Mosaic Tile Co.

National Labor Relations Board - Board Decisions

Feb 7, 1938

5 N.L.R.B. 133 (N.L.R.B. 1938)

In the Matter Of MOSAIC TILE COMPANY and LOCAL 560 UNITED
BRICK & CLAY WORKERS
Case No. R-498.-February 7, 1988
Clay Products Industry/-Investigation of Representatives : controversy con-
cerning representation of employees : refusal by employer to recognize petitioning
union as exclusive representative-Unit Appropriate for Collective Bargaining:
all employees except those having the right to hire and fire, office workers, and
salesmen ; stipulation , no controversy as to-Election Ordered-Petition
Dismissed : no representative chosen by employees at election.
Mr. Oscar Grossman, for the Board.
Mr. F. F. Frazier and Mr. William Holliday, of Zanesville, Ohio,
for the Company.
Mr. C. A. Maxwell, of Zanesville , Ohio, for the Union.
Mr. Richard A. Perkins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 24, 1937, Local 560, United- Brick & Clay Workers of
America, herein called the Union, filed with the Regional Director
for the Ninth Region (Cincinnati, Ohio) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Mosaic Tile Company, Zanesville, Ohio, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On October 21,
1937. 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 1,
as amended, ordered an investigation and authorized the Regional
Director' to conduct it and to provide for an appropriate hearing on
due notice.
On October 26, 1937, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the Union. Pursuant to the notice, a hearing was held on November
10, 1937, at Zanesville, Ohio, before E. G. Smith, the Trial Examiner
133
134
NATIONAL LABOR RELATIONS BOARD
duly designated by the Board. The Board, the Company, and the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and to cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. No motions were made and no objections to the admission
of evidence were raised at the hearing.
Upon the entire record in the-case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Mosaic Tile Company is an Ohio corporation engaged in the manu-
facture and sale of floor and wall tile, with its principal manufactur-
ing plant and place of business at Zanesville, Ohio. It also has a
plant at Matawan, New Jersey, and maintains sales offices and ware-
houses in San Francisco and Los Angeles, California; Chicago, Illi-
nois; New York City; and Washington, D. C. Only the Zanesville,
Ohio, plant is here involved.
The Company uses raw materials such as clay, chemicals, and color
dyes, which are obtained, in part, from Maine, Florida,.Kentucky,
and New York. The value of raw materials purchased in the period
from December 31, 1936 to September 30, 1937, was $350,000. Sales
for the same period amounted to $2,000,000. The Company manufac-
tures 15 per cent of the national production in its field, and ships 75
per cent of its output out of Ohio by motor and rail.
II. THE ORGANIZATION INVOLVED
United Brick & Clay Workers of America, Local 560, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership all production employees of the Company
at its Zanesville, Ohio, plant, excluding office workers, salesmen, and
supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
In its petition the Union claimed to represent 395 of the 648 work-
ers which it alleged were at that time employed by the Company.
At the hearing the Union claimed that at least 404 employees of the
Company were included within its membership. The Union sought
recognition as the exclusive representative of the employees of the
Company for the purposes of collective bargaining, but the Com-
pany refused such recognition in the absence of certification by the
Board. The Company indicated -a willingness to have the Board
conduct an election to determine a representative for bargaining
purposes.
DECISIONS AND ORDERS 135=,
We find that a question has arisen concerning representation of
employees of the Company at its Zanesville, Ohio, plant.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON"
COMMERCE
We find that the question concerning representation which has,
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing , the Company and the Union stipulated that all
employees of the Company on the pay roll as of June 2, 1937 , except
those having the right to hire and fire, office workers, and salesmen,.
should be eligible to vote at an election . The Company and the
Union thereby indicated that they considered all employees of the
Company, at its Zanesville , Ohio, plant , excluding those having the
right to hire and fire, office workers, and salesmen , to constitute an
appropriate unit.
We find that all employees of the Company at its Zanesville , Ohio,.
plant, excluding those having the right to hire and fire, office workers,,
