Plibrico Jointless Firebrick Co.

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 372 (N.L.R.B. 1943)

11
In the Matter Of PLIBRICO JOINTLESS FIREBRICK Co. and UNITED BRICK
& CLAY WORKERS or AMERICA, A. F. L., LOCAL #891
Case No. R-5377.-Decided June 10, 1943
Mr. Chester P. Fitch, of Portsmouth, Ohio, and Mr. S. B. Kirkpat-
rick, of Oak Hill, Ohio, forthe Company.
Mr. Leo DeLong, of Jackson, Ohio, for the A. F. of L.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION 'OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Brick & Clay Workers of
America, A. F. L., Local #891, herein called the A. F. of L., alleging,
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Plibrico Jointless Firebrick Co., Firebrick,
Ohio, herein called the Company, the National Labor Relations"Board
provided for an appropriate hearing upon due notice before Roy O.
Hoffman, Trial Examiner.- Said hearing was held at Jackson, Ohio,
on May 17, 1943. The Company and the A. F. of L. appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence, bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. The Com-
pany has filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Plibrico Jointless Firebrick Co. is an Illinois corporation having
offices and plants in several States. This proceeding concerns the
employees of the Company at the plant in Firebrick, Ohio, where the
Company is engaged in the mining of clay and the manufacture of
50 N. L. R. B., No. 54.
372
PLIBRICO JOINTLESS FIREBRICK CO. 373
refractories. Approximately 5 percent of' the raw materials used
at this plant is shipped to the Company from points outside Ohio; and
approximately 50 percent of the production of the plant is shipped
to,points outside Ohio.
The'Company concedes for the purpose of this proceeding tthat it is
engaged in commerce within the meaning of the National Labor
Relations Act. •
H. THE ORGANIZATION INVOLVED
United Brick & ,Clay Workers of America, A. F. L., Local #891,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of • the Company.
III. THE QUESTION CONCERNING' REPRESENTATION
It was stipulated at the hearing that on March 30, i943, the
'A. F. of L. requested recognition' of the Company as exclusive bar-
gaining representative of the Company's production and maintenance
employees, and that the Company refused torecognize the A. F. of L.
on the ground that a recent consent election had shown conclusively
that the employees did not desire such representation.
On November 29, 1942, pursuant to agreement between the parties,
-an election was held among the employees of the Company to-de-
termine whether or not they desired to be'represented for 'the purposes
of collective bargaining by the A. F. of L.,,which was the only labor
organization appearing on the ballot. The employees chosen by a vote
of 23 to 20 not to designate the A. F. of L. as their bargaining agency.
The Company argues that such a determination by the employees
,should be binding on all the parties for a period'of at,least one year,
and that consequently, no election should be directed at this time.
Six months have elapsed since the consent election and the record
discloses that the A. F. of L. now has authorization cards, dated'
subsequent to the election, which purportedly have been signed by a
majority of the Company's employees.' Since no collective bargain-
ing representative was chosen as a result of the consent election, and
since a majority of the Company's employees now appear to have
indicated a desire for representation by the A. F. of L., we believe
3 The Field Examiner stated that the A. F. of L. submitted 22 authorization cards of
which , 17 bore apparently genuine original signatures . The cards were dated since March
1, 193, and 17 of them bore the names of persons whose names appear on the Company's
pay roll of April 29, 1943. Said pay roll lists the names of 31 employees within the
appropriate unit. '
,536105-44-vol. 50-25
374 DEICQSQONS' OF 'NATIONAL LABOR RELATIONS BOARD
that the policies of the Act will best' be effectuated by conducting an
,election on the present petition 2
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
By stipulation at, the hearing, the parties agreed to a unit embrac-
ing all production and maintenance employees of the Company
'excluding foremen, clerical workers, and all others having the-right
to hire and discharge. . ,
In accordance with the agreement of the parties and 'with our
settled policy, we find that all production and maintenance employees
of the Company at its plant in Firebrick, Ohio, excluding foremen,
clerical workers, and all other employees having the authority to hire
or discharge or to recommend such action, constitute a unit appropri-
ate 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
11
1
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 Relations
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 Plibrico Jointless
Firebrick Co., Firebrick, 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 Ninth Region, acting in this matter as agent
,for the, National Labor Relations Board, and subject to' Article III,
See Matter of New York Central Iron Works, 37 N L R B. 894, where the Board
directed an election 8 months after the prior election. In Matter of Southport Petroleum
Company of Delaware, 39 N. L. R B. 257, the Board directed an election 6 months after
the prior election In Matter of Detroit Nut Company, 39 N. L R. B. 739, the Board
directed an election 8 months after the prior election
PLIBRICO JOINTLESS FIREBRICK CO. 375
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 temporarily laid off,
and including employees in the armed forces of the United States
who present themselves in person at the polls , but excluding any who
have since quit or been discharged for cause , to .determine whether or
not they desire to be represented by United Brick & Clay Workers of
America, A. F. L., Local #891, for the purposes of collective bar-
gaining.
1