Savannah Sugar Refining Corp.

In the Matter of SAVANNAH SUGAR REFINING CORPORATION and FOREST CITY LODGE # 23, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case N. R ?197. Decided February 14, 1941 Jurisdiction : sugar refining industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition unless certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining Mechanical unit comprising machinists, mechanics, lathe hands, operating mechanics, welders, sheet metal workers, boiler makers, blacksmith, and oilers, but excluding, at the request of the only union involved, pipefitters and elec- tricians who are eligible to join craft organizations other than petitioner and who apparently have not been organized by the petitioner, found appropriate. Mechanical employee who in settlement of 8 (3) charge was demoted to an unskilled job with first preference to fill next vacancy occurring in mechanical department, included in mechanical unit in view of reasonable expectancy of being reemployed in mechanical department. Hitch, Denmark and Lovett, by Mr. A. B. Lovett and Mr. Robert M. Hitch, Jr., of Savannah, Ga., for the Company. Mr. W. B. Jarvis, of Savannah, Ga., and Mr. Paul Hutchings, of Washington, D. C., for the Union. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 26,1940, Forest City Lodge #23, International Associ- ation of Machinists, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Sa- vannah Sugar Refining Corporation, Port Wentworth, Georgia, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat."449, herein called the Act. On November 7, 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, 29 N. L. It. B., No. 107 617 '618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as amended, ordered an investigation and authorized the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On December 3, 1940, the Regional Director issued a no- tice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, 'a hearing was held on Decem- ber 10, 1940, at Savannah, Georgia, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by the Board. The Company was represented by counsel and the Union by a representative; all partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and,introduce evidence bearing upon the issues, was afforded all, parties. During the course of the hearing the Trial Examiner ruled on several 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. At the conclusion of the hearing, the Company moved that the unit claimed by the Union be expanded to include four named individuals if the Board should consider that these individuals are not in the work ,classifications claimed by the Union to comprise the appropriate unit. The Trial Examiner reserved decision on this motion for the Board. The motion is hereby denied. No other motions were made at the hearing. On December 30, 1940, the Company filed with the Board a motion, a copy of which was duly served upon the Union, to correct the official report of proceedings in this matter as set forth therein. By letter dated February 5, 1941, the Company, pursuant to an agreement with the Union, amended this motion. The Union notified the Board that it has no objection to the motion, as amended. The motion as amended is hereby granted. On January 6, 1941, the Company filed a brief with the Board. On the same day, the Company filed with the Board a motion, supported by affidavit, to_ reopen the record and re- ceive further evidence. On January 9,1941, the Union filed an answer, supported by affidavit, to the Company's motion to reopen. For reasons hereinafter appearing, the motion is hereby denied. At the request of the Company and pursuant to notice, a hearing was held before the Board in Washington, D. C., on January 7, 1941, for the purpose of oral argument. The Union appeared by counsel and participated in the argument.' Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Savannah Sugar Refining Corporation is engaged in the business of refining and selling sugar in a plant at Port Wentworth, Georgia. 'Prior to the hearing, the Company withdrew its request for oral argument and it did not appear at the hearing. I SAVANNAH SUGAR REFINING CORPORATION 619 During 1939, the Company purchased approximately 450,000,000 pounds of raw sugar, all of which was obtained outside the State of Georgia. During the same period the Company sold approximately 450,000,000 pounds of refined sugar, of which approximately 66 per cent was sent to points outside the State of Georgia. II. THE ORGANIZATION INVOLVED Forest City Lodge #23, International Association of Machinists, is a labor organization affiliated with the American Federation of Labor, admitting to membership certain employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In the summer of 1940 the Company refused upon request to bargain with the Unioi7 as the exclusive representative of employees of the Com- pany within an alleged appropriate unit unless the Union was certified as such by the Board. The Trial Examiner read into the record a report showing that the Union represents a substantial number of employees in the unit herein= after found to be appropriate.' 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 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 lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union alleges in its petition that "all mechanics, helpers and apprentices in the following groups : machinist and mechanics, lathe hands, operating mechanics, welders, sheet metal workers, boilermaker, blacksmith, and oilers," employed by the Company constitute an ap- propriate unit. The Union would exclude clerical and supervisory employees. At the hearing the Company and the Union agreed that 35 named employees are properly included in the appropriate unit. Questions arose as to the eligibility and 'classification of 13 other employees. 2 The Trial Examiner reported that the Union produced application cards signed by 22 of the 37 persons named in the alleged appropriate unit. There are approximately 4(b employees in the unit hereinafter found to be appropriate. ' 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Union desires to exclude from the unit Joe Wexel, Lee Marks, Charles Holec, and James L. Patterson on the grounds that they are salaried employees exercising supervisory authority. The Company urges their inclusion. The record shows that on occasions until July 15, 1940, when the practice was discontinued, each of these men signed time cards for other employees and that Marks who had been a foreman was relieved of his supervisory status 2 years ago. • The Company's general superintendent, W. W. Sprague, stated, and we find, that these four employees are mechanics having no supervisory authority. The fact that they are salaried employees does not under the circumstances so identify them with management as to warrant their exclusion. We' shall include them in the unit. The Union would