Ironton Fire Brick Co.

National Labor Relations Board - Board Decisions

Jul 14, 1944

57 N.L.R.B. 305 (N.L.R.B. 1944)

In the Matter of IRONTON FIRE BRICK COMPANY and UNITED BRICK
AND CLAY WORKERS OF AMERICA, LOCAL No. 910, A. F. L. ,
Case No. 9-R-1447.-Decided Ju'y Ili, 1944
Mr. Howard Van Antwerp, Jr., of Ashland, Ky., for the Company.
Mr. Leo De Long, of Jackson, Ohio, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Brick and Clay Workers of
America, Local No. 910, A. F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Ironton Fire Brick Company, Ironton,
Ohio, herein called the Company, the National Labor Relations
Board provided for an, appropriate hearing upon the due notice before
James A. Shaw; Trial Examiner. Said hearing was held at Ironton,
Ohio, on June 20, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross examine witnesses, and to introduce evidcnc_^
bearing on the issues. The Trial Examiner's rulings made at the
bearing are free from prejudicial error and are hereby affirmed.
All parties were afforded 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
Ironton Fire Brick Company is an' Ohio corporation operating a
fire brick plant at Ironton, Ohio, where it is engaged in the manu-
facture of fire brick: and refractory specials. During 1943 the
Company purchased fire clay from points outside the State of Ohio
} A stipulation. to correct the transcript, entered into by all parties, is here! y made a
part of the record and the transcript is corrected accordingly.
57 N. L. R. B., No. 57.
601248-45-vol. 57-21 305
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued in excess of $25,000. During the same period the Company
shipped over $50,000 worth of products to points outside the State
of Ohio.
The Company admits, for the purpose of this proceeding, that it
is. engaged in commerce within the, meaning of the National Labor
Relations Act.
IL THE ORGANIZATION INVOLVED
United. Brick and Clay Workers of America, Local No. 910, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees.
A statement of a Field Examiner of the Board introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.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 accord with a stipulation of the parties,
that all employees of the Company at its Ironton, Ohio, plant, ex-
cluding clerical employees and all supervisory employees with au-'
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining, within the,meaning of Section 9 (b) of the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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 Direction.
Y The Field Examiner reported that the Union presented 37 authorization cards. There
are 74 persons in the appropriate unit.
8 The parties agree, and we find , that Fred Menshouse , Earl L . Coburn, and Clarence B.
Kelley are supervisory employees and are therefore excluded.
IRONTON FIRE BRICK COMPANY
DIRECTION OF ELECTION
307
By virtue of and pursuant to the power vested iin the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9,, of National Labor-
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represent--
atives for the purposes of collective bargaining with Ironton Fire
Brick Company, Ironton, 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, 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 employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec=
tion, to determine whether or not they desire to be represented. by
United Brick and Clay Workers of 'America, Local No. 910,. affiliated-'
with the American Federation of Labor, for the purposes of collec-
tive bargaining.
8 The parties agree, and we find, that Fred Menshouse, Earl L . Coburn, and Clarence
E. Kelley a re supervisory employees and are therefore excluded.