Concrete Pipe & Products Co., Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1947

74 N.L.R.B. 905 (N.L.R.B. 1947)

In the Matter Of CONCRETE PIPE & PRODUCTS COMPANY, INCORPO-
RATED, EMPLOYER and DISTRICT 50, UNITED MINE WORKERS OF
AMERICA, AFL, PETITIONER
Case No. 5-R-2925.-Decided July 31, 19417
Messrs. Robert T. Barton , Jr., and Harry W. Easterly , of Rich-
mond, Va., for the Employer.
Messrs. Robert R. Folil and J. Joseph Sweeney , of Richmond, Va.,
for the Petitioner.
Mr. David C . Buchalter , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board, on
April' 3, 1947, conducted a prehearing election among employees of
the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by the Petitioner for the purposes,
of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties.- The Tally shows that, of approximately 84 eligible voters,
76 cast valid ballots, of which 57 were for the Petitioner, 16 were
against the Petitioner, and 3 were challenged.'
Thereafter, a hearing was held at Richmond, Virginia, on May 13,
1947, before Charles B. Slaughter, hearing officer. At the hearing the
Employer moved, in effect, to dismiss the petition on the grounds that
the unit sought was inappropriate and that the prehearing election
was "conducted without authority of law and is in no way determina-
tive, conclusive or binding in respect to employee representation." It
referred in the latter connection to the fact that employees in the dis-
puted categories were permitted to participate in the election in ad-
vance of a hearing and decision by the Board. However, the Em-
' The challenged ballot of Vernie J. Glenn was disposed of at the hearing by the agree-
ment of the parties to exclude him as a supervisory employee. We shall adopt that agree-
ment The remaining 2 challenged ballots involve a question of eligibility to vote in the
election and a determination as to whether they should be opened and counted is unneces-
sary at this time since they are insufficient in number to affect the election results.
74 N. L. R. B., No. 141.
905
906 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plover advanced no showing that this procedure operated to its prej-
udice by depriving it of a full opportunity for an appropriate hear-
ing. We have previously considered similar contentions in analogous
cases and, as in those cases, find the contention to be lacking in merit.2
For this reason, as well as the reasons stated below with respect to the
other ground, the motion is hereby denied. The hearing officer's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FIN DINGS OF FACT
1. THE BUSINESS OF TILE EMPLOYER 3
Concrete Pipe & Products Company, Incorporated, a Virginia cor-
poration, is engaged at its sole plant in Richmond, Virginia, in the
manufacture of concrete pipe, concrete and cinder masonry units,
and other concrete products. During the calendar year 1946, the
Employer purchased for use at this plant cement valued at approxi-
mately $65,000 which was shipped to it from points outside the Com-
monwealth of Virginia. In addition, steel valued at approximately
$16,000 and repair parts valued at approximately $4,000 were pur-
chased and shipped to it from points outside the Commonwealth.
During the same period, the Employer sold approximately $368,000
worth of concrete pipe and about $222,541 worth of cinder blocks.
Of the goods sold, $26,000 worth of concrete pipe was sold to points
outside the Commonwealth.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
It. TILE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Peti-
tioner has been certified by the Board in in appropriate unit.
2 Matter of Bassick Sack Dteinon of Bassick Company, Inc. 71 N L R B 1056, Matter
of Salant d Salant, 71 N L It B 661 ; Matter of B B Squibb & Sons, 67 N L . R. B. 557;
and Inland Empire District Council, Lumber and Sawmill Workers Union v Millis, et al
325 U. S 697
1 The name of the Employei appears in the caption as amended at the hearing.
CONCRETE PIPE & PRODUCTS COI\ZPANY, INCORPORATED 907
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT
The Petitioner seeks a unit of production and maintenance em-
ployeos, including truck drivers, watchmen, the janitress, and factory
clerks, but excluding administrative employees, administrative clerical
employees, personnel employees, and all other supervisory personnel.
