Atlanta Brick and Tile Co.

National Labor Relations Board - Board Decisions

Sep 20, 1948

79 N.L.R.B. 756 (N.L.R.B. 1948)

In the Matter of ATLANTA BRICK AND TILE COMPANY, EMPLOYER and
UNITED STONE AND ALLIED PRODUCTS M ORICERS OF AMERICA, C. I. 0.,
PETITIONER
Case No. 1D-RC-65.Decided September 20, 1048
DECISION
AND
DIRECTION OF ELECTION •
Upon a petition duly filed, a hearing was held before a hearing
'officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. The Employer's request for oral argument is denied,
as the record, in our opinion, adequately presents the issues and the
positions of the parties.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.`
Upon the entire record in this case, the Board finds :
1. The Employer manufactures common brick at its sole plant,
located in Bolton, Georgia. During the period from April. 1, 1947,
to April 1, 1948, its first production year, the Employer purchased
repair parts, valued at $4,851.65, outside the State of Georgia. Dur-
ing the same period, it purchased in Atlanta, Georgia, 2 tons of soda-
ash, valued at $2,950, which was shipped to Atlanta from Barberton,
Ohio. From April 1, 1947, to December 1, 1947, the Employer pur-
chased in Atlanta fuel oil valued at approximately $24,000, and from
December 1, 1947, to April 1, 1948, natural gas valued at $6,800, all of
which originated qutside the State. The Employer is under contract
to sell its entire output of brick, of an estimated value of $400,000 for
the past year, to the Campbell Coal Company which acts as the
Employer's exclusive selling agent. The record shows that all the
' Name as corrected at the hearing
*Chairman Herzog and _liembeis Murdock and Gray
79 N. L.R.B,No 104.
756
ATLANTA BRICK AND TILE COMPANY 757
brick manufactured by the Employer and sold by the Campbell Coal
Company is used in the building of residences in the Atlanta area.
The record also discloses that the Employer is a wholly owned sub-
sidiary of the-Campbell Coal Company, which sells building materials
and coal, at wholesale and retail, at its only business establishment,
in Bolton, Georgia. The Campbell Coal Company aimually pur-
chases materials outside the State of Georgia valued at approximately
$500,000, but the, record does not disclose what materials, if any, that
company sells outside the State. The parties agree that the Campbell
Coal Company is engaged in interstate commerce.
Contrary to the Employer's contention, we find that it is engaged in
commerce within the meaning of the Act.2
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All employees of the Employer at its Bolton, Georgia, plant, exclud-
ing the manufacturing superintendent, the kiln superintendent, the
yard manager, and all other supervisors as defined in the Act.3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Tenth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in, the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
Y Matter of .1. H. Patterson Company, 79 N. L R. B. 355 ; Matter of K-M-B Mining
Company, 70 N L. R. B . 1172; Matter of Trinidad Brick and Tile Company, 67 N. L. R B.
1351
$ The unit description to which the parties stipulated at the hearing also excluded office
clericals , professional employees , and guards . The record discloses , however, that the
Employer has no such employees presently working at its plant. We will, therefore, make
no finding as to the status of these employees in the unit.
809095-49-vol 79-49
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rarily laid off, 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, and also excluding employees on
strike who are not entitled to reinstatement , to determine whether or
not they desire to be represented, for purposes of collective bargaining,
by United Stone and Allied Products Workers of America, C. I. 0.