Semet-Solvay Co.

National Labor Relations Board - Board Decisions

Feb 24, 1943

47 N.L.R.B. 991 (N.L.R.B. 1943)

In the Matter of SEIIET - SOLVAY COMPANY and DISTRICT 50, UNITED
MINE WORKERS, OF AMERICA , LOCAL 12583
Case No. R-4887 .-Decided February '24, 1943
Jurisdiction : coke manufacturing industry.
Investigation and Certification of Representatives : existence of question : recog-
nition refused until union was cert,fied by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Ashland plant
of company, excluding office and supervisory employees, watchmen, and em-
ployees with authority to hire and discharge; stipulation as to.
Mr. Howard Van Antwerp, of Ashland, Ky., for the Company.
Mr. Andrew TV. Hazy, and Mr. John Mayo, of Charleston, W. Va.,
for the Union.
Mr. Louis Colvin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE '
Upon petition duly filed by Local 12583, District 50, United Mine
Workers of America, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Semet-Solvay Company, Ashland, Kentucky, 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 Catlettsburg, Kentucky, on'
February 11, 1943. The Company and the Union appeared, partici-
pated, 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.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS- OF ' THE COMPANY
Semet-Solvay Company is a,New York corporation operating a
plant at Ashland, Kentucky, where it is engaged in the manufacture
47 N L R B., No 123.
991
992 DEiCQtSfONKS - OF NATIONAL LABOR RELATIONS BOARD
and sale of coke and byproducts. Over 50 percent of all raw mate-
rials used at the Ashland plant are shipped to it from points outside
the State of Kentucky and over 50\percent of the finished products are
shipped to points outside the State of Kentucky., The Company ad-
mits for the purpose of this proceeding that it is engaged in commerce
within the meaning of the National Labor Relations Act.
1I. THE ORGANIZATION INVOLVED
. Local 12583, District 50, United Mine Workers of America, is a
labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
During December 1942, the Union requested the Company to recog-
nize it as the exclusive representative-of the employees at the Ashland
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
employees at the Ashland plant of, the Company, excluding office and
supervisory employees, watchmen, and employees who have the
authority to hire,and discharge, 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 be re-'
solved 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.
1 The Trial Examiner reported that the Union represented 127 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of February 7, 1943 There are approximately 214 persons in the appro-
priate unit.
SEMET-SOLVAY COMPANY 993
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 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Semet-Solvay
Company, Ashland, Kentucky, 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 Ninth Region, acting in • this matter as
agent for the National I:abor 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 em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including any such 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 Local
12583, District 50, United Mine Workers of America, for the purposes
of collective bargaining.
MR., WM. M. LEisvRsoN took no part in the consideration of the
above Decision and Direction of Election.
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