Lloyd A. Fry Roofing Co.

National Labor Relations Board - Board Decisions

Mar 31, 1948

76 N.L.R.B. 1052 (N.L.R.B. 1948)

In the Matter of LLOYD A. FRY ROOFING COMPANY, EMPLOYER and OIL
WORKERS INTERNATIONAL UNION, CIO, PETITIONER
Case No. 16-RC-40.-Decided i1lareh, 31, 1948
Monett, Hayes , cfi Brown, by Mr. Colemen Hayes, of Oklahoma
City, Okla. ; Mr. W. H. Barthel, of Summit, Ill.; and Mr. Roy A.
Phuntmer, of Stroud , Okla., for the Employer.
Messrs. William R. Wonsettler, C. M. Massengale, and H. L. Camp-
bell, of Tulsa, Okla., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chandler,
Oklahoma, on January 23, 1948, before Evert P. Rhea, hearing officer.'
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Lloyd A. Fry Roofing Company is engaged in the manufacture
of asphalt rolled roofing, shingles, and brick siding at one of its
plants in Stroud, Oklahoma. Although the Employer has several
such plants throughout the country, the Stroud, Oklahoma, plant is the
only plant involved in this proceeding. During the fiscal year prior
to the hearing, the Employer purchased for use at this plant raw
materials valued in excess of $500,000, of which amount approxi-
mately 73 percent represented shipments to this plant from sources
outside the State of Oklahoma. During the salve period, the Em-
ployer sold from this plant finished products valued in excess of $500,-
i Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this ease to a
three-man panel consisting of Board Members Houston. Reynolds, and Giay
76 N. L. R B., No. 153
1052
LLOYD A. FRY ROOFING COMPANY 1053
000,,of which amount about 52 percent represented sales to customers
located outside the State.'
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a, labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
111. TIER 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
In accordance with the stipulation of the parties, we find that all
production and maintenance employees at the Employer's Stroud,
Oklahoma, plant, excluding office and clerical employees and all super-
visors 3 constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Lloyd A. Fry Roofing Company,
Stroud, Oklahoma, an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date of
1 his Direction, under the direction and supervision of the Regional
Director for the Sixteenth 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 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
2 or the clo,e of the hearing, the parties ente ied into it stipulation respe(tmg the busi-
ness of the Employer The stipulation is hereby made part of the official record in this,
proceeding
"The two foremen (Donald Duncan and Lewis Dais) and the two shipping clerks (Roy
Manning and Ei nest Oakes) are included in the term "supervisors "
1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Oil Workers International
Union, CIO, for the purposes of collective bargaining.
MEMBER REYNOLDS took no part in the consideration of the above
Decision and Direction of Election.