Vogue Pottery Co.

National Labor Relations Board - Board DecisionsFeb 25, 1946

65 N.L.R.B. 1370 (N.L.R.B. 1946)

In the Matter Of VOGUE POTTERY COMPANY and FEDERATION OF GLASS, CERAMIC AND SILICA SAND WORKERS OF AMERICA, C. I. O. Case No. 11-R-892.-Decided February 25, 1946 Kahn, Little, Dees d Kahn, by Mr. Isidor Kahn, of Evansville, Ind., for the Company. Holmes, Lewis d Menendez, by Mr. W. T. Lewis, of Columbus, Ohio, for the C. 1. 0. Mr. H. R. Turney, of Chicago, Ill., for the A. F. of L. Mr. Harry W. Clayton, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Federation of Glass, Ceramic, and Silica Sand Workers of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Vogue Pottery Company, Huntingburg, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Clifford L. Hardy, Trial Examiner. The hearing was held at Hunt- ingburg, Indiana, on January 4, 1946. The Company, the C. 1. 0., and United Brick & Clay Workers of America, Local Union No. 810, A. F. of L., herein called the A. F. of L., appeared and participated 1 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 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 Vogue Pottery Company is an Indiana corporation, incorporated in 1945, with its only plant at Huntingburg, Indiana, where it is 1 At the beginning of the hearing the Trial Examiner granted the Motion to Intervene made by the A. F. of L. 65 N. L. R. B., No. 228. 1370 VOGUE POTTERY COMPANY 1371 engaged in the manufacture of pottery. During the year 1945 the Company purchased glazing material from outside the State of In- diana valued at over $5,000. During the same period the Company sold finished products valued in excess of $25,000, of which approxi- mately 75 percent was shipped to points outside the State of Indiana. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. U. THE ORGANIZATIONS INVOLVED Federation of Glass. Ceramic and Silica Sand Workers of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. United Brick & Clay Workers of America, Local Union No. 810, is a labor organization, affiliated with the American Federation of La- bor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about . September 20, 1945, the C. I . O. and the Company en- gaged in a telephone conversation , in which the C. I. O. requested recognition as the exclusive bargaining agent, and the Company refused such recognition unless and until the C. I. O. was certified by the National Labor Relations Board. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C . I. O. represents a substantial number of em- ployees 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 meaning of Section 9 (c) and Section 2 (6) and ( 7) of the Act. IV. THE APPROPRIATE UNIT In accordance with an agreement of the parties at the hearing, we find that all production and maintenance employees of the Company, except for the ceramic engineer, office clerical employees, plant man- ager, superintendent, foremen, and all other supervisory employees with authority to hire, promote,-discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. The Field Examiner reported that the C . I. O. submitted 113 authorization cards, bearing the names of 75 employees listed on the Company' s pay roll of October 1, 1945, and that all the cards were dated between August and November 1945; and that the A. F. of L. submitted 31 authorization cards, bearing the names of 25 employees, listed on the same pay roll, and the cards were dated from August to November 1945. There are approximately 103 employees in the appropriate unit. 1372 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD 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 employees 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 Re- lations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Vogue Pottery Company, Huntingburg, Indiana, 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 Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject 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 not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election to determine whether they desire to be represented by Federation of Glass, Ceramic and Silica Sand Workers of America, C. I. 0., or by United Brick & Clay Workers of America, Local Union No. 810, A. F. of L., for the purposes of collective bargaining, or by neither.