Armour Fertilizer Works

National Labor Relations Board - Board Decisions

Jun 29, 1943

50 N.L.R.B. 972 (N.L.R.B. 1943)

In the Matter of ARMOUR & COMPANY OF DELAWARE D/B/A ARMOUR
FERTILIZER WORKS and INTERNATIONAL UNION OF MINE, MILL, AND
SMELTER WORKERS, C. I. O.
Case No. R-5'Iw3. Decided June 29, 1943
Mr. Pride Tomlinson and Mr. R. L. Harris, Jr., of Columbia, Tenn.,
'-for the Company.
Mr. Tian D. Jones, of Bessemer, Ala., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Union of Mine, Milland Smelter Workers, C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees,of Armour,& Company of
Delaware, doing business as Armour Fertilizer Works, Columbia,
Tennessee, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Harry F. Jones, Trial Examiner. Said hearing was held at Colum-
bia, Tennessee, on May 28, 1943. The Company and the Union ap-
peared, 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 an 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
Armour & Company of Delaware, is a Delaware corporation with its
principal office at Chicago, Illinois. We are here concerned with its
plant at Columbia, Tennessee, known as the Armour Fertilizer Works,
50 N. L. R. B., No. 138. '
972
ARMOUR & COMPANY OF DELAWARE 973
where it is engaged in the operation of a phosphate rock mine and a
plant for washing, processing, and concentrating phosphate rock.
The-.Company uses approximately 37,000 tons of raw materials annu-
ally, at its Armour Fertilizer Works, approximately 35 percent of
which is shipped to it from points outside the State of Tennessee.
The Company processes about 100,000 tons of phosphate rock annu-
ally at its Armour Fertilizer Works, approximately 31 percent of
which is shipped to points outside the State of Tennessee. The Com-
pany 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 is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 11, 1943, the Union requested the Company to recognize
it as exclusive collective bargaining representative of the employees
of Armour Fertilizer Works. The Company did not reply to this
request.
The Company contends that the petition should be dismissed on
the ground that a majority of the employees voted against the Union
in each of two consent elections conducted by the Board in -1941.
However, the previous elections are not a bar to the instant case since
both elections were set aside by the .Regional Director because the
Company interfered with the elections, for the additional reason that
the elections did not result in the selection of a bargaining represent-
ative, and in view of the fact that a statement of the Trial Examiner,
read into evidence at the hearing, shows that the Union has since
obtained designations of a substantial number of the employees in the
unit hereinafter found to be appropriate.'
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 hourly paid production and maintenance
employees of the Company, including working or shift foremen and
timekeepers, but excluding salaried employees, supervisory employees,
chemists, guards. and watchmen, constitute an appropriate unit.
I
' The Trial Examiner reported that the Union submitted 100 membership application
cards bearing apparently genuine signatures of persons whose names appear on the'Com-
pany's pay roll of May 13, 1943 Thete are 267 employees in the appropriate unit.
'974 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
i
r
Although the Company took no position with respect to the unit, it-
stated that shift foremen, chief chemists, assistant timekeepers, store-
room clerks, watchman and checker, steno-clerks, timekeepers, watch-
men., and assistant chemists are considered by the Company as repre-
sentatives of management.
The Company employs 14 persons classified by it as shift foremen.
Each of the shift foremen supervises from 8 to 20 employees. The
record discloses that the shift foremen have the authority to recom
mend the hire and discharge of their 'sufiordinates. We shall therefore,
exclude the shift foremen from the unit.
The timekeepers are all employed in the Company's office. They are
under the supervision of the oflice'management and perform purely
clerical duties. We shall exclude,the timekeepers from the unit.
The watchman -and checker works at some distance from the Com-
pany's operations and merely sends in reports to'the Company. , Inas-,
much as the duties of, the watchman and checker are'dissimilar to those
of the other employees of the Company, we shall exclude him from the
unit.
The commissary clerks sell consumers goods to the employees of
the Company. They merely act asp clerks and their duties have no
relation to production or maintenance of the Company's operations.
We shall exclude the commissary clerks from the unit.
We find that all hourly paid production and maintenance em-
ployees of the Company, excluding salaried employees, chemists,
guards, watchmen, shift foremen, timekeepers, the watchman and
checker, commissary clerks, and all,supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective,
bargaining , within the meaning of Section 9 (b), of the Act.
V. THE 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 Relatiols Board by Section 9 (c) of the National Labor-Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and, Regulations-Series 2, ,as amended, it is,
hereby
ARMOUR & COMPANY OF DELAWARE' 975
DIRECTED that, as part of the investigation to ascertain represents=
tives for the purposes of collective bargaining-with Armour & Com-
pany of Delaware, doing business as Armour Fertilizer Works,
Columbia, Tennessee, 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, Sec-
tion 10, of said. Rules and Regulations, among the employees in the
unit found appropriate' in Section /IV, above, who were employed
during the pay-roll period immediately 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, to determine whether
or not they' desire to be represented by International Union of Mine,
Mill and Smelter Workers, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.'
- CHAIRMAN Maass took no part in the consideration of the above
Decision and Direction of Election.
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