Semet-Solvay Co.

National Labor Relations Board - Board Decisions

Mar 16, 1943

48 N.L.R.B. 114 (N.L.R.B. 1943)

In the Matter of SEMET-SOLVAY COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R-4,969.-Decided March 16, 19113
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question • refusal
to recognize the union until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees excluding office and
supervisory employees, watchmen, and employees who have the authority
to'hire and discharge; stipulation as to.
Mr. B. B. illannix, of Brooklyn. N. Y., and Mr. George E. Brandon,
,of East Orange, N. J., for the Company.
Mr. Andrew A. West, of Huntington, W. Va., and Mr. John Mayo,
,of Charleston, W. Va., for the Union.
Mr. Louis Cokin, of counsel to the Board.
'DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
a
Upon petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Semet-Solvay Company, Ironton, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before William E. Shooer, Trial Examiner.
Said hearing was held at Ironton, Ohio, on March 5, 1943. The Com-
pany 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.
48 N. L. R. B., No. 23.
114
_S'EMET-SOLVAY COMPANY 115 '
Upon the entire record} in the case, the Board makes the following:
ii FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
' Semet=Solvay Company is a New York corporation operating a,
'plant at Ironton, Ohio, where it is engaged in the manufacture and
sale of coke and byproducts. Over 50 percent of all raw materials
used at the Ironton plant are shipped to it from points outside the
State of Ohio and over 30 percent of the finished products are shipped
to points outside the State of Ohio. The Company admits, for the
purpose of this proceeding, that it is engaged in commerce within
the meaning ofthe National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organza-_
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During September 1942, the Union Irequested the Company to recog-
nize it as the exclusive representative of the employees at the Ironton
plant of the Company._ The Company refused this request until such
time as the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence during the
hearing, indicates that the Union represents a substantial number of
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
We find, in accordance with a stipulation of the parties, that 'all em-
ployees at the Ironton plant of the Company, excluding office and'
supervisory employees, watchmen, and employees who have the au-
thority to hire and discharge, constitute a unit appropriate for the
purposes of collective, bargaining, within the meaning of Section
9 (b) of the Act.
'The Trial Examiner reported that the Union represented 116 membership application
cards bearing apparently genuine signatures of poisons whose naives appear on the Com-
pany's pay loll of February 28, 1943. There are approximately 277 persons in the appto-
priate unit.
521247-43-vol. 48-9
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Relations Board by Section 9 (c) of the Nationallabor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Semet-Solvay
Company, Ironton, Ohio, an election by secret ballot shall be con-
ducted 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 Ninth Region, acting in this matter as
agent for the National Labor Relations Board and subject to, Article
III, Section 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 District 50, United Mine Workers of
America, for the purposes of collective bargaining. -