The Employer objects to the inclusion in the unit of truck drivers,
watchmen, and janitress. It would also exclude from the unit all
other employees whio are employed primarily in delivery rather than
production, or have incidental positions which require irregular hours,
and those employees engaged solely in the production of cinder blocks.
Inasmuch as there is no indication in the record of any delivery em-
ployees other than truck drivers and no showing as to what employees,
if any, are embraced within the group having incidental positions
which require irregular hours, we shall make no reference to these
two mentioned groups.
With respect to the truck drivers, watchmen, janitress, and em-
ployees engaged solely in the production of cinder blocks, the Em-
ployer contends that, inasmuch as they are not themselves engaged
in interstate commerce, they should not be included in the barganung
unit. It points in this connection to the fact that its truck drivers
do not deliver its products across State lines; that its watchmen are
employed only when the plant is not operating; that the janitress
works only in the office away front the manufacturing plant; and that
none of the cinder blocks manufactured are sold in interstate com-
inerce. We find no merit in this contention. We have found above
that the Employer is engaged in interstate commerce within the Act's
meaning and it is well established that a specific determination that
the duties of particular employees sought to be represented affect in-
terstate commerce is not a prerequisite to the assertion of jurisdic-
tion by the Board over them.4
We come now to a consideration of the composition of the unit.
Truck drivers. The Employer employs about four truck drivers.
They drive trailer trucks and are regularly engaged in the hauling of
concrete pipe. Inasmuch as the parties are in disagreement with re-
spect to the inclusion of truck drivers in the unit and since the duties
and interests of these individuals are typical of this classification
4Virginia Electric & Power Company v N. L. R. B, 314 U. S 469: Matter of Holston
Press Compa,uj, 70 N. L. R. B 660, and Matter of The Northern Trust Company, 69
N. L. R. B. 652.
908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and differ substantially from those of employees directly engaged in
production and maintenance work, we shall follow our usual practice
in such cases and shall exclude the truck drivers from the unit herein-
after found appropriate.-5
Watchmen. The Employer employs three unarmed and undepu-
tized watchmen who guard the plant and perform the usual plant
protection duties. We shall exclude them from the unit hereinafter
found appropriate.
Janitress. This employee performs the usual janitorial functions
in the Employer's office. Since her duties are obviously those of a
maintenance employee, we shall include her in the unite
Employees engaged in the production of cinderblocks. The em-
ployees in this category appear to have interests in common with other
production employees in the plant. We shall accordingly include all
employees engaged in the production of cinder blocks in the unit here-
inafter found appropriate.
Accordingly, we find that all production and maintenance employees
including the janitress, factory clerks, and employees engaged in the
production of cinder blocks, but excluding watchmen, truck drivers,
administrative employees, administrative clerical employees, personnel
employees, and all other supervisory employees,' constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. TILE DETERMINATION OF REPRESENTATIVES
The results of the election held before the hearing show that the
Petitioner has secured a majority of the votes cast, and that the two
unresolved challenged ballots are insufficient to affect the results of the
election. Under these circumstances we shall certify the Petitioner
as the collective bargaining representative of the employees in the ap-
propriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that District 50, United Mine Workers of
America, AFL, has been designated and selected by a majority of all
production and maintenance employees of Concrete Pipe & Products
Company, Incorporated, Richmond, Virginia, including the janitress,
'Matter of The Deeco Company, 71 N L R B 692, Matter of Puritan Mills, 65
N L R B 962
'Matter of Texas Hardwood Manufacturing Company and Southern Hardwood Com-
pany, 73 N L R B 356: Matter of Inland Steel Company, 73 N L R B 19 ; and Matter
of Ideal Roller & Manufacturing Company, Inc, 60 N L R B 1105
7 This includes Vernie J Glenn.
CONCRETE PIPE & PRODUCTS COMPANY, INCORPORATED 909
factory clerks and employees engaged in the production of cinder
blocks, but excluding watchmen, truck drivers, administrative employ-
ees, administrative clerical employees, personnel employees, and all
other supervisory employees, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, the said organization is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.