Garfield Refractories Co.

National Labor Relations Board - Board Decisions

Mar 7, 1944

55 N.L.R.B. 287 (N.L.R.B. 1944)

In the Matter of GARFIELD REFRACTORIES COMPANY and UNITED CON-
STRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS
OF AMERICA
Case No.- 6-R-901.-Decided March 7, 1944
Mr. Abner H. Goldman, of Cleveland, Ohio, Mr. Fram1t Rugh, of
Jeanette, Pa., and Mr. Kenneth Rugh,' of Bolivar, Pa., for the
Company.
Mr. Rudolph Mihelic, of Johnstown, Pa., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, Divi-
sion of 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 Garfield Refractories
Company, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
W. G. Stuart Sherman, Trial Examiner. Said hearing.was, .held at
Pittsburgh, Pennsylvania, on February 11, 1944. The Company and
the Union appeared and participated. 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 an 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
Garfield Refractories Company, a Pennsylvania corporation, -is
engaged in the mining of fire clay and the manufacture of refractory
55 N. L. R. B., No. 52.
287
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
products. The Company's main office is located at Bolivar, Pennsyl-
vania, and it operates a plant at Bolivar, a mine near Altoona, at
Kittanning Point, and a dust mill at Cresson, all in Pennsylvania.
Only the mine at Kittanning Point and the dust mill at Cresson are
involved in this proceeding. The crude fire clay produced at. the
Kittanning Point mine is processed at the Cresson mill and the Bolivar
plant. During 1943, the Company produced clay of an approximate
value of $30,000, of which at least one-sixth was shipped to points
outside the State of Pennsylvania, the bulk of the remainder being
shipped to the Bolivar plant, where, together with fire clay obtained
from other sources within the State, it was used in the manufacture
of refractory products valued at more than $250,000, of which approxi-
mately 15 percent was shipped to points outside Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, Division of District 50, United
Mine Workers of America, is a labor organization, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING - REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain employees of the
Company until the Union has been certified by the Board in an ap-
propriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Company's strip
and deep mine, known as its Kittanning Point mines, and at the Com-
pany's dust mill at Cresson, Pennsylvania, but excluding supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
3 The Field Examiner reported that the Union submitted 15 membership application,
cards and that there are 2S employees in the alleged appropriate unit.
GARFIELD REFRACTORIES COMPANY 289
mend 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 an -election by secret ballot among the em-
ployees 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 Rela-
tions Board Rules and Regulations-Series 3, it'is hereby
DI'R'ECTED that, as'part of the investigation to ascertain represents;
tives for the purposes of collective bargainilg with Garfield Re-
fractories Company, Bolivar, Pennsylvania, an election by`}secret
ballot shall be conducted as early as possible lout not later than thirty
(30) days • from the date of this Direction, under • the direction and
supervision of the Regional Director for the Sixth Region,, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and "11, 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
riot' work' during said pay-roll period because they, were ill or o'n
vacation or temporarily laid off, and including employees in the armed
fo `rces of the United States who present themselves in person at the
polls, but excluding those employees who have since quite 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 Construction Workers, Division of Dis-
trict 50, United Mine Workers of America, for the purposes of, col-
lective bargaining.
MR. JOHN Al. HOUSTON took no part in the consideration of the'above
Decision and Direction of Election. - '
55781_9-44-col 55--20