Nu-Brick Products, Inc.

National Labor Relations Board - Board Decisions

Jul 15, 1942

42 N.L.R.B. 514 (N.L.R.B. 1942)

In the Matter of NU-BRICK . PRODUCTS , INC. and UNITED CONSTRUCTION
WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE C I 0
Case No R-3991-Decided July 15, 194
Jurisdiction asphalt products manufactul ing industry
Investigation and Certification of Representatives : existence of question stipu-
lation that Company refused to accord petitioner recognition until ceitified
by the Boaid, election necessary
Unit Appropriate for Collective Bargaining all production and maintenance
employees, excluding supeivisoly and clerical employees
Mr C Thomas Downs, for the Board.
Mr Aldred J Meredith, of Detioit, Mich , for the Company
Mr. Edwin 0 Barttelbort, of Detroit, Mich , for District 50
Miss Melvernr R. Krelow, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers Organiz-
ing Committee, affiliated with the C I 0, herein called the United,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Nu-Brick Products, Inc, Detroit,
Michigan, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Jerome H Brooks, Trial Examiner Said hearing was held at De-
troit, Michigan, on June 26, 1942 The Board, the Company, and
United Construction Workers, Division of District 50, United Mine
Workers of America, herein called District 50,' appeared,' partici-
I At the beginning of the hearing , District 50 moved to have the formal papers amended
to substitute "United Construction \`orkers, Division of District 50, United Mine Workers
of ' merica" as the name of the union m%olved It also moved to strike from the record
and the exhibits contained in the record all references to any affiliation of the United
Construction Workers, Division of District 50, United Mine Workers of America , with any
other organization The Company , but none of the employees , objected The Trial Ex-
ammei overruled the Company ' s objections and granted the motions We do not pass
on the question as to whether United Construction Woikers, Division of District 50, United
Mine Workers of America is a successor to United Construction Workers Organizing Com-
mittee, affiliated with the C I 0
2 Although notice of heating was served upon local # 247 of the International Brother-
hood of Teamsters , Chauffeurs , Stablemen and Helpers of America , affiliated with the
A F of L , hereinafter called the Teamsters , it did not appear at the hearing
42 N L 11 B, No 105
514
NU-BRICK PRODUCTS, INC. 515
gated, 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 3
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Nu-Brick Products, Inc, a Michigan corporation, having its main
office and, only plant in Detroit, Michigan, is engaged in the manu-
facture of asphalt products During the year ending August 1, 1941,
the Company purchased raw materials and merchandise valued in
excess of $100,000, of which 99 percent was shipped from points out-
side the State of Michigan to the Company's plant in Detroit, Michi-
gan. During the same period, the Company manufactured finished
products valued in excess of $150,000, of which approximately 50 per-
cent was shipped to points outside the State of Michigan, from the
Company's plant in Detroit, Michigan
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. -
II THE ORGANIZATION INVOLVED
United Construction Workers, Division of District 50, United Mine
Workers of Ameiica is a labor organization admitting to membership
in its Local 399 employees of the Company. _
III THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation had
arisen in that the United requested exclusive recognition for the Com-
pany's employees at its Detroit Plant The Company refused until
the United had been certified by the Boaid
A repoit piepaied by the Regional Director and introduced in evi-
dence at the heat ing indicates that the United submitted evidence that
it represented a substantial number of the employees of the Company
in the unit heieinaftei found to be appropriate
I The Board 's affirmance of the Trial Examiner ' s rulings is to be construed in connection
with footnote 1, supra
4 The Regional Dnectoi reported that the United presented 15 membership cards dated
between March 13 and March 17 , 1942 Of the 15 cards presented , 13 bear apparently
genuine signatures of persons whose names appear on the Company's pay roll of April 29,
1942 Theic are approximately 23 employees in the alleged unit The Regional Director
further reported that the Teamsters was requested to submit evidence of representation
but failed to do so, that the Teamsters is a party to a union shop contract with the
Company expiring April 24, 1942, and extended to July 24, 1942
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 24, 1941, the Teamsters and the Company entered into a
union shop contract for 1 year covering substantially the same em-
ployees as those in the unit herein agreed by the parties to be appro-
priate On March 20, 1942, the Teamsters requested an extension of
the contract for 90 days due to its inability at that time to negotiate
for a new contract because of many other contracts expiring at the
same time This was granted by the Company This extension
brought the expiration date of the contract up to July 24, 1942 As
stated above, the Teamsters did not appear, and no party contends that
the contract constitutes a bar to a determination of representatives
We find that this contract is not a bar to an investigation of rep-
resentatives and that a question affecting commerce has arisen concern-
ing the representation of the 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 of the Company at its Detroit,
Michigan, plant, excluding supervisory and clerical employees, 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 concei mng representation which
has arisen be resolved by 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 our Direction of
Election herein, subject to the limitations and additions set forth in
said Direction.
In accordance with a request by the representative of District 50,
we shall designate that organization on the ballot as Local 399, United
Construction Workers, Division of District 50, United Mine Workers
of America
Although the Teamsters has presented no evidence of representation
among employees in the unit, we shall, nevertheless, accord it a place
on the ballot.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
NU-BRICK PRODUCTS, INC 517
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Nu-Brick Prod-
ucts, Inc , Detroit , Michigan , an election by secret ballot shall be con-
ducted 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 Seventh Region, acting in this matter as
ageit 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 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 employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Local
399, United Construction Workers, Division of District 50, United
Mine Workers of America, or by Local #247 of the International
Brotherhood of Teamsters, Chauffeurs , Stablemen and Helpers of
America, affiliated with the A F of L , for the purposes of collective
bargaining , or by neither
MR GERARD D REILLY took no part in the consideration of the
above Decision and Direction of Election.