Savannah Sugar Refining Corporation And Forest City Lodge #23, International Association Of Machinists, Affiliated With The American Federation Of Labor, 617 (1941)

In the Matter of SAVANNAH SUGAR REFINING CORPORATION and FOREST CITY LODGE #23, INTERNATIONAL ASSOCIATION OF MACHINISTS,

AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R l197.-Decided February 14, 1941 Jurisdiction: sugar refining industry.

Investigation and Certification of Representatives: existence of question: refusal to accord union recognition unless certified by the Board; election necessary.

Unit Appropriate for Collective Bargaining Mechanical unit comprising machinists, mechanics, lathe hands, operating mechanics, welders, sheet metal workers, boiler makers, blacksmith, and oilers, but excluding, at the request of the only union involved, pipefitters and electricians who are eligible to join craft organizations other than petitioner and who apparently have not been organized by the petitioner, found appropriate.

Mechanical employee who in settlement of 8 (3) charge was demoted to an unskilled job with first preference to fill next vacancy occurring in mechanical department, included in mechanical unit in view of reasonable expectancy of being reemployed in mechanical department.

Hitch, Denmark and Lovett, by Mr. A. B. Lovett and Mr. Robert M.

Hitch, Jr., of Savannah, Ga., for the Company.

Mr. W. B. Jarvis, of Savannah, Ga., and Mr. Paul Hutchings, of Washington, D. C., for the Union.

Mr. Gilbert V. Rosenberg, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 26,1940, Forest City Lodge #23, International Association of Machinists, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Savannah Sugar Refining Corporation, Port Wentworth, Georgia, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 7, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2,

as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On December 3, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on December 10, 1940, at Savannah, Georgia, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by the Board. The Company was represented by counsel and the Union by a representative; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and introduce evidence bearing upon the issues, was afforded all parties. During the course of the hearing the Trial Examiner ruled on several objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed.

At the conclusion of the hearing, the Company moved that the unit claimed by the Union be expanded to include four named individuals if the Board should consider that these individuals are not in the work classifications claimed by the Union to comprise the appropriate unit.

The Trial Examiner reserved decision on this motion for the Board.

The motion is hereby denied. No other motions were made at the hearing. On December 30, 1940, the Company filed with the Board a motion, a copy of which was duly served upon the Union, to correct the official report of proceedings in this matter as set forth therein. By letter dated February 5, 1941, the Company, pursuant to an agreement with the Union, amended this motion. The Union notified the Board that it has no objection to the motion, as amended. The motion as amended is hereby granted. On January 6, 1941, the Company filed a brief with the Board. On the same day, the Company filed with the Board a motion, supported by affidavit, to reopen the record and receive further evidence. On January 9, 1941, the Union filed an answer, supported by affidavit, to the Company's motion to reopen. For reasons hereinafter appearing, the motion is hereby denied.

At the request of the Company and pursuant to notice, a hearing was held before the Board in Washington, D. C., on January 7, 1941, for the purpose of oral argument. The Union appeared by counsel and participated in the argument.1 Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. TIE BUSINESS OF THE COMPANY Savannah Sugar Refining Corporation is engaged in the business of refining and selling sugar in a plant at Port Wentworth, Georgia.

1 Prior to the hearing, the Company withdrew its request for oral argument and it did not appear at the hearing.

619 During 1939, the Company purchased approximately 450,000,000 pounds of raw sugar, all of which was obtained outside the State of Georgia. During the same period the Company sold approximately...