Coleman & Bishop

National Labor Relations Board - Board Decisions

Oct 21, 1944

58 N.L.R.B. 1251 (N.L.R.B. 1944)

In the Matter of COLEMAN & B ISHOP, PRINCESS, KENTUCKY ( FORMERLY
BIG RUN COAL & CLAY Co.) and UNITED STEELWORKERS OF AMERICA,
CIO
Case No. 9-R-1533.-Decided October 21, 1944
Caldewell and Gray, by Mr. Robert T. Caldwell, of Ashland, Ky.,
for the Company.
Messrs. W. V. Vanover and Arthur G. Warren, of Ashland, Ky.,
for the Union.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Steelworkers of
America, CIO, herein called the Union, alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Coleman & Bishop, Princess, Kentucky, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Benjamin R. Cook, Trial Ex-
aminer. Said hearing was held at Ashland, Kentucky, on September
1, 1944. The Company and the Union 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 Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
C. A. Coleman and O. B. Bishop, a partnership doing business
under the firm name of Coleman & Bishop,,lessees of the properties of
the Big Run Coal & Clay Company, at Princess, Kentucky, is engaged
in the manufacture and sale of tile and building brick. Principal
58 N. L . R B, No 227.
1251
1252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
raw materials used consist of clay and coal mined at the premises.
During the past year, 50 percent of the Company's supplies was ob-
tained from sources outside the State of Kentucky. During the same
period gross sales of tile, brick, and coal by the Company amounted
to $100,000, of which a substantial portion was shipped to customers in
other States. About 75 percent of the gross sales was made to general
contractors and material dealers engaged in constructing Government
Emergency Hospitals.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 15, 1944, the Union addressed a letter to the Com-
pany requesting therein recognition as the bargaining representative
of the production and maintenance employees of the Company. The
Company refused recognition, contending that a consent election
amongst its employees, held in March 1944, at the instance of the United
Brick & Clay Workers of America, and which did not result in the
selection of a bargaining representative, precluded the holding of an-
other election for at least 1 year. However, inasmuch as the Union
did not participate in the above-mentioned consent election and has
submitted recent designations indicating that it represents a substan-
tial number of the employees within the unit, we find that the prior
election is no bar to a present determination of representatives.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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with an agreement of the parties,
that all production and maintenance employees of the Company at
I A report of a Field E'annner, introduced into evidence at the hearing , indicates that
the Union submitted 37 application cards, all of which bore apparently genuine original
signatures , and that there were 42 employees in the alleged appropriate unit . The cards
were not checked against the Company ' s pay roll. At the hearing , the Company main-
tained that there are 65 employees in the alleged appropriate unit.
The United Brick & Clay Workers of America, AFL, whose contract with the Company
expired on October 14 , 1943, submitted no evidence of membership and, although served
with a Notice of Hearing, failed to appear.
2Matter of Continental Shipbuilding Cuiporation, 57 N L. R. B. 1121.
COLEMAN & BISHOP 1253
Princess, Kentucky, including kiln and mine workers, but excluding
all office and clerical employees, and supervisory employees having
authority to hire, promote, discharge, discipline, or otherwise effect
^._ -ages in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTCED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Coleman &
Bishop, Princess, Kentucky, an election by secret ballot shall be con-
ducted 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, Sections 10 and 11, 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 dur-
ing the 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 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, to determine whether or not they desire to be represented
by United Steelworkers of America, CIO, for the purposes of collec-
tive bargaining.
MR. GERARD D. REII.LY took no part in the consideration of the above
Decision and Direction of Election.