The Niles Fire Brick Co.

National Labor Relations Board - Board Decisions

Sep 10, 1940

27 N.L.R.B. 171 (N.L.R.B. 1940)

In the Matter of THE NILES FIRE BRICK COMPANY and UNITED BRICK
WORKERS L. I. U. No. 198 (C. I. 0.)
Case No. R-2013 .-Decided September 10, 1040
Jurisdiction : firebrick manufacturing industry
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em- -
ployees, including janitors but excluding supervisory and clerical employees,
mill police, watchmen, and timekeepers.
Mr. Paul Z. Hodge and Mr. George W. Secrest, of Warren, Ohio, for
the Company.
Mr. Jacob Clayman, of Niles, Ohio, for the Union.
Mr. D. M. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On Julie 14, 1940, United Brick Workers L. I. U., No. 198 (C. I. 0.)
herein called the Union, filed with the Regional Director for the Eighth
Region (Cleveland, Ohio) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Niles Fire Brick Company, Niles, Ohio, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On August 14, 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 August 15, 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 August 21, 1940, at Niles,
Ohio, before Harry L. Lodish, the Trial Examiner duly designated by
27 N. L. R. B., No. 39.
171
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Board. The Company and the Union were represented by counsel
and participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
upon the'issues was afforded all parties. During the course of the hear-
ing the Trial Examiner made several rulings upon motions and objec-
tions to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed. During the hearing the
Company made a motion to dismiss the proceedings. The Trial Exam-
iner reserved ruling on the motion for the Board.' The motion is
hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TILE COMPANY
The Company is an Ohio corporation engaged in the manufacture,
sale, and distribution of refractories, particularly firebrick. The
Company's office and plant are located at Niles, Ohio, which is only
a few miles from the boundary line between Ohio and Pennsylvania.
The Company operates clay mines in both Ohio and Pennsylvania.
The principal raw material's used in the manufacture of its product
are flint, fire clay, plaster clay; silica gravel, and lime. The Com-
pany uses coal for the purpose of firing its furnaces. During a
period of 12 months the Company spent approximately $275,000 in
the purchase of such raw materials including coal. Sixty per cent
of these materials, including coal, purchased by the Company are
shipped to its plant from points outside Ohio. Coal, which repre-
sents 25 per cent of the Company's total purchases, is purchased from
a company in Ohio, but is sent to the Company from such company's
mines in "Pennsylvania. The total sales of the Company's products
during a period of 12 months annou rated to approximately $600,000,
of which 10 per cent represents shipments to points outside Ohio.
II. THE ORGANIZATION INVOLVED
United Brick Workers L. I. U. No. 198, is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership employees of the Company.
3 Tho motion was apparently directed to a petition filed by the Union in which it was
erroneously designated as affiliated with the A F of L The Union thereafter filed a cor-
rected petition . The Order Directing Investigation and Hearing erroneously designated the
affiliation of the Union as the American Federation of Labor. That order was supplanted
by one on August 16, 1940 , correctly designating the Union ' s affiliation with the Congress
of Industrial Organizations.
THE NILES FIRE BRICK COMPANY 173
III. THE QUESTION CONCERNING REPRESENTATION
On June 1, 1940, representatives of the Union requested the Com-
pany for recognition as the sole collective bargaining agency for
employees of the Company within an appropriate unit. Company
officials, however, reserved decision until a subsequent conference
on June 8, 1940, when such recognition of the Union was denied.
We find that a question has arisen concerning the representation
of employees of the Company.
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- 1 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
During the hearing the parties stipulated that all production and
maintenance employees, excluding supervisory and clerical employees,
mill police, watchmen, and timekeepers constitute an appropriate
bargaining unit. In addition to the exclusions thus stipulated,, the
Union would exclude janitors. The only janitor now employed, Nick
Fusco, is eligible for membership in the Union, however, and janitors
were not excluded from the unit found appropriate in a previous
decision involving the same parties.' We shall include janitors within
the appropriate unit.
We find that all the Company's production and maintenance em-
ployees, including janitors but excluding supervisory and clerical
employees, mill police, watchmen, and timekeepers, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and oth-
erwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
During the hearing a statement of the Regional Director concerning
the Union's claims for representation was introduced in evidence. The
Regional Director reported therein that the Union had submitted to
,The Niles Fite Brick Company and Unite'l B77c1 Wor/ers L I U No 198, 18 N L
R. I B. 883.
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
him 247 cards of which 134 have signatures of employees in the appro,
priate unit as of June 15, 1940, authorizing the Union to represent
them for 'the purposes, of collective bargaining. , It was estimated at
the hearing that the appropriate unit contained approximately' 197
employees. We find that the question concerning representation which
has arisen can best be resolved by an election among the employees
in the appropriate unit to determine their desires with regard to
representation.
In accordance with our usual practice, we shall direct that employees
of the Company within the appropriate unit hereinbefore described,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including employees who, as
of such period, were ill, on vacation, or temporarily laid off, but ex-
cluding those who have since quit or been discharged for cause, shall
be eligible to vote in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Niles Fire Brick Company, Niles, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All the Company's production and maintenance employees, in-
eluding janitors, 'but excluding supervisory and, clerical employees,
mill police, watchmen, and timekeepers, 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 Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, A amended, it is hereby
DIRECTED that, as-part of 'the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Niles Fire Brick Company, Niles, 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 Eighth Region, acting in
this matter as agent of the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees of the Company who were
THE NILES FIRE BRICK COMPANY 175
employed during the pay-roll period immediately preceding the date
of this Direction, including janitors and employees who did not work
during such pay-roll period because they were ill, on vacation, or
temporarily laid off, but excluding supervisory and clerical employees,
mill police, watchmen, and timekeepers, and employees who have since
quit or been discharged for cause to determine whether or not they
desire to be represented by United Brick Workers L. I. U. No. 198
(C. I. 0.) for the purposes of collective bargaining.