Harbison-Walker Refractories Co.

National Labor Relations Board - Board Decisions

Sep 15, 1942

43 N.L.R.B. 1398 (N.L.R.B. 1942)

In the Matter of HARBISON -WALKER REFRACTORIES COMPANY and
UNITED BRICK AND CLAY WORKERS OF AMERICA (AFL)
Case No. R-4151.-Decided September 15, 1949
Jurisdiction : refractory material manufacturing industry.
Investigation and Certification of Representatives : existence of question: stipu-
lation as to; election necessary.
Unit Appropriate for Collective Bargaining : unit confined to production and
maintenance employees at one of Company's plants held appropriate notwith-
standing Company's contention that the appropriate unit should comprise two
of its plants ; supervisory and clerical employees, shipping clerks,- watchmen,
and miners eueluded.
Fry and Edwards , by Mr. W. Wallace Fry, of Mexico , Mo., and
Mr. A. H . Jordon of Fulton, Mo., for the Company.
Mr. H. R . Flegal and Mr. Howard R. Hill, of St . Louis, Mo., for the
Clay Workers.
Mr. James T. Nash and Mr. Jack Lindsey, of St. Louis, Mo., for the
UCW-UMW.
Miss Melvern R . Krelow, 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 (AFL), herein called the Clay Workers,. alleging, that a
question affecting commerce had arisen 'concerning the representa-
tion of employees of Harbison-Walker Refractories Company, Van-
dalia, Missouri, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before William W. Ward; Jr., Trial Examiner. Said hearing was
held at Vandalia, Missouri, on August 11, 1942. The Company, the
Clay Workers, and United Construction Workers, Division of District
50, United Mine Workers of America, herein called the UCW-UMW,
appeared, participated, 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.
43 N. L. R. B., No. 224.
1398
H,ARBISOaN'-WALKER REb RACTORIES COMPANY 1399
Upon the entire record in the case,' the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Harbison-Walker Refractories Company' is a Pennsylvania cor-
poration, having its principal office and place of business at Pitts-
burgh, Pennsylvania. The Company operates 20 plants located in
Texas, Indiana, Ohio, Kentucky, Alabama, Pennsylvania, and Mis-
souri. This proceeding involves the Vandalia, Missouri, plant, where
the Company is engaged in the manufacture, sale, and distribution
of firebrick and refractory products. During the last 6 months of
'1941, the Company purchased-for use in its Vandalia plant raw
materials valued at approximately $74,000.00, of which about 25
percent was shipped to the plant from points outside the State of
Missouri. During the same period, the Company manufactured
finished products valued at approximately $1,000,000.00, of which
about 98 percent was shipped from the plant to points outside the
State of Missouri.
II. THE ORGANIZATIONS INVOLVED
United Brick and Clay Workers of America is a labor organization
affiliated with the American Federation of Labor. It admits to
membership employees of the Company.
United Construction Workers, Division of District 50, United Mine
Workers of America, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
had arisen in that on or about June 15, 1942, the Clay Workers
notified the Company that it represented a majority of the Com-
pany's employees at its Vandalia, Missouri, plant, and requested a
conference. At a conference on July 2, 1942, the Company questioned
the Clay Workers' claim of a majority and the appropriateness of
the unit.
A statement of the Trial Examiner made at the hearing indicates
that the Clay Workers and UCW-UMW each claims to represent a
substantial number of the employees of the Company in 'the unit
hereinafter found to be appropriate.'
3 The Company submitted its pay roll of July 31, 1942, to the Trial Examiner , and the
unions submitted evidence in support of their claims of representation . The Trial Exam.
iner checked the evidence submitted against the pay roll He reported that the Clay-
1400 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
We find that it 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT '
The unions contend that all production and maintenance employees
of the Company at its Vandalia, Missouri, plant, including working
gang leaders, but excluding foremen, supervisory employees with
authority to hire and discharge, clerical employees, shipping clerks,
and watchmen, constitute an appropriate unit. They further contend
that the employees working at the Osage and Casconadi pits, although
,on the Vandalia plant pay roll, should not be included in the unit.
The Company contends that the appropriate unit should comprise
both the Vanclalia and Fulton plants, including miners on the pay
rolls of both plants.
The Company has two manufacturing plants in Missouri, one at
Vandalia and one at Fulton. Fulton is approximately 50 miles by
rail from Vandalia.
The clay which is used in the manufacturing operations of the Van-
dalia and Fulton plants lies mostly in pockets and pits contained in
several contiguous counties in Missouri. There is one mine directly
connected with tile. Vanclalia plant which furnishes only about 15
percent of the clay needed in its operations. There are several pits
iii the vicinity of Fulton, from which the Vandalia plant receives
the greater portion of its clay. There are 64 miners employed by the
Company in these pits, who are oii the Fulton pay roll. The Osage
and Casconadi pits, which are south of the Fulton plant and ap-
proximately 100 miles from the Vandalia plant, supply most of the
clay mined from them to Fulton. The 45 miners employed at these
pits, however, are on the Vandalia pay roll.
The Company's main office is in Pittsburgh, Pennsylvania. Orders
are received by the Vandalia and Fulton plants from Pittsburgh, and
are partially filled by each. Each plant has a separate pay roll. -
The same products are manufactured by both plants. The wages,.
Workers presented 217 cards bearing apparently genuine signatures , dated between April
and August 1942. Of the 217 cards submitted, 171 bore-the names of persons whose
names appear on the Company's pay roll He further reported that the UCW-UMW sub-
mitted 127 cards of the United Construction Workers Organizing Committee , ' bearing
apparently genuine signatures , dated between April and August 194? Of- the 127 cards
presented , 105 bore the names of poisons whose names appear on the Company's pay roll
James T. Nash, representing the UCW-UMW, stated that in July 1942, the United Con-
struction Workers Oiganizing Committee affiliated itself with the United Aline Workers
of America
There are 558 names contained on the pay ioll submitted by the Company . This pay
roll contained 45 names of persons employed by the Company at its Osage and Casconadi
clay pits , which are approximately 100 miles from Vandalia.
i
ELARBISO\-WALKER REFRACTORIES COMPANY 1401
hours, and working conditions of all the employees are similar.
Production at the Fulton plant is approximately one-third of that
at Vandalia. There are transfers of employees in the Vandalic plant
from one operation to another, and occasionally employees at either
plant may be transferred to the other., The miners engaged in work
at the Osage and Casconadi pits are not transferred to the Vandalic
plant. Each of the plants is in charge of a superintendent and there
are also three -mine superintendents. All superintendents work di-
rectly under the direction and supervision of the district manager.
Under the circumstances, we conclude that" the Vandalia plant can
properly function as a single bargaining unit.
It appears that the miners employed at the Osage and Casconadi
pits have not been organized by either union. For this reason and
in view of the distance of the pits from the plant herein involved
and the fact,that these employees have not engaged in work at the
Vandalia plant, we shall exclude these employees from the unit. ,
We find that all production and maintenance employees of the
Company at its Vandalia, Missouri, plant, including working gang
leaders, but excluding foremen, supervisory employees with authority
to hire and discharge, clerical employees, shipping clerks, watchmen,
and the miners employed in the Osage and Casconadi pits, 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our 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 8, of National Labor Rela-
tions 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 Harbison-Walker
Refractories Company, Vandalia, Missouri, 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 super-
vision of the Regional Director for the Fourteenth Region, acting in
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, 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 not work during
said period because they were iltor on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by United Brick
and Clay Workers of America (AFL), or by United Construction
Workers, Division of District 50, United Mine Workers of America, for
the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.