and salesmen , constitute a unit appropriate for the purposes of col-
lective bargaining and that said unit will insure to employees of the.
Company the full benefit of their right to self-organization and toy
collective bargaining and otherwise effectuate the policies of the Act..
VI. THE DETERMINATION OF REPRESENTATIVES
Although the Union claims that a large majority of the employees,
of the Company within the appropriate unit are included within
its membership, no application or membership cards were submitted
in evidence at the hearing. Nor did the Union seek certification
without an election. We find that the question which has arisen
concerning the representation of employees can best be resolved by
holding an election by secret ballot.
At the hearing the Company and the Union stipulated that in the
event of an election, all employees in the appropriate unit who were
on the pay roll of the Company as of June 2, 1937, should be eligible
to vote. We find this eligibility date satisfactory.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following
80535-38-10
136 NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Mosaic Tile Company, Zanesville, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All the employees of the Company at its Zanesville, Ohio, plant,
,excluding those having the right to hire and fire, office workers, and
salesmen, constitute a unit appropriate for the purposes of collective
-bargaining, within the meaning of Section 9 (b) of the National
-Labor Relations Act.
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 Rela-
-tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
:amended,
IT IS HEREBY DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for collective bargaining
with Mosaic Tile Company, Zanesville, Ohio, an election by secret bal-
lot shall be conducted within fifteen (15) days from the date of this
Direction, under the direction and supervision of the Regional Di-
rector for the Ninth Region, acting in this matter as agent for the Na-
-tional Labor Relations Board, and subject to Article III, Section 9, of
said Rules and Regulations-Series 1, as amended, among all the em-
ployees of Mosaic Tile Company at its Zanesville, Ohio, plant, who
were employed by the Company as of June 2, 1937, excluding those
having the right to hire and fire, office workers, and salesmen, and those
who quit or were ,discharged for cause between such date and the date
of election, to determine whether or not they desire to be represented
by United Brick & Clay Workers of America, Local 560, for the
purposes of collective bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
March 12, 1938
On February 7, 1938, the National Labor Relations Board, herein
,called the Board, issued a Decision and Direction of Election in
-the above-entitled case. The Direction of Election provided that an
DECISIONS AND ORDERS 137
election by secret ballot be held among all the employees of Mosaic
Tile Company, herein called the Company, at its Zanesville, Ohio,
plant, who were employed by the Company as of June 2, 1937, ex-
cluding those having the right to hire and fire, office workers, and
salesmen, and those who quit or were discharged for cause between
such date and the date of election, to determine whether or not they
desired to be represented by United Brick & Clay Workers of Amer-
ica, Local 560, for the purposes of collective bargaining.
Pursuant to the Direction, an election by secret ballot was conducted
on February 18, 1938, at Zanesville, Ohio, under the direction and
supervision of the Regional Director for the Ninth Region (Cincin-
nati, Ohio). On February 21, 1938, the Regional Director issued and
served upon the parties an Intermediate Report on the ballot. No
exceptions to the Intermediate Report have been filed by either of
the parties.
As to the results of the balloting, the Regional Director reported
as follows:
Total number alleged eligible voters_________________________ 724
Total number votes cast____________________________________ 595
Total number unchallenged ballots for Local 560_____________ 156
Total number of unchallenged ballots against Local 560 -------- 435
Total number of challenged ballots___________________________ 4
Total number blank ballots_________________________________ 0
Total number void ballots___________________________________ 0
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the
appropriate unit. We shall accordingly dismiss the petition for
investigation and certification filed by the Union.
ORDER
Pursuant to Article III, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, it is or-
dered that the petition filed by United Brick & Clay Workers of
America, Local 560, for investigation and certification of representa-
tives of employees of Mosaic Tile Company, Zanesville, Ohio, be, and
it hereby is, dismissed.