United Brick and Tile Co.

National Labor Relations Board - Board Decisions

Nov 25, 1946

71 N.L.R.B. 763 (N.L.R.B. 1946)

In the Matter of UNITED BRICK AND TILE COMPANY. EMPLOYER and
INTERNATIONAL UNION OF MINE, MILL AND S _IIELTER WORKERS, CIO,
PETITIONER
Case No. 18-R-1548.Decided November 25, 19461
Mr. Walter F . Maley, of Des Moines , Iowa, for the Employer.
Messrs . Floyd Piper and Hairy Bootle , both of Des Moines, Iowa,
for the Petitioner.
Mr. Warren Lelavad, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TILE CASE
Upon a petition duly filed the National Labor Relations Board,
on June 17, 1946, conducted a prehearing election among employees
of the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 30 eligible
voters of whom 26 cast valid ballots, 15 of which were for the Peti-
tioner and 11 against.
Thereafter, hearing in the case was held at Des Moines, Iowa, on
July 17, 1946, before Gerald P. Leicht, hearing officer, and on October
18, 1946, before Clarence A. Meter, hearing officer. At the hearing,
and in its brief, the Employer moved that the proceeding be dismissed.
For reasons stated in Sections I and V, infra, the motion is hereby
denied.' The rulings of the hearing officers made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
'The Emplo3er in its reply brief moved that essentially the whole brief of the Peti-
tioner be striken because it contains no matter germane to the issues in this case We
find the Employee's contention without sufficient merit and the motion is hereby denied.
71 N L. R. B., No. 130.
763
764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
United Brick and Tile Company, a Delaware corporation with its
principal office at Kansas City, Missouri, is engaged in the manufacture
of clay products at plants located in various states in the United
States. We are concerned in this proceeding only with the Em-
ployer's plant located at Des Moines, Iowa. During the period from
January 1, 1946, to September 1. 1946, the Employer purchased raw
materials for its Des Moines plant, consisting principally of coal, fire
brick, steel, machinery, and electrical equipment, valued in excess of
$40,000, approximately 50 percent of which was received from points
outside the State of Iowa. During the period from July 1, 1946, to
October 18, 1946, the Employer manufactured approximately 1,260,000
bricks at its Des Moines plant. Because of the great local demand for
brick, the Employer has not yet shipped its products to points outside
the State of Iowa. It is clear, however, that such shipments will be
made in due course.
Despite the Employer's contention to the contrary, we find that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act?
If. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Iii. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate emit.
We find that a question affecting commerce has arisen concerning -
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find in accordance with the Petitioner's unopposed request, that
all production and maintenance employees employed at the Employer's
Des Moines, Iowa, plant, excluding office employees and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
2 See Matter of General Motors Corporation, Eastern Aircraft , Linden Division, 44
N L R B 513.
UNITED BRICK AND TILE COMPANY 765
ommend 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
The Employer urges that the prehearing election was improper and
that no certification should issue because it proposes in the near future
to increase its complement of employees from about 45, employed at
the time of the prehearing election, to approximately 75. Futhermore,
the Employer asserts that its present staff of employees is not a rep-
resentative group, as it is now comprised of laborers and repairmen,
who will eventually be replaced by skilled or semi-skilled production
workers.
The record reveals that the Employer's Des Moines plant has been
closed for approximately 8 years, and repair and construction workers
were employed in October 1945 to ready the plant for resumed pro-
duction. By June 17, 1946, the date of the prehearing election, ap-
proximately 45 unskilled workers were so employed. On July 1, 1946,
the Employer commenced production on a small scale, expecting to
increase its output progressively, until it would operate a maximum of
13 kilns. On October 18, 1946, there were still approximately 45 work-
ers employed, and as many as 10 kilns were in operation.
The record shows the Employer hired its present complement of
workers as laborers and repairmen with the understanding that, if
possible, they would be used for regular production. While the Em-
plover would prefer to utilize experienced men for its regular produc-
tion work, it is admittedly unable to secure such personnel. Of neces-
sity, therefore, the unskilled employees, who have been performing
regular production duties, may be retained indefinitely. It is clear
that the voting unit in which the election was held cannot be regarded
in any way as having been an unrepresentative group. We are also
of the opinion that the prehearing election of June 17, 1946, was proper,
and we can perceive no va]id reason why a certification should not now
issue.3
However, in view of the possible expansion of the appropriate unit
to more than twice its size at the tune of the prehearing election 4 we
shall entertain a new petition for investigation and certification of
representatives affecting the employees involved herein within less than
a year, but not before the expiration of 6 months from the date of the
certification which we are issuing in the instant proceeding, upon proof
As noted above, the Petitioner has received a majority of the valid votes cast we
shall therefore, certify the Petitioner as the collective bargaining representative of
the employees in the appropriate unit.
4 There were approximately 30 eligibles, and the anticipated increase in the Em-
ployer's staff may more than double the number in the appropriate unit at the time of
the election.
766 DECISIONS OF NATIONAL LABOR REI:ATIONS BOARD
(1) that the number of employees in the appropriate unit is more than
double the number eligible to vote in the prehearing election of June
17, 1946; and (2) that the petitioning union represents substantial
number of employees in the expanded appropriate unit.5
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Union of Mine, Mill &
Smelter Workers, CIO, has been designated and selected by a majority
of all production and maintenance employees employed by United
Brick and Tile Company , at its Des Moines , Iowa, plant, excluding
office employees , and all supervisory employees with authority to hire,
promote, discharge , discipline , or otherwise effect changes in the status
of employees , or effectively recommend such action, as their representa-
tive for the purposes of collective bargaining , and that pursuant to
Section 9 (a) of the Act, the said organization is the exclusive rep-
resentative of all such employees for purposes of collective bargaining
with respect to rates of pay, wages, hours of employment , and other
conditions of employment.
5 See Matter of Aluminum Company of America , 52 N. L R B. 1040.