The Mathieson Alkali Works

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 113 (N.L.R.B. 1943)

In the Matter of THE MATFIIESON ALKALI WORKS and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. R-5515--Decided July 8, 1943
Mr. William A. Stuart, of Abingdon, Va., and Mr. H. W. Stull, of
New York City, for the Company.
Mr. William E. Mitch and Mr. N. B. Maxwell, of Birmingham, Ala.,
and Mr. Fred Ruscoe, of Kingsport, Tenn., for District 50.
Mr. Roby C. Thompson, of Abingdon, Va., for the Association.
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 District 50,
United Mine Workers of America, herein called District 50, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Mathieson Alkali Works, Saltville,
Virginia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Anthony E. Molina, Trial Examiner. Said hearing was held at
Marion, Virginia, on June 8, 1943. At the commencement of the
hearing, the Trial Examiner granted a motion of Saltville-Mathieson
Employees' Association, herein called the Association, to intervene.
The Company, District 50, and the Association appeared at and par-
ticipated in the hearing, and all parties 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
I. THE BUSINESS OF THE COMPANY
The Mathieson Alkali Works, a Virginia corporation, is engaged
in the manufacture and sale of ammonia 'soda and related byproducts,
51 N. L II B., No 27.
540612-44-vol 51--8 113
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Saltville, Virginia. The Company maintains executive offices in
New York City and also operates branch plants at Lake Charles,
Louisiana, and Niagara Falls, N. Y. From the ammonia soda the
Company manufactures and processes soda ash, caustic soda, bicarbon-
ate of soda, fused alkalies, and carbon dioxide ice. The Company
owns approximately 7.000 acres of land in and around Saltville. The
Saltville operations, involved in this proceeding, cover approximately
1,000 acres, including a gypsum mine, limestone quarry, and salt brine
wells.
In 1942, the Company manufactured approximately 250,000 tons of
finished products having a gross value of more than $1,000,000, of
which approximately 80 percent was shipped to points outside the
State of Virginia. Although limestone salt and gypsum rock are
the principal raw materials used by the Company, its operations are
dependent upon other commodities, all of which, with the exception
of coke and coal, are purchased and shipped from concerns located
in States other than the State of Virginia. In 1942, the purchase of
such raw materials necessary to the Company's Virginia operations
exceeded $500,000 in value. The Company employs approximately
950 employees at its Saltville operations.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion , admitting to membership employees of the Company.
Saltville-Mathieson Employees' Association is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 2, 1943, the Company declined to recognize District 50
as the exclusive collective bargaining representative of its employees
because of an existing contract between the Company and the Asso-
ciation. At the hearing, both the Company and the Association urged
that the contract was a bar to the present proceedings.
On March 20, 1942, the Independent was certified by the Board
as the exclusive representative of the Company's production employ-
ees and employees engaged in the maintenance of production proper-
ties and equipment at the Company's Saltville operations, including
laboratory test employees, water tenders, and caustic finishers, but
excluding supervisory and community service employees, watchmen,
guards, office employees, and all other laboratory employees.' Dis-
' Matter of The Mathieson Alkali Works, 39 N L R. B 964.
THE MATHIESON ALKALI WORKS 115
trict 50 had sought substantially this unit, and now also claims that
it is appropriate. In the prior proceeding, the Board had rejected
the contention of the Company and the Association that employees in
the house department, general office department, store department
and hospital department, and watchmen should be included in the
unit. Despite the Board's specific findings, excluding the above enu-
merated employees, the company and the Association on February 10,
1943, entered into an exclusive bargaining contract covering the
employees in the unit found appropriate in the prior proceeding plus
the employees in the house, general office, store and hospital depart-
ments, and watchmen. This contract is for a period ending Decem-
ber 31, 1945.
The Board, as a general rule, does not entertain representation
proceedings where an active labor organization has a collective bar-
gaining contract with a reasonable period to run. But the rule as-
sumes that the unit of employees covered by the contract is appro-
priate. Where the parties contract on the basis of a unit different
from that found by the Board their agreement is subject to any sub-
sequent determination the Board may make, in a proper proceeding,
with respect to the appropriateness of the unit. Otherwise, the
parties could in effect set aside the Board's unit finding and fore-
close the Board from performing its statutory duty of determining
the appropriate unit. We find, therefore, that the Association's
contract is not a bar to a present investigation and determination of
representatives.2
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that District 50 represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.3
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
District 50 urges that all production employees and employees en-
gaged in the maintenance of production properties and equipment at
the Company's Saltville operations, including laboratory test em-
ployees, water tenders, and caustic finishers, but excluding supervisory
2 See Matter of Savannah Electric and Power Company, 48 N. L R B. 33.
a The Field Examiner reported that District 50 presented 263 membership application
cards bearing apparently genuine signatures of persons whose names appear on a current
pay roll of the Company. There are approximately 800 employees in the appropriate unit.
The Association did not present any evidence of membership but relied upon its contract
for evidence of its interest in the present proceeding. All of Distiict 50's cards are dated
after the Board's certification of March 20, 1942
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116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and community service employees, watchmen, guards, office em-
ployees, and all other laboratory employees, constitute an appropriate
unit. The Company and the Association would also include employees
in the house, general office, store and hospital departments, and
watchmen in the unit.
The parties stipulated that there has been no change in the busi-
ness and managerial organization of the Company since the date of
the hearing in the prior representation case and that the duties of the
employees in dispute are the same as they' were at that time. The
Board excluded among others the employees in the house, general of-
fice, store, and hospital departments, and watchmen as having inter-
ests and problems different from those of employees in the appropri-
ate unit, although the Company and the Association had sought their
inclusion. We find, in agreement with our prior decision, that all pro-
duction employees and employees engaged in the maintenance of pro-
duction properties and equipment at the Company's Saltville opera-
tions, including laboratory test employees, water tenders, and caustic
finishers, but excluding community service employees, watchmen,
guards, office employees, all other laboratory employees, and super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or ef-
fectively 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 La-
bor 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 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Mathieson
Alkali Works, Saltville, Virginia, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
THE MATHIESON ALKALI WORKS 117
from the date of this Direction, under the direction and supervision
of the Regional Director for the Fifth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle, III,%%Section 10, of said. Rules and Regulations, among the em-
ployees 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 they' desire to be represented by District 50, United Mine
Workers of,.America, or by Saltville-Mathieson Employees' Associa-
tion, for the purposes of collective bargaining, or by neither.