General Refractories Co.

National Labor Relations Board - Board Decisions

Mar 19, 1948

76 N.L.R.B. 835 (N.L.R.B. 1948)

In the Matter of GENERAL REFRACTORIES COMPANY, EMPLOYER and
UNITED BRICK AND CLAY WORKERS OF AMERICA, AFL, PETITIONER
Case No. 9-RC-16.-Decided March 19, 1948
Mr. Roy S. Parsons, of Philadelphia, Pa., Mr. Richard S. Greene,
of Olive Hill, Ky., and Mr. Elmer Frazier, of Oak Hill, Ohio, for the
Employer.
Mr. Leo DeLong, of Wellston, Ohio, and Mr. A. E. Messer, of Jack-
son, Ohio, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Oak Hill,
Ohio, on December 19, 1947, before Alan A. Bruckner, hearing officer.
The hearing officer's rulings 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 1 makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
0
General Refractories Company, a Pennsylvania corporation, is en-
gaged in the mining of clay and manufacture of refractory products
in Oak Hill, Ohio. The Employer used, during the past 12
months, materials, supplies, and equipment valued at $250,000, of
which 75 percent was received from points outside the State of Ohio.
Sixty percent of the Employer's finished product is shipped to points
outside the State.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
'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 -man panel consisting of the undersigned
Board Members [ Houston, Murdock , and Gray].
76 N. L. R. B., No. 117.
835
781902-48-vol. 76 54
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE 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
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Employer at the Oak
Hill plant and mines,2 excluding all technical engineers, laboratory,
clerical, and professional employees, guards, and supervisors, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing, the Petitioner stated that, in determining eligibility
to vote, it would object to use of any pay-roll subsequent to November
17, 1947, the date of a prehearing conference attended by representa-
tives of the Board, the Employer, and the Petitioner. It appears that,
during late November and early December, the Employer increased its
production and maintenance staff from approximately 152 to 175 em-
ployees to handle a special order. The Petitioner seeks to have the
recelitly hired employees excluded from the election on the ground
that they are temporary employees. The Employer submits that all
employees on the pay-roll at the time of the election should participate
in the election.
The Employer's business is a fluctuating one. Its staff has varied
in the past from 145 to 250 employees, but has averaged between 175
and 180, which is the present level of employment. When a large
order comes in, personnel is increased, and when orders slacken, em-
ployees are laid off on the basis of last hired, first discharged. When
an increase in personnel becomes necessary, the Employer rehires what-
' It was further stipulated that this unit description includes the plant and nine located
at Oak Hill , Ohio ; the Fire Buick nine located at Fire Brick, Ohio ; and the Kline -line
located at Scioto County, Ohio Employees are interchanged between the plant and the
nines.
GENERAL REFRACTORIES COMPANY 837
ever former employees are available, though it does not maintain a
recall list.
The approximately 25 newly hired employees, whose status is here
in question, work for the most part in the shed in the loading depart-
ment, packing and preparing brick for shipment. The Employer had
no one engaged in this kind of work immediately prior to the hiring
of these 25 men. At the time these men were hired, some 15 to 20 older
employees were transferred from other work to loading operations.
Some of the new men have been used in the regular crews where
necessary.
The plant superintendent estimated that the current order for which
the new people were hired would take 3 to 4 months from the date of
the hearing to complete. He also indicated that brick was being pre-
pared pursuant to another order, release of which was expected before
the completion of the present order, which would necessitate keeping
the number of employees at the present level for an indefinite period.
We find no reason to depart from our customary practice of using
the pay-roll period immediately preceding the date of the direction of
election as the criterion of eligibility to vote. The contingency that
some employees, the number and identity of whom cannot be definitely
ascertained, may be discharged at some indefinite future date does
not justify depriving them of an opportunity to vote.'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with General Refractories Com-
pany, Oak Hill, 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 Ninth 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 described 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 oIi vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated 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 by United Brick and Clay Work-
ers of America, AFL, for the purposes of collective bargaining.
3 latte, of I 1V E,aitS, 71 N L it. B. 1039 Matter of Moittr/on,ery lVa,d and Co , Iire,
73 N L R B 416