Olean Tile Co., Inc.

National Labor Relations Board - Board Decisions

Jun 4, 1941

32 N.L.R.B. 288 (N.L.R.B. 1941)

In the Matter of OLEAN TILE-CO., INC. aatd OLEAN INDUSTRIAL INDE-
r PENDENT UNION OF TILE PLANT WORKERS, INC.
Case No. B72541.-- Decided June 4, 191y1
Jurisdiction : tile products manufacturing industry.
Investigation and Certification of Representatives : existence of question'. Com-
- pany refuses to accord recognition to either of rival unions until one union is
certified by the Board ; election necessary.' . .
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees with, the exception of clerical employees, draftsmen, designers, gang
leaders, foremen; and. all, other. supervisory employees.
Quigley, Vedder, and McCarthy', by Mr. Earl C. Vedder, of Olean,
N. Y., for the Company.
Mr. Pasquale P. Yanella, of Olean, N. Y., for the Independent.
Mr. Fred B. Hughes, of Clearfield, Pa., for the United.
Mr. Frederic B. Parkes, end, of counsel to he Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 30, 1940, Olean Industrial Independent Union of Tile
Plant Workers, Inc., herein called the Independent, filed with the
Regional Director for the Third Region (Buffalo, New York) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of Olean Tile Company, Inc., Olean,
New York, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On April 17, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate hear-
ing upon due notice.
On May 2, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Independent,
32 N. L. R. B., No. 05.
288
OLEAN TILE CO., INC. 289
and- United Brick and Clay Workers of America, Local 764, A. F. of L.,
herein called the United, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on May 8,1941, at Olean, New -York, before Edward
D. Flaherty, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company, the Independent, and the United were
represented by counsel or official representatives and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and, to introduce evidence bearing on the issues was
afforded' all, parties. , During the course of the hearing the Trial
Examiner made various rulings on motions and on objections to ,the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Olean Tile Company, Inc., a New York corporation , is engaged in
the manufacture , sale, and distribution of tile, and tile products at
Olean , New York. , The principal raw materials used by the Company
include clay, feldspar , flint, coloring minerals , box lumber, paper, and
paste. From April 1, 1940 , to March 31, 1941, the Company purchased
raw materials valued at $105,000 , of which 95 per cent were shipped to
it from points outside the State of New York. During the same period
the Company manufactured and sold finished products valued at
approximately $530,000, of which 80 per cent were shipped to points
outside the State of New York. The Company employs approxi-
mately 163 employees. • -
II. THE ORGANIZATIONS INVOLVED
Olean Industrial Independent Union of Tile Plant Workers, Inc.,
is an independent labor organization, admitting employees of the Com-
pany to membership. - '
United Brick and Clay Workers of. America, Local 764, is 'a labor
organization affiliated with the American Federation of Labor,
admitting employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
In May 1940 the, Independent requested the Company to recognize
it as the exclusive bargaining representative of the Company's em-
ployees. In May -or June 1940 the United made a similar request.
The Company has refused to recognize either the Independent or the
United until one union is certified by; the Board. The statement of the
Regional Director introduced in evidence at the hearing shows that
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
both the Independent and the United represent a substantial number
of employees in the unit found below to be appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING
REPRESENTATION UPON COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
Both the Independent and the United are agreed that the unit
appropriate for the purposes of collective bargaining should embrace
all production and maintenance employees with the exception of cleri-
cal employees, draftsmen, designers, gang leaders, foremen , and all
other supervisory officials. The Company does not take any position on
the appropriate unit. 7
The United, in addition to the above exclusions, urges the exclusion
of two employees who act as foremen of their respective departments
in the absence of the regular foremen and assistant foremen. How-
ever, during the past year they have been called upon to act as foremen
only once or twice. We shall include them in the unit.
We find that all production and maintenance employees of the Com-
pany with the exception of clerical employees;, draftsmen, designers,
gang leaders, foremen, and all -other supervisory officials, constitute
a unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representation
can best be resolved by, and we shall accordingly direct, an election
by secret ballot. The United requests that a pay roll not later than
that of February 8, 1941, be used as a basis for determining eligibility
to vote. The Independent desires the pay roll of April 7, 1941, for
such purpose. We find, however, no reason to depart from our usual
practice. Accordingly, we shall direct that the employees of the Com-
1 The Independent filed 115 authorization cards dated between May and September 1940
with the Regional Director , who, found the signatures of 113 to be genuine. The United
filed 47 authorization cards dated between April 1940 and February 1941 with the Regional
Director , who found the signatures on all cards to be genuine. There are approximately
128 employees within the appropriate, unit
OLEAN TILE CO., INC. 291
pany eligible to vote in the election shall be those in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to such
limitations and additions as are set forth in the Direction.
Upon 'the basis of the above findings of fact _and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS of LAW
1. A question affecting commerce has arisen concerning the represen-
tation of employees of Olean Tile Company, Inc., Olean, New York,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All production and maintenance employees of the Company with
the exception of clerical employees, draftsmen, designers, gang leaders,
foremen, and all other' supervisory officials, constitute a unit appro-
priate for the purposes of collective bargaining' within the"meahingof
Section 9 (b) of the Act.
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 Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with Olean Tile Company, Inc., Olean, 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, Section 9, of said Rules and Regulations, among
all production and maintenance employees of the Company who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during such
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 clerical employees, draftsmen, designers, gang
leaders, foremen, and all other supervisory officials, and employees who
have since quit or been discharged for cause, to determine whether they
desire to be represented for the purposes of collective bargaining by
Olean Industrial Independent Union of Tile Plant Workers, Inc., or
by United Brick and Clay Workers of America, Local 764, affiliated
with the American Federation of Labor, or by neither.
448692-42-vol. 32-20