Wellsville Firebrick Co.

National Labor Relations Board - Board DecisionsNov 26, 1942

45 N.L.R.B. 792 (N.L.R.B. 1942)

In the Matter'of WE LLsvILLE.FIEEBRICK COMPANY' and NEW FLORENCH FIREBRICK COMPANY and UNITED BRICK AND CLAY WORKERS OF AMERICA, AFFILIATED WITH AFL u Case No. R-4-603.-Decided November 06, 1942 Jurisdiction : refractory products manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to bargain with union until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding foremen, supervisors, office employees, and watchmen ; stipulation as to. Mr. Wallace Cooper, of St. Louis, Mo., for the Company. Mr. H. R. Flegal, of Mexico, Mo., and Mr. Frank Kiger, of St. Louis, Mo.; ,for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Brick and Clay Workers of America, affiliated with the A. F. L., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Wellsville, Firebrick Com- pany and New Florence Firebrick Company, Wellsville, Missouri, and New Florence, Missouri, respectively, herein called the Compa- nies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jack G. Evans, Trial Examiner. Said hearing was held at Montgomery City, Missouri, on November 6,1942. The Companies and the Union appeared, participated, and 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. Upon the entire record in the case, the Board makes the following 45 N. L. R. B., No. 119. 792 ' WELLSVILLE FIREBRICK COMPANY FINDING OF FACT 1. THE BUSINESS OF THE COMPANIES 793 Wellsville Firebrick Company and New Florence Firebrick Com- pany; are Missouri corporations engaged in the production of refrac- tory products and together operating 2 refractory plants, located at or near Wellsville, Missouri, and New Florence, Missouri, respectively. Both plants are operated under the same management. with coordina- tion in the use of raw materials, finished products, and â€¢ personnel. During the last 12 months, each of the Companies produced, sold, and distributed finished products valued in excess of $50,000, over 50 percent of which was transported from each of the plants to points outside' the State of Missouri. The Companies admit that they are engaged in commerce within the meaning of the Act. II: THE - ORGANIZATION INVOLVED United- Brick and` Clay 'Workers of American is a labor organiza- tion affiliated with the American Federation' of Labor, admitting to membership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION The Union has requested that the Companies bargain collectively with it as, representative 'of the employees of both plants as a, single unit. The Companies failed to grant the Union's request. At the hearing; the parties stipulated that a question concerning representa- tion had arisen. A statement by the Regional Director, introduced in evidence at the hearing, indicates that the Union 'represents a--substantial, number of employees in the appropriate unit.' We find that a question affecting commerce has arisen concerning the representation of the employees of the Companies within the meaning of Section 9 (c) and Section 2 (6) and (7) of the, Act. 1 The Regional Director reported that the' Union had submitted for employees of the Wellsville plant, 84 signed authorization cards dated between August 31 and October 16, 1942, inclusive, of which 76 bore apparently genuine and original signatures of persons on the current ' pay roll of the Wellsville company, containing 104 names . The Regional Director further reported that the Union had-submitted for employees of the New Florence plant, 18 signed authorization cards, of which 16: bore apparently genuine original signa- tures of persons on the current pay roll of the New Florence company; containink 40 names. After the hearing , the. Companies moved to dismiss the proceeding on the ground that the Union had made no showing that it represented any employees in the appropriate unit. The motion is hereby denied , since the Regional Director 's statement shows that the Union has made a substantial showing of representation. 794 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD IV. THE APPROPRIATE UNIT The Union and the Companies agree,-and we find, that all produc- tion and maintenance employees of the Companies, exclusive of fore- mensupervisors; office' employees, and,' watchmen; ' 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 our Direction of Elec- ' tion 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DmEC= that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Wellsville Fire- brick Company, and New Florence Firebrick Company, Wellsville, Missouri, and New Florence, Missouri, respectively, 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 10, 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 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, affiliated with A. F. L., for the purposes of collective bargaining.