Black Brollier Inc.Download PDFNational Labor Relations Board - Board DecisionsOct 23, 195196 N.L.R.B. 1024 (N.L.R.B. 1951) Copy Citation 1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ante with the agreement of the parties and in conformance with the Board's usual practice in the holding of an election in a seasonal in- dustry, we shall direct that the election be held at or about the ap- proximate seasonal peak, on a date to be determined by the Regional Director for the Tenth Region, among the employees in the appro- priate unit who are employed during the payroll period immediately preceding the date of the issuance of the notice of election by the Regional Directors [Text of Direction of Election omitted from publication in this volume.] 6 San Joagnxn Compress and Warehouse Company, supra; Arena-No, ton , Inc., et al., 93 NLRB 375; Choctaw Cotton Oil Company, 84 NLRB 660. BLACK BROLLIER, INC., AND DIxIE CONCRETE PRODUCTS COMPANY, INC. and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA, CIO5 PETITIONER. Case No. 39-RC--310. October 23, 1951 Decision and Direction of Election Upon an amended petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clifford W. Potter, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Styles]. Upon the entire record in this case, the Board finds : 1. Black Brollier, Inc., herein called Brollier, is engaged in the manufacture and sale of concrete pipe, ready-mix mortar, and other building supplies. It operates 2 plants at Houston, Texas, with approximately 80 employees. Dixie Concrete Products Company, Inc., hereinafter called Dixie, is engaged in the manufacture and sale of concrete pipe, building blocks, septic tanks, and precast mm holes. It operates 1 plant at Houston, Texas, with approximately 65 employees. During the past year, Dixie made purchases of supplies amounting to approximately $107,000 from Texas outlets of concerns doing business on a national scale.2 Dixie sells all its products to Brollier. 1 At the hearing, the hearing officer properly overruled the Employers ' motion to dis- miss this proceeding on the ground that the Petitioner had not made an adequate showing of interest The Board has repeatedly held that a showing of interest is an administra- tive matter , not litigable by the parties Camp Concrete Rock Company, 94 NLRB 296. 2 These concerns include Humble Oil and Refining Company, the Texas Company, Mag: nolia Petroleum Company, Tennessee Coal , Iron and Railroad Company , Sheffield Steel Corporation , Lone Star Cement Corporation , Halliburton Portland Cement Company, and Ideal Cement Company. 96 NLRB No. 156. BLACK BROLLIER, INC. 1025 During the past year, Brollier made purchases of supplies amounting to approximately $1,600,000, of which 8 percent, or approximately $128,000, represents supplies shipped to Brollier from points outside Texas. During this same period, Brollier made sales of products amounting to approximately $2,275,000, including approximately $54,689 worth of concrete pipe sold to customers for use in the construction of Federal and State highways. The officers and stockholders of the corporations are substantially the same; one of Brollier's three vice presidents, however, is not all officer of Dixie; and one of Brollier's seven stockholders3 is not a stockholder in Dixie. As noted above, Dixie sells its entire output to Brollier. An assistant general manager listed on Brollier's payroll is in charge of the sale of concrete pipe made by both corporations. The corporations maintain separate payrolls. Employees at the three plants work under the over-all supervision of a general superintendent. Employees at each plant work under the separate immediate supervision of plant superintendents. Approximately seven clerical employees listed on Brollier's payroll and a bookkeeper and accountant listed on both payrolls do work for both corporations in an office at Dixie's plant. Warehouse employees listed on Brollier's payroll work in a warehouse at Dixie's plant. Brollier pays rent to Dixie for space used by its office and warehouse employees. Mechanical employees listed on Brollier's payroll repair machinery at Dixie's plant for all the plants, and those at one of Brollier's plants repair trucks used by both corporations. Dixie pays Brollier for its share of the machine repair work. Truck drivers listed on Brollier's payroll haul materials for both corpora- tions. The general superintendent is on the payrolls of both corporations. We find that Brollier and Dixie constitute a single employer within the meaning of Section 2 (2) of the Act 4 We find, contrary to the contention of Dixie and Brollier, that their operations affect commerce within the meaning of the Act. More- over, as they furnished materials , valued at more than $50,000, neces- sary to the construction of Federal and State highways, we find that it will effectuate the policies of the Act to assert jurisdiction over their combined operations.° 2. The labor organization involved claims to,represent certain em- ployees of the Employers. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employers within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 8 This stockholder owns approximately 26 percent of Brollier 's stock. 4 Camp Concrete Rock Company, supra; Lloyd A. Fry Roofing Company, 95 NLRB 158. 5 Camp Concrete Rock Company , sapia, and cases cited therein. 1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at Dixie's and Brollier's Houston, Texas, plants, including truck drivers 6 and night watch- men, but excluding office clerical employees, guards, and supervisors.' [Text of Direction of Election omitted from publication in this volume.] 9 There is no merit in the Employers ' contention that the production and maintenance unit sought herein, including , among others , production employees , truck drivers, and mechanical employees , is inappropriate . Where, as here , no other labor organization sought to represent such categories as truck drivers and mechanical employees , the Board has frequently included employees in these categories in similar production and main- tenance units appropriate for bargaining purposes . See, e. g., Riverside Mills, 85 NLRB 969, and Veneer Products, Inc., 81 NLRB 492. 7 The parties agree, and we find, that night watchmen are not employed as guards within the meaning of Section 9 (b) (3) of the Act, and that shipping clerks Mallett, Skelton, Hill, and Compere are supervisors within the meaning of Section 2 (11). SAM SLATER D/B/A S. SLATER & SON 1 and LEATHER & NOVELTY WORKERS UNION, LOCAL #31, INTERNATIONAL HANDBAG, LUGGAGE, BELT & NOVELTY WORKERS, AFL, PETITIONER . Case No. f0-RC- 1472. October 23,1951. Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, 'a hearing was held before Natalie Allen, hearing offi- cer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Murdock, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain 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) andSection 2 (6) and (7) of the Act. 1 The name of the Employer appears as amended at the hearing. 2 Furniture Workers Local 262, United Furniture Workers of America, CIO, was per- mitted to intervene on the basis of its contractual interest. 96 NLRB No. 154. Copy with citationCopy as parenthetical citation