Lee Clay Products Co.

National Labor Relations Board - Board Decisions

Oct 8, 1937

3 N.L.R.B. 811 (N.L.R.B. 1937)

In the Matter of LEE CLAY PRODUCTS COMPANY and UNITED BRICK
& CLAY WORKERS OF AMERICA, LOCAL No. 486
Case No. C-248.-Decided October 8, 1937
Clay Mining and Products Industry-Settlement : agreement to comply with
Act-Order : entered on stipulation ; without hearing.
Mr. Leonard S. Shore for the Board.
Mr. Millard L. Midonick, of counsel to the Board.
DECISION
STATEMENT OF THE CASE
Upon charges duly filed by United Brick & Clay Workers of
America, Local No. 486, herein called the Union, the National Labor
Relations Board, herein called the Board, by Philip G. Philips, Re-
gional Director for the Ninth Region (Cincinnati, Ohio), issued
and duly served its complaint, dated August 31, 1937, against Lee
Clay Products Company, Clearfield, Kentucky, herein called the
respondent, alleging that the respondent had engaged in and was
engaging in unfair, labor practices affecting commerce , within the
meaning of Section 8,, subdivisions (1), (3), and ( 5) and Section 2,
subdivisions (6) and (7) of the National Labor Relations Act, 49
Stat. 449, herein called the Act.
The complaint in substance alleged (1) that the respondent is a
Kentucky corporation, having its principal office and place of busi-
ness in the Town of Clearfield, County of Rowan, State of Ken-
tucky, where it is engaged in the mining of clay and the manufac-
turing of the mined clay into flue linings, clay drain pipe, clay tile,
and other clay products; that the respondent in the conduct of its
business causes raw and other materials to be purchased and trans-
ported in interstate commerce , and the products manufactured by
it to be sold and transported in interstate commerce; (2) that the
Union is a labor organization affiliated with the American Federa-
tion of Labor; (3) that the production employees at the Clearfield,
Kentucky, plant of the respondent constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act; that on or before June 7, 1935, the majority of the
employees in said unit designated the Union as their representative
by duly enrolling as,members of the Union, and that the Union has
811
812 NATIONAL LABOR RELATIONS BOARD
at all times since June 7, 1935, continued to be the representative
for collective bargaining of a majority of the employees in said
unit, and that, by virtue of Section 9 (a) of the Act, has been the
exclusive representative of all of the employees in said unit for
purposes of collective bargaining; that on June 7,,1935i and at all
times subsequently, the respondent has refused, to meet with or bar-
gain collectively with the Union as the representative of its produc-
tion employees; (4) that,because of the respondent's refusal to bar-
gain collectively with the Union, a strike occurred on or, about June
7, 1935, which caused the respondent's plant to cease operations until
September 23, 1935, at which time the said strike ended and the plant
reopened ; that the respondent' following said strike has at all times
refused to reinstate' 42 named employees for the reason that those
employees had joined and assisted the Union and engaged in activi-
ties for the purposes of collective `'bargaining and other mutual aid
and protection; (5) that the respondent discharged 11 named em-
ployees on October 5, 1935, 12 named employees on February 14,
1936, and, 2 named employees on April' 9, 1937, and has at' all times
since refused to reinstate them, all for'the reason that said'employees
joined and assisted the Union and' engaged ' in concerted activities
with other employees in the plant for ,the 'purposes' of collective
bargaining and other mutual aid and. protection; (6) that the: re-
spondent at various times' since July 5;' 1935, has-been making 'derog-
atory 'remark's concerning the Union; that it has been requiring of its
employees as a condition of employment: a, promise that they would
not engage' in concerted activities for collective bargaining, and that
they would not join a- bona fide labor organization for a period of
twelve months from the date of their employment; 'that' it 'his been
threatening and intimidating said employees. to keep them from
