Harbison-Walker Refractories Co.

National Labor Relations Board - Board Decisions

Sep 23, 1942

44 N.L.R.B. 343 (N.L.R.B. 1942)

In the Matter of HARRISON-WALKER REFRACTORIES COMPANY LOWER
WOODLAND PLANT and UNITED CLAY PRODUCT WORKERS, LOCAL IN-
DUSTRIAL UNION No. 1243, C. I. O.
Case No. R-4242.=Decided September 23; 1942
Jurisdiction : refractory material manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord any union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, excluding clerical, office, and supervisory
employees ; stipulation as to
Practice and Procedure : determination of representatives made despite juris-
dictional dispute.
Mr. F. H. Atwood, of Pittsburgh, Pa., for the Company.
Mr. J. H. Radzyminski, of Pittsburgh, Pa., for the Clay Workers.
Mr. Paul M. Norther n, of Huntingdon, Pa., for District 50.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly, filed by United Clay Product Workers, Local
Industrial Union No. 1243, C. I. 0., herein called the Clay Workers,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Harbison-Walker Refractories Com-
pany, Lower Woodland Yard, Mineral Springs, Pennsylvania, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Henry Shore, Trial
Examiner. Said liearing was held at Pittsburgh, Pennsylvania, on
September 1, 1942'. The Company, the Clay-Workers, and United
Construction Workers, Division of District 50, United Mine Workers
of America, herein called District 50, appeared, participated, and 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.
44 N. L. R B., No. 63.
7
343
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the followsin :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Harbison-Walker Refractories Company is a Pennsylvania corpo-
ration with its principal office at Pittsburgh, Pennsylvania. We are
here concerned with its plant located at Mineral Springs, Pennsylvania,
known as the Lower Woodland Plant, where it is engaged in the man-
ufacture of firebrick and other refractory materials. During the first
6 months of 1942, the Company purchased raw materials for use at its
Lower Woodland Plant valued at about $45,600, approximately 2 per-
cent of which was shipped to it from outside Pennsylvania. During
the same period,the Company shipped finished products from its Lower
Woodland Plant valued at about $75,000, approximately 68 percent of
which was shipped out of Pennsylvania. The Company admits, for
the purpose of this proceeding, that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Clay Product Workers, Local Industrial Union No. 1243, is
a labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
United Construction Workers, Division of District 50, United Mine
Workers of America, is a labor organization, admitting to membership
employees of the Company. District 50, United Mine Workers of
-America is affiliated with the Congress of Industrial Organizations.
III: THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Clay Workers or District 50
as the exclusive representative of its employees until such time as•one
or the other is certified by the Board.
Many of the employees of the Company , prior to June 25, 1942, were
members of a local of United Construction Workers Organizing Com-
mittee, affiliated with the C . I. 0., herein called the \Committee. Dur-`
ing the early part of , June 1942, the Committee allegedly affiliated itself
with District 50, United Mine Workers of America . On June 25, 1942,
a majority of the employees of the Company who were'members of
the Committee voted not to become part of District 50 and thereafter
procured a charter from the Clay Workers. The record- indicates that
all employees of the Company who were members of the Committee
became members of the Clay Workers. The extent of the present
membership , if any, in District 50 does not appear from the record.
HARBISON-WALKER REFRACTORIES COMPANY - 345
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Clay Workers represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate?
District 50 contends that, since the conflict between it and the Clay
Workers is in fact a dispute as to the jurisdiction of two organizations
,affiliated with a single parent body, the Board should not intervene
and the petition should be dismissed. We cannot accept the position
urged by District 50. In the past the Board has, as a matter of policy,
refused to permit rival unions affiliated with the same parent organiza-
tion to resort to the administrative processes of the . Act for settlement
of their representation disputes where adequate and appropriate ma-
chinery was available to them under the procedures of the parent
organization.2 We take judicial notice, from other proceedings in-
volving the parties herein, that the Congress of Industrial Organiza-
tions has attempted to settle a dispute between District 50 and itself,
but that District 50 has refused to recognize the superior authority of
the parent body. It is consequently apparent that effective resolution
of the existing conflict cannot be had without resort to the adminis-
rative processes of the Act.'
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 accordance with a stipulation of the parties, that all
production and maintenance employees at the, Lower Woodland Plant
of the Company, excluding clerical, office, and supervisory employees,
constitute a unit appropriate for the purposes of collective 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-
The- Regional Director, repoited that the Clay Workers presented 49, menibei ship
application cards bearing apparently genuine signatures of persons whose navies appear
on the Company's pay loll of July 13, 1942. There ale 93 employees on that pay roll
who are in the unit hereinafter found to be appropriate The Regional Diiector further
repotted that Distinct 50 presented 46 membership application cards bearing apparently
genuine signatures of persons whose names appear on the Company's pay roll of July
13, 1942 All such cards designated the Committee as the bargaining agent of the signa-
tories and were dated prior to June 25, 1942 His report does not indicate how many
employees, if any, have designated District 50.
"See Matter of Weyerhaeuser Timber Company and International Woodivoi leers of
America, Local No 107, Boommen and Raftei s, 16 N. L R. B 902.
3 See Matter of Hai bison-Walter Refractories Company and United Construction Workers,
Dii, of Dist. 50. U M W, affiliated with the C. I. 0 ; and Industrial Union, a/Bated with
the C. I. 0, 43 N. L R. B. 936.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-ployees in .the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations And additions set forth in the Direc-
tion.
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 Rela-
tions 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 Harbison-Walker
Refractories Company, Mineral Springs , Pennsylvania , an election
by secret ballot shall be' conducted as early as possible, but not later
than thirty (30) clays from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Sixth 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 employees 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 any such 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 any who have since quit
or been discharged for cause, to. determine whether they desire to be
represented by United Clay Product Workers, Local Industrial Union
No. 1243, affiliated with the Congress of Industrial Organizations, or
by United Construction Workers, Division of District 50, United Mine
Workers of America, for the, purposes of collective bargaining, or by
neither.
MR. Wbr. M. LEISERSON took no paxt in the consideration of the
above-Decision and Direction of Election.
A
In the Matter of HARBISON-WALKER REFRACTORIES COMPANY, LOWER
WOODLAND PLANT anal UNITED CLAY PRODUCT WORKERS, LOCAL
INDUSTRIAL UNION No. 1243, C. I. O.
Case No. R-4
AMENDMENT TO DIRECTION OF ELECTION
October 17, 1942
On September 23, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above -entitled proceeding.,
.
The Board , having been advised by the Regional Director that a
longer time in which to hold the election is necessary , hereby amends
its Direction of Election by striking therefrom the words "but not later
than thirty ( 30) days from the date of this Direction" and substituting
therefor the words "but not later than forty-five (45) days from the
date of this Direction."
144 N. L.R . B;34? -
44 N. L. R B No. 63a.
347