Iroquois China Co.

National Labor Relations Board - Board Decisions

Jan 10, 1944

54 N.L.R.B. 446 (N.L.R.B. 1944)

In the Matter of IROQUOIS CHINA COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. 3-R-703.-Decided January 10, 1944
Mr. Milton A. Nixon, for the Board.
Hancock, Dorr, Ryan cfi Shove, by Mr. C. E. Dorr, of Syracuse,
N. Y., for the Company.
Mr. Stanley Denlinger, of Akron, Ohio and Mr. Andrew Hizmey,
of Syracuse, N. Y., 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 District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Iroquois China Company, Syracuse, New York, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Syracuse, New York, on No-
vember 29, 1943. The Board, the Company, and the Union 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.
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
I. THE BUSINESS OF THE COMPANY
Iroquois China Company is a New York corporation engaged in the
manufacture of vitrified china at Syracuse, New York. During the
first 10 months of 1943, the Company purchased raw materials valued
at about $42,478, practically all of which was shipped to it from
54 N. L. R. B., No. 67.
446
IROQUOIS CHINA COMPANY 447
points outside the State of New York. During the same period the
Company manufactured products valued at about $590,000, ap-
proximately 84 percent of which was shipped to points outside the
State. of New York. 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 ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion , 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 the Company's employees until
such time as the Union is certified by the Board.
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.'
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
The parties agreed at the hearing that all production. and main-
tenance employees of the Company, including watchmen, but exclud-
ing supervisory and office employees, constitute an appropriate unit.
There are two employees in the factory, King and Carlin, whom the
Union would exclude as clerical employees. King works in the clay
department. About half of her time is spent in tabulating the number
of pieces of china produced, She also does some finishing work and
other miscellaneous duties. Carlin works in the decorating shop,
stamping and filling ware, passing out work to other employees, and
in other ways assisting in keeping ware flowing in the production line.
Neither King nor Carlin has any supervisory authority. It appears
that these two employees are essentially factory clerks; they are en-
gaged a substantial amount of time in production duties and their
clerical duties are an integral part of the production process. We
shall include them in the unit.
'The Field Examiner reported that the Union presented 70 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company ' s pay roll of November 7, 1943 . There are approximately 170 employees in
the appropriate unit.
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the
Company, including watchmen and factory clerks, but excluding
office employees and all supervisory employees who have authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, 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
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.
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 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 representa-
tives for the purposes of collective bargaining with Iroquois China
Company, Syracuse, New York, 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 Third 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 preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any 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 District
50, United Mine Workers of America, for, the purposes of collective
bargaining.
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