Cambria Clay Products Co.

National Labor Relations Board - Board DecisionsDec 6, 1943

53 N.L.R.B. 1175 (N.L.R.B. 1943)

In the Matter Of CAMBRIA CLAY PRODUCTS COMPANY and UNITED BRICK AND CLAY WORKERS OF AMERICA, LOCAL No. 879, A. F. OF L. Case No. 9-R-1141.-Decided December 6, 1943 Mr. Chester P. Fitck, of Portsmouth, Ohio, for the Company. Mr. Leo DeLong, of Jackson, Ohio, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Brick and Clay Workers of America, Local No. 879, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of .Cambria Clay Products Company, Oak Hill, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. Said hearing was held at Portsmouth, Ohio, on November 9, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses , and to intro- duce 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 1. THE BUSINESS OF' THE COMPANY Cambria Clay Products Company is an Ohio corporation operat- ing clay and coal mines and a gravel pit at Blackfork and Jackson County, Ohio. The Company also operates brick and silica plants. The entire production of the mines and gravel pit is used by the Company at its plants. During the 12-month period ending June 53 N. L. R..B., No. 211. 1175 1176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 30, 1943, the Company produced about 12,000,000 bricks at its plants, approximately 75 percent of which was shipped to points outside the State of Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Brick and Clay Workers of America, Local No. 879, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collec- tive bargaining representative of the employees at the mines and gravel pit. A statement of a Field Examiner of the Board, introduced into evi- dence at 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 The Union urges that all production and maintenance employees of the Company at its combination coal and clay mine at Blackfork, Ohio, the coal mine at Blackfork, Ohio, and at the gravel pit in Jackson County, Ohio, excluding clerical and supervisory employees, constitute an appropriate unit. The Company took no position with respect to the unit at the hearing, but at a meeting with the Union in January 1943 took the position that any unit which did not consist of all the employees in the mines and gravel pit was not appropriate. The Company's employees at its brick and silica plants are presently covered by a contract between the Company and the Union. The entire production of the employees involved herein is used by the Company at its brick and silica plants. We conclude that the unit requested by the Union in the instant proceeding is appropriate. We find that all production and maintenance employees of the Com- pany at its combination coal and clay mine at Blackfork, Ohio, at the coal mine at Blackfork, Ohio, and at the gravel pit in Jackson County, Ohio, excluding clerical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect 'The Field Examiner reported that the Union presented 8 authorization cards , bearing apparently genuine signatures of persons whose names appear on a current pay roll of the Company . There are 20 persons in the appropriate unit. CAMBRIA CLAY PRODUCTS COMPANY 1177 changes in the status of employees, or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining, 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 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 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cambria Clay Products Company, Oak Hill, Ohio, 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 Labor Relations Board and subject to Article III, Sections 10 and 11, 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 such 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Brick and Clay Workers of America, Local No. 879, affiliated with the American Federation of Labor, for the purposes of collective bargaining. , MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.