exclude from the mechanical unit Jesse Butler, Merritt Carey, Frank Williams, Walter Williams, C. J. Babin, Jr., and Robert Holec, on the ground that these men are pipefitters and steam- fitters, and would also exclude Dave Brightman on the ground that he is an electrical employee. The Union contends that these men are not eligible for membership in it and that they properly come within the. jurisdiction of other craft organizations in the locality. Butler, Carey, Frank Williams, and Walter-Williams spent approxi- mately 60 per cent of their time doing pipefitting work. Babin is a general repairman in the boiler room, maintaining valves, controls, and the sprinkler system. Holes is Babin's helper and it was stipulated that the eligibility of Holec should be determined by that of Babin. Brightman maintains and changes the batteries used in the electric-, propelled trucks operated in the plant. He is on the pay roll of the electrical department and works under the supervision of the foreman in that department. Under all the circumstances, including the fact that these men perform duties which make them eligible to join craft organizations other than the Union, that the Union does not, desire to represent them, and that the extent of self-organization among the Company's mechanical employees has apparently been limited to the groups named in the Union's petition, we shall exclude Butler, Carey, Frank Williams, Walter Williams, Babin, Holes, and Brightman from the unit.3 The Union contends that L. L. Moore and George C. Lucas should be included in the unit on the ground that they are mechanical em- 8 The affidavit of Dave Brightman , filed in support of the Company's motion to reopen the record , which we have hereinabove denied, stated that V. H. Exley, a representative of the Union , solicited Dave Brightman and informed him that he was eligible for mem- bership in the Union , and urged Brightman to also solicit for membership Carey, Walter Williams, Frank Williams , and Butler. In Exley's affidavit, accompanying the Union's answer, mentioned above, to the Company's motion to reopen, the affiant denied the above acts and statements attributed to him by Brightman . In view of the considerations stated in the text, above, we do not consider a resolution of these questions of fact to be material to a determination of the issues , and we have accordingly denied the Company ' s motion. . SAVANNAH SUGAR REFINING CORPORATION 621 ployees temporarily doing unskilled work. The record shows that in settlement of a dispute involving the alleged discriminatory discharge of Lucas and Moore, the Company agreed to reemploy both of them on unskilled jobs and to give them, respectively, first preference in filling any vacancy in the mechanical department in jobs which they were capable Of performing. However, Lucas' tenure of employment was conditioned upon his passing a medical physical examination. Shortly, before the hearingi the Company discharged Lucas on the basis of medical report stating, in substance; that Lucas' blood pressure was so high that he could not be recommended for employment. In support of its opposition to the inclusion of Moore in the unit, the Company states in its brief that Moore has not been employed in the mechanical department pursuant to the above-mentioned agreement because no vacancies have occurred. We find, for the purpose of this decision only, that Lucas is no longer an employee and should be excluded from the unit.4 We further find that under the circumstances Moore has) a reasonable expectancy of being employed in the mechanical depart- ment and should therefore be included in the unit. We find that the mechanics, helpers, and apprentices employed by ,the Company, in the following groups : machinists and mechanics, lathe hands, operating mechanics, welders, sheet metal workers, boilermaker, blacksmith, oilers, including Joe Wexel, Lee Marks, Charles Holec, James L. Patterson, and L. L. Moore, but excluding Jesse Butler, Mer- ritt Carey, Frank Williams, Walter Williams, C. J. Babin, Jr., Robert Holec, Dave Brightman, George C. Lucas, and clerical and supervisory employees, constitute a unit appropriate for the purposes of collective 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 REPRESENTATIVES We find that the question which has arisen concerning the representa- tion of employees of the Company can best be resolved by an election, by secret ballot. We shall direct that an election by secret ballot be held among the employees of the Company in the unit hereinabove found appropriate who were employed during the pay-roll period last preceding the date of this Direction, with the inclusions and exclu- sions set forth in the Direction, to determine whether or not they desire to be represented by the Union for the purposes of collective bargaining. Upon the basis of the above findings of fact and upon the entire -record in the case, the Board makes the following : * We do not pass upon the Union's contention that Lucas' physical examination did not reflect his normal condition because it was given immediately after a bard day's work. 622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Savannah Sugar Refining Corporation, Port- Wentworth, Georgia, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All mechanics, helpers, and apprentices employed by the Com- pany, in the following groups : machinist and mechanics, lathe hands, operating mechanics, welders, sheet metal workers, boilermaker, black- smith, oilers, including Joe Wexel, Lee Marks, Charles Holec, James L. Patterson, and L. L._ Moore, but excluding Jesse Butler, Merritt Carey, Frank Williams, Walter Williams, C. J. Babin, Jr., Robert Holec, Dave Brightman, George C. Lucas, and clerical and supervisory employees, constitute a unit appropriate for the purposes 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 Relations 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining With Savannah Sugar Refining Corporation, Port Wentworth, Georgia, 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regula- tions, among all mechanics, helpers, and apprentices employed by the Company, in the following groups : machinist and mechanics, lathe hands, operating mechanics, welders, sheet metal workers, boilermaker, blacksmith, and oilers, who were employed by said Company during the pay-roll period last preceding the date of this Direction, including Joe Wexel, Lee Marks, Charles Holec, James L. Patterson, L. L. Moore, 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 Jesse Butler, Merritt Carey, Frank Williams, Walter Williams, C. J. Babin, Jr., Robert Holec, Dave Brightman, George C. Lucas, clerical and supervisory employees, and employees who have, since quit or been discharged for cause, to de- termine whether or not they desire to be represented by Forest City . Lodge #23, International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining. - -