American Smelting and Refining Co.

National Labor Relations Board - Board Decisions

Apr 12, 1945

61 N.L.R.B. 506 (N.L.R.B. 1945)

In the Matter of AMERICAN SMELTING AND REFINING COMPANY and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,
LOCAL 72, C. I. O.
Case No. 19-R-1477.-Decided April 12, 1945
Mr. E. G. Toomey , of Helena , Mont., for the Company.
Mr. Owen McNally, of Anaconda , Mont., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill
and Smelter Workers, Local 72, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of American Smelting and Refining
Company, East Helena, Montana, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before John E. Hedrick, Trial Examiner. Said
hearing was held at Helena, Montana, on February 22, 1945. The
Company and the Union appeared, participated, and 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
American Smelting and Refining Company is a New Jersey cor-
poration operating a plant at East Helena, Montana, where it is en-
gaged in custom lead smelting. Approximately 25 percent of all raw
materials used by the Company is shipped to it from points outside the
61 N. L. R. B., No 67.
506
AMERICAN SMELTING AND REFINING COMPANY 507
State of Montana. The Company produces about 4,000 tons of lead,
monthly, at its East Helena plant, all of which is shipped to points out-
side the State of Montana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter Workers, Local 72,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During December 1944, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the tech-
nical and office employees at the East Helena plant. The Company
refused this request, stating that it doubted the Union's claim to
majority.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.t
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.
IV. THE APPROPRIATE UNIT
The Union urges that all office and technical employees at the East
Helena plant of the Company, including the financial bookkeeper,
metallurgical bookkeeper, chief settlement clerk, assistant to chief
chemist, head timekeeper, assistant chief clerk, secretary to the super-
intendent and chief clerk, and assistant to the safety inspector and
personnel director, but excluding manager's secretary, chief clerk,
chief chemist, purchasing agent, and safety director and personnel
director, constitute a unit appropriate for the purposes of collective
bargaining. The Company claims that the assistant chief clerk, assist-
ant to the safety inspector and personnel director, head timekeeper, and
assistant to chief chemist are supervisory employees; it further con-
tends that the financial bookkeeper, metallurgical bookkeeper, chief
settlement clerk, and secretary to the superintendent and chief clerk
are confidential employees. Accordingly, it would exclude these eight
employees from the unit.
I The Field Examiner reported that the Union submitted 20 authorization cards. There
are approximately 25 employees in the appropriate unit
508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The main office, composed of about 13 employees, is in charge of the
chief clerk. The assistant chief clerk spends most of this time perform-
ing accounting work, but during the absence of the chief clerk acts in
the latter's capacity. Although the assistant chief clerk makes recom-
mendations with respect to the hire and discharge of employees, it is
clear that his recommendations are accorded little weight. We con-
clude that the assistant chief clerk is not a supervisory employee, and,
accordingly, we shall include him in the unit.
The safety inspector and personnel director is in charge of the safety
program in the plant and also hires all new production and mainte-
nance employees. This employee keeps complete personnel records
and investigates all grievances. The Company also employs an assist-
ant to the safety inspector and personnel director who assists the safety
inspector in the carrying out of the above-outlined duties. We con-
chide that the assistant to the safety inspector and personnel director
should be excluded from the unit inasmuch as he has access, in the
normal course of his duties, to confidential personnel records.
The head timekeeper is in charge of calculating the time of plant
employees and has two assistants. He allocates labor costs to the
various departments of the plant and has access to confidential per-
sonnel records of the production and maintenance employees. We
shall exclude him from the unit as a confidential employee.
The Company maintains a laboratory wherein it employs seven
persons. The chief chemist is, in complete charge of the laboratory
and hires and discharges employees therein. The parties agree to
exclude him from the unit. The Company also employs an assistant
to the chief chemist in the laboratory, whose duties consist in making
chemical analyses which the other chemists are not qualified to per-
form. He only assumes the functions of the chief chemist during the
latter's vacation or periods of illness. We shall include the assistant
to the chief chemist in the unit.
The financial bookkeeper maintains and is responsible for all finan-
cial records of the Company and prepares financial statements for it.
The metallurgical bookkeeper maintains records concerning all metal
purchases, balances, and profits or losses with respect to metals. The
chief settlement clerk analyzes the Company's records concerning ton-
nage, values, and assays of metals purchased from other companies.
The Company executes royalty agreements based on these records.
Although the matters handled by the three above-mentioned employees
are considered confidential by the Company from a business viewpoint,
they in no way deal with records relating to labor relations matters.
We shall, therefore, include these employees in the unit.2
2 See Matter of The Babcock d Wilcox Co., 52 N L R B 900 ; Matter of United States
Smelting, Refining and Mining Company , 53 N L R B 84
AMERICAN SMELTING AND REFINING COMPANY 509
The Secretary to the superintendent and chief clerk handles all per-
sonnel correspondence for the superintendent and the chief clerk and,
in addition , performs the duties of the manager's secretary when the
latter is absent or in need of assistance . The parties agree that the
manager's secretary should be excluded from the unit because she has
access to personnel files. Accordingly , we shall exclude the secretary
to the superintendent and chief clerk from the unit.
We find that all office and technical employees at the East Helena
plant of the Company, including the assistant chief clerk , financial
bookkeeper, metallurgical bookkeeper , chief settlement clerk, and as-
sistant to the chief chemist, but excluding the manager 's secretary,
assistant to the safety inspector and personnel director , secretary to
the superintendent and chief clerk, head timekeeper , safety director
and personnel director , chief clerk , chief chemist , purchasing agent,
and all other supervisory employees with authority to hire, promote,
discharge , discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit appro-
priate for the purposes of collective bargaining , within the meaning of
Section 9 (b) of the Act.
V. TEE 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.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Smelting
and Refining Company, East Helena, Montana, 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 Nineteenth Region, act-
ing in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11 , of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
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510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ately preceding the date of this Direction , including employees who
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election , to determine whether or not they desire to be represented by
International Union of Mine, Mill and Smelter Workers, Local 72,
C. I. 0., for the purposes of collective bargaining.