The Hydraulic Press Brick Co.

National Labor Relations Board - Board Decisions

Feb 2, 1943

47 N.L.R.B. 286 (N.L.R.B. 1943)

In,the Matter of THE HYDRAULIC PRESS BRICK'.CoMPANY and UNITED
PAVING AND BUILDING SUPPLY WORKERS LOCAL INDUSTRIAL UNION,
#1221, C. I. O.
Case No. R-4738.-Decided February E, 1943
Jurisdiction : building supplies manufacturing industry.
Investigation and Certification of Representatives : existence of question re-
fusal to recognize until dispute concerning successorship of originally certified
union was resolved; prior certification less than one year old held no bar to,
when union originally certified could no longer be identified following union
schism and identity of its successor was a matter of unresolved dispute ; choice
of "neither" on ballot held proper when election was directed to resolve con-
flicting claims of successorship to union originally certified before union schism
and was not a run-off election between unions' involved ; ` election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees at one plant of a building supplies manufacturer, including watchmen,
but excluding general office and supervisory employees; stipulation as to.
Mr. Gardner L: Boothe, of Alexandria, Va., and Mr. Henry E.
Stringer, of Washington, D. C., for the Company.
Mr. Sidney R. Katz, of Washington, D. C:, for the Paving Workers.
Mr. Yeliverton Cowherd, of Washington, D. _ C., for the UCW-
UMW.
Mr: Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Paving and Building Supply
Workers Local Industrial Union, #1221, C. I.( 0., herein called the
Paving Workers, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Hydraulic
Press Brick Company, Arlington County, Virginia, herein called the
Company, the National Labor Relations Board provided for an ap-
,propriate hearing upon due notice before Earle -K. Shawe, Trial
Examiner. Said hearing was held at Washington, D. C., on January
8, 1943. At the commencement of the hearing the Trial Examiner
-47N L. R. B, No. 30.
286
THEE HYDRAULIC PRESS BRICK COMPANY 287
granted a motion of United Construction Workers, Local 30, Division
of District 50, affiliated with the United Mine Workers of 'America,
herein called UCW-UMW, to intervene. - The Company, the Pav-
ing Workers, and the UCW-UMW 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 :
a
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Hydraulic Press Brick Company' is a Missouri corporation
engaged in the manufacture- and sale of building supplies, building
brick,' and Haydite. We are here concerned with its. plant in
Arlington County,_Virginia, known as the Waterloo plant. During
1942 the Company purchased raw materials for use at its Waterloo
plant valued at about $40,000, approximately 50 percent of which was'
shipped,to it from points outside Virginia. During the same period
the Company sold finished products from its Waterloo plant valued
at about $250,000, approximately 75 percent of which was shipped to
points outside Virginia. The Company admits, for the purpose of
this proceeding, that it is engaged in commerce within the meaning
of the National Labor Relations Act.
IL THE ORGANIZATIONS INVOLVED
United Paving and Building Supply Workers Local Industrial
Union, #1221, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.,
United Construction Workers, Local 30, Division of District 50,
is a labor organization affiliated with the United Mine Workers of
America, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 6, 1942, United Construction Workers, Local 30, herein
called Local 30;established by the Congress of Industrial Organiza-
tions, herein called the C. I. 0., filed a petition covering the employees
involved herein. - Thereafter, the Company and the C. I. O. entered
into a Consent Election Agreement, and an election was conducted
pursuant thereto on June 11, 1942. On June 16, 1942, the' Regional
I
288 DEiOISIONS OF NATIONAL LABOR RELATIONS BOARD
Director certified to the parties that a majority of the employees'had
designated Local 30 as their exclusive bargaining representative. On.
June 4, 1942, certain officials of United Construction Workers Organ-
izing Committee, herein called the U.. C. W. O. C., and District, 50,1
United Mine Workers of America, executed an agreement purporting.,
to affiliate with District 50 the local unions established by the
U. C. W. O. C. and thereby creating the UCW-UMW. On June 6;
_ 1942, the UCW-UMW issued a new charter to Local 30.
On June 11, 1942, the day of the consent election, the C. I. O.
announced, in substance, that the agreement of June 4, 1942, was unau-
thorized and invalid, that the local unions established by the
U. C. W. O. C. would be allowed to determine for themselves the
question of their affiliation, and that the U. C. W. O. C. was dissolved.
