The Cambria Clay Products Co.

National Labor Relations Board - Board Decisions

Jul 28, 1942

42 N.L.R.B. 980 (N.L.R.B. 1942)

In the Matter of THE CAMBRIA CLAY PRODUCTS COMPANY and UNITED
BRICK & CLAY WORKERS OF AMERICA , BLACKFORK LOCAL No 879,
A F. of L
Case No R-4010 -Decided July ,28, 1942
Jurisdiction : brick manufacturing mdustiy
Investigation and Certification of Representatives existence of question dis-
pute as to appiopiiate unit, election necessary
Unit Appropriate for Collective Bargaining . two-plant unit held appioptiate
despite petitioner's request for a single-plant unit in N ie« of similarity of work,
rate of pay, and supervision in both plants, interchange of employees, and
soliciting of membership by petitionei in both plants without distinction,
mining emplqyees excluded in view of dissimilai baigaining problems arising
from occupational differences inherent in mining and manufacturing
Miller, Searl, cC Fitch, by Mr Chester P ,Fitch, of Portsmouth, Ohio,_
for the company
Mr Leo DeLong. of Jackson. Olio, for the Union
Mr Robert E Tillman of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by United Bi ick & Clay Woi leers of Amer-
ica, Blackfork Local No 879, A F of L, herein called the Union.
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Cambria Clay Products Company,
Oak Hill, Ohio, herein called the Company. the National Labor Rela-
tions Board provided for an appropriate healing upon due notice
before Benjamin E Cook, Trial Examiner Said heaing was held
at Portsmouth, Ohio, on July 3, 1942 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.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The Cambria Clay Products Company, an Ohio corporation, main-
tains its principal office in Oak Hill, Ohio In of near the town of
42 N L R B, No 185
980
f
THE CAMBRIA CLAY PRODUCTS COMPAICY 981
Blackfoik, Ohio, the Company owns and operates 2 plants where it is
engaged in the manufacture of fife buck It also owns and operates
2 clay mines, a coal mine, and a gi avel pit within a I adiis of 15 miles
of itsi plants The entire production of these mines is used by the
Company Diking the 12-month period ending on or about June 30,
1942, the Company's 2 plants produced approximately 12 million
bricks, of which approximately 7,5 percent was shipped to points out-
side the State of Ohio
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act
II' THE ORGANIZATION INVOLVED
United Buck & Clay Workers of America, Blackfork Local No 879,
is a labor organization affiliated with the American Federation of
Labor It admits to inembeiship employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Union sent the Company a letter in which it claimed to repre-
sent a majority of the employees of one of the Company's two brick
plants In an of al response, the Company refused to bargain with
the Union because it considered the unit requested by the Union to be
inappropriate
A comparison by the Company and the Union at the hearing of
signatures on authorization cards submitted by the Union with names
appearing on the Company's pay rolls indicates that the Union repre-
sents a substantial number of employees in the unit hereinafter found
appropriate 1 ( 1
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 Union i equests a unit of all- pi oduction and maintenance em-
ployees of the glaze plant of the Company, excluding clerical and
supervisory employees The Company contends that the employees
of its two plants and of its mines (clay, coal, and gravel) constitute
the appropriate unit It does not object to the specific exclusions re-
quested by the Union
The check revealed the follo«mg distiibution of the cards submitted by the Union
which bore signatures purporting to be those of emplo3ees listed on the Company's pay
lolls for July 2 1942 who are eligible to membership in the Linen
Cads Employees
The glaze plait--------------------------------------- 43 53
The silica plant- -------------------------------------\ 6 sr
The mines
----------------------------------- - 2 34
The Union thus has designation tioni 49 out of the 140 emploNees of the 2 plants
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The 2 brick plants (the glaze,plant and the silica plant) are situated
in or near Blackfork, Ohio, a small village of some 500 or 600 people,
most of whom are employees of the Company and their families The
plants are approximately 11/2 to 2 miles apart The clay mines are
located 3/4 and 11/4 miles from the town, the coal mine, 4 miles, and the
gravel pit, 15 miles.
Until 1941, the glaze plant manufactured glaze bricks, but early in
that year it began manufacturing fire brick only The silica plant
also manufactures fire brick. The only difference between the opera-
tions of the plants, according to the general superintendent, is in the
raw materials used Once the clay has, been mined, the following op-
erations are carried out in each plant grinding, processing, molding,
setting, burning, drawing, and loading ` Bricks produced by the glaze
plant have only slightly different uses from those produced by the
silica plant
No distinction can be di awn between the type of employees working
at the two plants Although the Union claimed that diffeient piece
rates prevail at the two plants, it failed to intioduce evidence as to what
this difference is and the reason for its existence The secretary and
tieasurer of the Company testified that the base iate of pay at the plant
and in the mines is approximately the same
Employees have been interchanged between the plants both upon a
temporary and upon a peimanent basis After a check of the glaze-
plant pay roll, the general superintendent of the Company identified
4 out of 53 employees as having been permanently transfeired to the
glaze-plant fiom the silica plant None of the witnesses could state
definitely the number of temporary interchanges, but it appears that
there may be months without a single interchange, and that at other
times there maybe an interchange,once a' week or once a month Inter-
changes occur usually when 1 plant has produced a surplus of bricks and
requires extra loading men or extra drawing men (who draw bricks
out of the kilns and stack them in sheds), or when production at 1 plant
is slow and the loading or drawing men are sent to the other plant for a
day or two to enable them to work the full numbei of hours The Com-
pany's only machine shop adjoins the silica plant Employees of the
machine shop service the plants and the mines.
The Company has had no collective bargaining relations with any
of its employees, and no other labor organization has sought to repre-
sent its employees. The Union commenced organizing employees of -
the Company in March 1941, and has since solicited membership among
all employees without distinction.
In view of all these facts, we find that the appropriate unit includes
the employees of both plants, but excludes the employees of the mines.
The woik of the miners is unlike that of the employees of the two manu
THE CAMBRIA CLAY PRODUCTS COMPANY 983
facturmg plants, and the respective groups of employees are faced with
dissimilar bargaining problems in view of the occupational differences
inheient in mining and manufacturing operations
We find, therefore, that all production and inaintenance employees
of the Blackfork, Ohio, glaze plant and silica plant of the Company,
excluding clerical and supervisory employees, constitute a unit appro-
pilate for the purposes of collective baigaining within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATI\ ES
We shall dnect 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 pi eceding the date of our Direction of Election,
subject to the limitations and additions set forth therein.
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 Laboi Relations Act,
49 Stat 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Seiies 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the puiposes of collective bargaining with The Cambria Clay Prod-
ucts Company, Oak Hill, Ohio, an election by seciet ballot shall be
conducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of the Regional Diiector for the Ninth Region, acting in this
matter as agent for the National Laboi Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among the
employees of the Company in the unit found appiopriate 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 such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or tem.
poi arily laid off, but excluding those employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by United Brick & Clay Woi kers of America, Blackfork
Local No 879, A F of L , for the purposes of collective bargaining.
MR GERARD D REILLY took no part in ,the consideration of the above
Decision and Direction of Election.