Walsh Refractories Corp.

National Labor Relations Board - Board DecisionsAug 31, 1942

43 N.L.R.B. 846 (N.L.R.B. 1942)

In the Matter Of WALSH REFRACTORIES CORPORATION and UNITED BRICK AND CLAY WORKERS OF AMERICA, LOCAL No. 806, AFTHaATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-4115.-Decided August 31, 1942 Jurisdiction : refractory products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition: election in which petitioner failed to poll a majority, conducted approximately one year prior to filing of petition, held no bar when since that time petitioner had made a larger showing of support; election necessary. Unit Appropriate for Collective Bargaining : all employees in one of Company's plants, excluding supervisory, assistant supervisory, clerical employees, and watchmen ; stipulation as to. Mr. A. M. Menji and Mr. Wallace Cooper, of -St. Louis, Mo., for the Company. Mr. H. R. Flegal and Mr. Howard Hill, of St. Louis,, Mo., for the Union. Mr. Joseph E. Gubbins, 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, Local No. 806, affiliated with the A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Walsh Refractories Corporation, Vandalia, Missouri, herein called the Company, the Na- tionalLabor Relations Board, provided for an appropriate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held at St. Louis, Missouri, on August 3, 1942. The Com- pany and Union appeared, participated, and were afforded full,op- portunity 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. ,Upon the entire record in the case, the Board makes the following: 43 N. L. It. B., No. 137. - 846 WALSH REFRACTORIES CORPORATION FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 847,' 0 Walsh Refractories Corporation is a Missouri corporation. It oper- ates, among other enterprises, a plant near Vandalia, Missouri, where it is engaged in the manufacture of refractories products. The raw materials used in the manufacture of the aforesaid products' are, ob- tained within the State of Missouri. During the year 1941,66 Com- pany sold within the State of Missouri products valued at approxi- mately $10,000. During the same period, the Company shipped ilk interstate commerce products having a value aggregating $100,000. The amount and proportion of the business of the Company which moves in interstate commerce has continued unchanged to,the present time. - II. THE ORGANIZATION INVOLVED United Brick and Clay Workers of America, Local No. 806,'affiliated with the A. F. of L., is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union , on June 19 , 1942, requested recognition from the Com- pany as the exclusive representative of the Company 's -employees. The Company . has refused to accord such recognition unless and until the Union has been certified by the Board . At the hearing the Com- pany moved to dismiss on the ground that the Union failed to poll a majority of the'votes cast in an election held on November 28, 1941,1 and that the Union has not made a sufficient additional showing of'- representation to justify the Board in directing an election within 1 year after that election . A statement ' of the Regional Director, in- troduced in evidence, indicates that the Union has made a larger show- ing of support than it had at the time of the prior election and-now represents a substantial number of the employees within the unit hereinafter found to be appropriate .2 On these facts , a second eleetion may appropriately be directed - at this time.3 1 See 38 N. L It B 925. The balloting and results were reported'by the Regional Director as follows Total on eligibility list 152, total ballots cast 141, total valid votes counted 133, votes cast for the Union 55, votes cast' against the Union 78. 2 The Regional Diiector reported that the Union hasâ€¢ 110 signed membership cards, all ofiwhich appear to bear genuine signatures and all of which are dated between February and July 1942. The appropriate unit comprises about 170 employees. 3 See Matter of Chrysler Corporation and International Union, United Aircraft R Agri- cultural Implement lVorlers of America, affiliated with the C. 1 0., 37 N. L R. B. 877; See also, Matter of New York Central Iron Works, Hagerstown, Maryland, and Inte,na- tional Association of Bridge, Structural and Ornamental Iron Workers Shopmen'sâ€žLocal Union #603, 37 N. L R. B. 894. ' 848' DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all employees in the Company's plant `at Vandalia, Missouri, excluding supervisory, assistant supervisory, and clerical employees, and watch- men, 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Directionâ€¢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, itnd 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 Walsh Refractories Corporation, 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 supervision of the Regional Director for the Fourteenth. Region, acting in this matter As agent for the National Labor Relations Board and subject 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 such pay-roll period because they were ill or 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 or not they desire to be represented by United Brick and Clay Workers of America, Local No. 806, affiliated with the A. F. of L., for the purposes of collective .bargaining. CHAIRMAN MILLiu took no part in the consideration of the above Decision and Direction of Election.