On June 24, 1942, the C. I. O. issued a charter setting up the Paving
Workers, which the C. I. 0 contends is the successor to Local 30.
During the latter part of Julie 1942 the Company and the UCW
UMW held several bargaining conferences. 'On June 26, 1942, the
Paving Workers advised the Company that it was the successor to
Local 30 and requested the Company to recognize it as exclusive bar-
gaining agent of the Company's employees. The Company thereupon
refused to deal 'further with either the UCW-UMW or, the Paving
Workers until such time as the dispute was resolved by the Board.
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence,at the hearing, indicate that the Paving Workers
and the UCW-UMW each represents a substantial' number of,
employees in the unit hereinafter found to be appropriate.'
The UCW-Ul\2W, contends. ,that it is the legitimate successor to
'Local 30, and that, as such, it is entitled to recognition as the exclusive
representative pursuant to the Regional Director's certification of
June 16, 1942; and that its certification constitutes a bar to a present
determination of representatives. The Paving Workers claims that
it is the successor to Local 30 but desires that an election be held.
As a general rule, the Board will not proceed with an investigation
as to representation where there exists a valid certification less than
a year old, of an active labor organization of clearly established
identity. But the conflicting claims of the Paving Workers and the
UCW-UMW establish that there is an unresolyed'doubt with respect
to the identity of the labor organization which the employees have
'The Regional Director and the Trial Examiner reported that the Paving workers pie-
sented 24 authorization cards bearing apparently genuine rignatures of persons whose names
appear on a current pay roll of the Company The Trial Examiner reported that the UCW-
U1M W presented 31 membership application cards bearing .ippaiently genuine signatures of
persons whose names appear on a current pay roll of the Company There ate approximately
56 employees in the appropriate unit
THE, HYDRAULIC PRESS BRICK COMPANY 289-
chosen to represent them.2 , Under such circumstances we shall re-
solve the dispute which has arisen by an election by secret ballot. - .
We find, that a question affecting commerce has • arisen concerting,
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
We find, in' accordance with a stipulation of the parties, that all
production and maintenance employees at the Waterloo plant of the'
Company, including watchmen; but excluding general office and'
supervisory employees, 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 Direction' of
Election herein, subject to the limitations and additions set forth in
the Direction.
The Paving Workers and the UCW-UMW urge that ,no provision
be made for the choice of "neither" on the,ground that a substantial
majority of the employees in the June election indicated their desire
to be represented for the purposes of collective bargaining. The
Company contends that the Board should follow its customary pro-
cedure and provide a place on the ballot for ".neither." The election
we are ordering herein is not a run-off election between the two unions
involved. We accordingly deny the requests of the Paving Workers
and the UCW-UMW and shall permit employees to vote against rep-
resentation by either organization.
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 Re-
lations 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 The Hydraulic
2 Cf. Matter of Brenizer Trucking Company, et al. and United Paving and Building Supply
Workers Local Industrial Union, No 1221, C. 1. 0, 44 N L R B 810; Matter of Harbeson-
Walker Refractories Company and United Clay Products Workers, Local Industrial Union,
No. 1205, et al, 44 N. L. It. B. 816.
513024-43-vol. 47-19
290 DECLSd011"S OF NATIONAL LABOR RELATIONS BOARD
Press Brick Company, Arlington, County, Virginia, 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 Fifth
Region, acting in this matter as agent for the National Labor Re-
lations 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 any
such employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
ployees; in the armed forces of the United States who present them-
selves in'personat the polls, but excluding any who have since quit
or been discharged for cause, to determine whether they desire to be'
represented by United Paving and Building Supply Workers Local
Industrial Union, No. 1221, affiliated with the Congress of Industrial
Organizations, or by United Construction Workers, Local 30, Divi-
sion of District ' 50, affiliated with the United Mine Workers of
America, for the purposes of collective bargaining, or by neither.
i