F. of L . presented to the Trial Examiner 161 authorization cards, dated October 28 or 29 , 1940, appearing to bear genuine signatures of 161 employees on the current pay roll . The number of employees in the appropriate unit at the time of the hearing was about 1,000. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD larger unit. The Independent ' would include all such employees except the relief porter and gang bosses within the unit. The C. I. O: contends that all such employees should be excluded. The record discloses that operators coordinate the work of men within their division of the plant and that they do very little physical work. They break in and assist new employees. They relay the foremen's instructions and in their absence serve as fore- men for routine work. Operators assist the foremen in making. re- ports and discuss with them the qualifications of men for promo- tion. Like gang bosses, they are minor supervisory employees. , The relief' porter serves as foreman 2 days per week. Since the operators; the relief porter, and gang bosses are supervisory employees we will exclude -them 4 Employees in the research department have specialized training, which tends to place them in a professional classification. They de- velop and test equipment for production, and their work is clearly distinguishable from that of trained routine workers in the produc- tion and engineering departments whom all parties desire to in- clude. Employees in the medical department similarly are profes- sional and semi-professional workers, whose dissimilar interests and fields of work warrant their exclusion from a unit of general pro- duction workers.5 The record reveals no impelling reason why clerical workers should be included in the unit. Under the circum- stances, we will exclude employees in the medical and research de- partments and the clerical employees. We find that all daily and hourly employees of the Company at its Trona, California, plant in the production, industrial relations, supplies, and engineering departments and the caretaker of Boro- solvay, but excluding all employees on the monthly pay roll except the caretaker of Borosolvay, all employees acting in a supervisory, administrative, and professional capacity, all employees in the labor relations department, the California Staff Roll, and the Los Angeles sales office, librarians, peace, officers, ticket sellers, operators, gang bosses, the relief porter, employees in the medical and research de- partments, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. We find 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. * Matter of Rem. Manufacturing Co , Inc and A. I F. of L Fedei al Union, No. 20893, 7 N. L. R. B. 95 ' 5 Matter of B F. Goodrich Company and United Rubber Workers of America, Local'No7 43, 4 N. L R. B. 420; Matter of Westinghouse Airbrake Company and United Electric and Radio Workers of America, Railway Equipment Workers Local No . 610, 4 N L. R. B: 403. 1 " AMERICAN POTASH AND: CHEMICAL CORPORATION 241; VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the, repre= sentation of employees of the Company can best be resolved by, and we shall accordingly direct, an election by secret ballot. The Company maintains an inactive pay roll, called a suspense list, containing the names of employees who are ill or absent on leave, who will be reemployed if they return to work- within 6 months. The parties agree that such employees who are also within the appro- priate unit should be eligible to vote in the election. We will direct that those eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, includ- ing employees who did not work during that pay-roll period be- cause they were ill or on vacation, employees who were then or have since been temporarily laid off, and employees on the suspense list, but excluding employees 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 : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of American Potash and Chemical Corpora- tion, Trona, California, within the meaning of Section 9 (c), and Section 2 (6) and (7) of the Act. 2. All daily and hourly, employees of the Company at its Trona, California, plant in the production, industrial relations, supplies, and engineering departments and the caretaker of Borosolvay, but excluding all employees on the monthly pay roll except the caretaker of Borosolvay, all employees acting in a supervisory, administrative, and professional capacity, all- employees in the labor relations de-, partment, the California Staff Roll, and the Los Angeles sales office, librarians, peace officers, ticket sellers, operators, gang bosses, the relief porter, employees in the medical and research departments; and clerical employees, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the 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 Re- lations -Act, 49 Stat.,-449, and pursuant to Article III, Section 8 of National Labor Relations Board 'Rules and Regulations-Series 2,; as amended, it is hereby . , I 242, DECISIONS OF NATIONAL' LABOR RELATIONS BOARD DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with American Potash and Chemical Corporation, Trona, California, 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 of Election, under the direction and supervision of the Regional Director for the Twenty-first 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 all daily and hourly employees of the Company at its Trona, California, plant in the production, industrial relations, supplies, and engineering departments and the caretaker of Borosolvay, who were employed by the Company during the pay- roll period immediately preceding the date of this Direction of Elec- tion, including employees who did not work - during . that pay-roll period because they were ill or on vacation, employees who were then or have since been temporarily laid off, and employees on the suspense list, but excluding all employees on the monthly pay roll except the caretaker of Borosolvay, all employees acting in a supervisory, admin- istrative, and professional capacity, all employees in the labor relations department, and California Staff Roll, and the Los Angeles sales office, librarians, peace officers, ticket sellers, operators, gang bosses, the relief porter, employees in the medical and research departments, clerical employees, and employees who have since quit or been discharged for cause, to determine whether said employees desire to be represented by Alkaline Salt Workers, Local 414, of International Union of Mine, Mill & Smelter Workers, by Independent Chemical Workers Union, or by Potash, Phosphate and Borax Workers of Trona, California, Local 21902, for the purposes of collective bargaining, or by none of said organizations. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES January 9,1941 On November 30, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on December 18, 1940, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California). On December 19, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor AMERICAN POTASH AND CHEMICAL CORPORATION 243 Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct 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 on eligibility list____________________________________ 933 Total ballots cast_________________________________________ 799 Total ballots challenged___________________________________ 32 Total blank ballots________________________________________ 0 Total void ballots---------------------------------------- 4 Total ballots not counted__________________________________ 36 Total ballots counted______________________________________ 763 Total votes for Alkaline Salt Workers, Local 414, of Inter- national Union of Mine, Mill & Smelter Workers, C.'I. O---- 476 Total votes for Independent Chemical Workers Union________ 103 Total votes ,for Potash, Phosphate and Borax Workers of Trona, California, Local 21902, A. F. L____________________ 172 Total votes for none of said organizations___________________ 12 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 Alkaline-Salt Workers, Local 414, of International Union, of Mine, Mill & Smelter Workers, C. I. 0., has been designated and selected by a majority of all daily and hourly employees of American Potash and Chemical Corporation at its Trona, California, plant in the production, industrial relations, supplies, and engineering departments and the caretaker of Borosolvay, excluding all employees on the monthly pay roll except the caretaker of Boro- solvay, all employees acting in a supervisory, administrative, and professional capacity, all employees in the labor relations department, the California Staff Roll, and the Los Angeles sales office, librarians, peace officers, ticket sellers, operators, gang bosses, the relief porter, employees in the medical and research departments, and clerical em= ployees, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Alkaline Salt Workers, Local 414, of International Union of Mine, Mill & Smelter Workers, C. I.-0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 28 N. L. It. B., No. 41a. 413597-42-vol. 23=17