Burley Clay Products Co.

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 686 (N.L.R.B. 1942)

In the Matter of 'BURLEY CLAY PRODUCTS COMPANY and FEDERATION OF
-
GLASS, CERAMIC AND SHJCA SAND WORKERS OF AMERICA, C. I. O.
Case No. R-41263.-Decided September 30, 1942
Jurisdiction : clay products'manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; expired contract held no,bar ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including watchmen, but excluding supervisors, assistant supervisors,
and clerical help not directly connected with production and maintenance.
Mr. Richard C. Swander and Mr. John W. Caddaire, Jr., for the
Board.0
Mr. Ralph G. Marshall, of Zanesville, Ohio, for the Company.
Mr. W. T. Lewis, of Columbus, Ohio, for the Federation.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
°
STATEMENT OF THE CASE
Upon petition duly filed by Federation of Glass, Ceramic and Silica
Sand Workers of America, C. I. 0., herein called the Federation,
alleging that a question affecting commerce had arisen concerning
representation of employees of Burley Clay Products Company, South
Zanesville, Ohio, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Henry J. Kent, Trial Examiner: Said hearing was held at
Zanesville, Ohio, on September 9, 1942. The Company and the Fed-
,eration appeared and participated., All parties were afforded full
opportunity 'to' be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examin-
er's rulings made at the hearing are free from prejudicial error and_
are hereby affirmed. , - f
'National , Brotherhood of Operative Potters , Local 134, heiein called the N B 0
did not appear at the hearing although .1t was seived with notice of the hearing ;(((
44 N. L. R. B., No. 124.
686
0
BURLEY CLAY PRODUCTS COMPANY 687
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Burley Clay Products Company is an Ohio corporation engaged at
South Zanesville, Ohio, in the manufacture and distribution of a va-
riety of clay products. During the period from January 1, 1942, to
July 1, 1942 the value of the raw materials used by the Company was
approximately $20,000, of which less than one percent was purchased
outside the State of Ohio. During the same period, the value of the
finished products sold by the Company was approximately $80,000, of
which over 90 percent was shipped outside the State of Ohio. The
Company admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Federation of Glass, Ceramic and Silica Sand Workers of America
is a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership employees of the Company.
National Brotherhood of Operative Potters, Local No. 134, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the-Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 20, 1942, the Federation requested recognition as repre-
sentative of the Company's employees in the unit hereinafter found to
be appropriate. The Company refused to negotiate with the Federa-
tion because it stated that it had a bargaining agreement with the
N. B. O. P. The contract referred to is an agreement between the
managements and the representatives of the employees of A. E. Hull
Pottery Company, Star Storware Company, Watt Pottery Company,
and Burley Clay Products Company, entered into on November 11,
1940, expiring June 1, 1942, and signed by representatives of the four
companies and two representatives of the N. B. O. P., Local No. 134.
On or about June 1, 1942, representatives of the respective parties to
said contract met for the purpose of negotiating a new contract, but
they were unsuccessful in their negotiations. The Company, assum-
ing that an agreement would soon be reached, continued operating
under the old contract. The Company is a separate and distinct
'ntity from the other three employer parties to this contract.
688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On or about June 15, 1942, the Federation began organizing the
employees of the Company. On July 15,1942, the N. B. O. P. called
a strike at the Company's plant in which none of the 26 employees
who had then signed with the Federation participated. The Company
continued operations during the said strike which lasted approxi-
mately -5 weeks.
A statement of the Field Examiner of the Board introduced in evi-
dence at the hearing shows that the Federation represents a substantial
number of employees in the appropriate Unit .2
We find that a question concerning 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 Act.
IV. THE APPROPRIATE UNIT
The Federation contends that all production and maintenance em-
ployees of the Company , including watchmen , but excluding super-
visors, assistant supervisors , and clerical help not connected with
production and maintenance , constitute an appropriate unit. The
Company took Ito position as to the appropriate unit.
The afore -mentioned contract does not expressly define the bar-
gaining unit, but establishes wage rates for employee classifications
embracing substantially the same unit as that claimed by the
Federation.
We find that all production and maintenance employees of the Com-
pany, including watchmen , but excluding supervisors, assistant super-
visors, and clerical help not directly connected with production and
maintenance, constitute a unit appropriate for the purposes of collec-
tive 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 ElectiomL
herein, subject to the limitations and additions set forth in the
Direction.
2 The statement of the Field Examiner shows that the Federation submitted to him 26
application-for-membership cards, all of which bear apparently genuine original signs-
tunes of persons whose names are on the Company's pay roll of June 27, 1942. The Field
Examiner 's statement does not show the number of persons whose names appear on the
Company 's pay roll of June 27, 1942; however, the record substantiates the allegation of
the - ederation that there are 35 employees of the Company in the alleged appropriat
unit. The Field Examiner farther states that the N . B. O. P. bases its claim of. rep
sentation on the fact that it has represented the employees of the Company for the past
years, and that, although at the time negotiations with regard to a new contract are at
standstill , the N. B. O. P. claims to be the present representative of the employees of th
Company.
BURLEY CLAY PRODUCTS COMPANY 689
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 Relations Act,
and pursuant to Article'III, Section 8, 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, Burley Clay Prod-
ucts Company, South Zanesville, 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 Eighth Region, acting in this matter
as agent for the National Labor Relations Board, -and, subject to
Article III, Section 9, of said Rules and Regulations, among the em-
-ployees 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 they desire to be represented by Fed-
eration of Glass, Ceramic and Silica Sand Workers of America,
C. I. 0., or by National Brotherhood of Operative Potters, Local No.
134, for the purposes of collective bargaining, or by neither.
of
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
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