joining the Union.
' Although notice of shearing was duly served, it was unnecessary to
hold a hearing in view of the stipulation dated September 16, 1937,
by which the 'respondent signified its consent to the issuance of an
order by the Board, in the terms stated below, and Ito this all parties
to'the proceeding agreed.
ORDER
„
On the basis of the aforesaid stipulation, and pursuarit'to Section
10, subdivision (c) of the National Labor, Relations Act;'the National
Labor, Relations Board hereby orders that : ' ' .
1. The respondent, Lee Clay Products 'Company; and its officers,
agents, successors; and assigns shall:
a. Cease- and desist from ' •
(1) In; any manner interfering with; restraining 'or coercing its
employees in the exercise of their rights to self-organization, to form,
DECISIONS AND ORDERS, 813
join; or, assist labor; organizations, to bargain collectively through
representatives of, their own, choosing, and ,to engage in concerted
activities for, the purposes of collective bargaining or other mutual
aid or protection, as guaranteed under Section 7 of the Act ;
(2) Threatening its employees with discharge or discriminating in
regard to hire or tenure of employment or any term or, condition of
employment, because of its: employees' affiliation with, or their mem-
bership 'in; any labor organization of its employees 'at its Clearfield,
Kentucky, plant. • , ! 1 1,
b. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act :
(1) Restore to their former positions by October 1, 1937, the
following named employees
Harlan Ac'ree ' ' Willie Jennings
John Hoy Chester Keeton
Gilbert Arnold Clyde Keeton
Louie Crager A. V. Lambert
Denton Collins, Earl Mynhair
Fred Collins ' ' ' P: M. McMaine
G. E. Fugate P. M. Prather
Truby Gregory I. N. Prewitt
J. T. Howerton Melvin Smedley
Gale Ison Bill Stewart
Jesse Johnson Jason Stewart
(2) Offer to the following'named employees
Corbett Wallace Willie Jones.
T. C. Brown S. C. Perry
Willie Brown J. H. Wallace
Hollie Brown Willie Wallace
Corbett Gregory Bill Walton
Arnold Gregory
any positions at the mine which they are qualified to fill and which
now are being held by men employed since October 17, 1935. Place
any of the above-named employees, for whom jobs cannot be se-
cured, at the mines, on a preferential list and offer first to them
any jobs which become available either at the plant or at the mine
on the basis of their seniority ;
(3) Make whole the persons named in paragraph b (1) above, and
each of them, for any losses of pay they have suffered by reason of
their discharge by payment to them respectively, a sum of money equal
to that which each employee would normally have earned as wages
based on a forty-hour week basis at the basic hourly rate in effect
for each position during the period beginning September 23, 1935
814 NATIONAL LABOR RELATIONS BOARD
to April 15, 1936, less any moneys which the employee earned during
said period, provided that boiler firemen and truck drivers shall
have their back pay computed on the basis of a forty-eight hour
week;
(4) Upon request bargain collectively for the period of one year
with the United Brick. & Clay Workers of America, Local No. 486,
as the exclusive representatives of all its production employees at its
Clearfield, Kentucky, plant excepting supervisory and clerical em-
ployees in respect to rates of pay, wages, hours of employment, and
other conditions of employment;
(5) Post immediately notices to its employees in conspicuous
places throughout its place of business, stating that the respondent
will cease and desist in the manner aforesaid, and that such notices
will remain posted for a period of at least thirty (30) consecutive
days from the date of posting;
(6) Notify the Regional Director for the Ninth Region in writing
within ten (10)' days .from the date of this order what steps the
respondent has taken to comply herewith.
2. The complaint be, and hereby is, dismissed without prejudice,
with reference to the following named employees :
Walter Caudill
Charles VanNess
George Ruggles
Arthur Borndollar
Eli Gregory
Morgan Stewart
James Stewart
Cana Amburgey
Arlie Davis '
Robert Crager
Sam Wright-
Levi Gregory
Allen Gregory