The Cambria Clay Products Co.

National Labor Relations Board - Board Decisions

Dec 5, 1942

45 N.L.R.B. 1069 (N.L.R.B. 1942)

Iii the, Matter of Tim- CAMI3U CLAY PRODUCTS COMPANY" and UNITED
BRICK & CLAY WORHF,Rs oF ' AMERICA-, A. F. OF L.
Case No. R-4482.-Decided December 5,194,-
Jurisdiction : coal, clay, and gravel mining, and refractory products manufac-
turing"ihdusti=y.
Investigation and Certification of Representatives : existence of^ question :
Company refused to' recognize petitioner, claiming that it doubted union's
majority status;, since- petitioner had lost prior election ; election necessary.
Unit Appropriate . for Collective Bargaining : all production and, maintenance
employeesr of, glaze and silica (manufacturing) plants of Company, excluding
clerical` and supervisory employees, and employees in the clay mine. and the
gravel pit:
-Miller, &arl &Fitch, by Mr. Chester- P. Fitch, of Portsmouth, 'Ohio,
for the, Company.
Mr: George- DeLong; of Jackson; Ohio; and- Mr. H. R. Turne y, of
Chicago, I11., for the Union.
Miss Melvern R: It relow, of: counsel= to,the Board:
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
• Upon petition and amended petition. duly filed by. United Brick &
Clay Workers of America, A. F. of L., herein called the Union, alleg-
ing, 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- hearing upon due notice
before Paul S. Kuelthau, Trial. Examiner. Said hearing was held at
Portsmouth, Ohio,, on November 5,,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.
On, or about November 5;.1942; the Company, filed a motion, and at
the close' of the hearing moved orally, to dismiss the petition, on- the
45 N. L. R., B,, No. 151.
1069
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- ground that no question concerning representation had arisen, since
the Union on August 13, 1942, pursuant to the Board's Decision and
Direction of Election issued on July 28, 1942,1 lost an election in a unit
similar to that requested by the Union here. The Trial Examiner
reserved ruling. The motion is hereby denied.
Upon ,the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TFCE COMPANY -
The Cambria Clay Products Company, an Ohio corporation, main-
tains its principal office in Oak Hill, Ohio. In or near the town of
Blackfork, Ohio, the Company owns and operates 2 plants where it
is engaged in the manufacture of fire brick. It also owns and operates
2 clay mines, a coal mine, and a gravel pit within a radius of 15 miles
of its plants. The entire production of these mines is used by the
Company. During the 12-month period ending on or about June 30,
1942, the Company's 2 plants produced approximately 12 million -
bricks, of which approximately 75, percent was shipped to points,
outside 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 Brick & Clay Workers of America is a labor ' organization
affiliated with the American Federation of Labor . It admits to
membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On or about September 15, 1942, the Union requested the Company
to meet and bargain with it. On or about September 17, 1942, the
Company informed the Union that since the Union had lost the elec-
tion on August 12, 1942, the Company doubted the Union's majority
and would not recognize it as the representative of the employees.
A report of a Field Examiner of the Board, introduced in evidence
at the hearing, shows that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2
'Matter of The Cambria Clay Products Company and United Brack d Clay Workers of
America, Blackfork Local No. 879, A. F. of L., 42 N. L. R. B 980
2 The Field Examiner reported that the Union submitted 81 cards; dated, in - August and
September 1942. Of the 81 cards presented, 74 bear apparently genuine signatures of
persons whose names appear on the Company 's pay roll in the unit previously found by
the Board to be appropriate. There are approximately 140 employees in the unit
THE ' CAMBRIA CLAY PRODUCTS COIVIPAI4Y - ' - 1071
We find that a question affecting commerce has arisen --concerning
the representation of employees of the Company, within they-meaning
of Section 9 (c) and Section 2 (6) and (7)°of the Act.
IV. THE APPROPRIATE UNIT
The Union .contends that all production and maintenance employees
of the glaze and silica plants of the Company, excluding clerical' and
supervisory employees , constitute an appropriate unit. This is the
same unit previously found appropriate by the Board. , The Company
conltends -,that,the employees of the gravel pit arid the clay mine should
be includec&in the unit.
The 2 brick plants ( the glaze plant and the silica plant ) are situated
An or near Blackfork , Ohio, a small village of some 500 or 600 people.
The plants are approximately 11/2.to 2 miles apart. , The clay mine
is located approximately 600 to 700 feet from the silica plant, and
approximately 2 miles from the glaze plant; and the gravel pit is
located approximately 15 miles from the plants.
1,The clay'mine produces clay which is used in the manufacture of
fire brick; and coal which is used in the silica plant as fuel . ` There are
approximately 16 employees in the clay mine, who are engaged in
,drilling, blasting, and loading clay into mine cars which take the clay
out of the mine and to the glaze plant. The clay mine is under a
superintendent who is responsible to the officials of the Company but
not to the superintendent of either of the plants . The employees of
theclay mine are steadily employed in the mine and are not transferred
to either plant.
There are approximately eight employees in the gravel pit, which
is-under a foreman who is responsible to the superintendent of the
silica plant. The employees of the gravel pit are engaged in loading
gravel into trucks. The gravel is then hauled to the silica plant. The
employees work virtually all of their time at the gravel pit and only
occasionally at the silica plant, when due to weather conditions the
gravel will not flow from the bins into the pans and must be shoveled:
When they work at the plant they shovel gravel just as they do at the
pit. 'The employees work intermittently at the plant when there is
an over supply of gravel in the bins.
Under the circumstances , we find that the work of the employees in
the clay mine and the gravel pit is unlike that of the employees of the
two manufacturing plants, and the respective groups of employees are
faced with dissimilar bargaining problems in view of the occupational
differences inherent in mining and manufacturing operations. We
shall , therefore, exclude these employees from the unit.
The parties are in disagreement with regard to two employees,
Frank Davis and Clair Burns . The Company contends that these
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees,•are working foremen and -should be included in the 'unit;
the Union contends. that they are supervisory employees,and should
be excluded. - -
Frank Davis is a loading foreman at the silica plant, and is in charge
of a gang of from 6 to 12, employees,. who, are, employed only when
there. is loading to be done. Davis, however, does work steadily, and
when-there is no loading to be done, he is, the yard'man, engaged in
cleaning up the yard- and keeping things- in. order.
Clair Burns is a night foreman' at the silica plant. He is in charge
of'a gang-of'approximately six employees and his job•is to'oversee-the
brick presses in, the silica plant. He directs the work of the men on
the presses at night.
• Although Burns and Davis make reports, to the plant superintendent
as to'the work of the employees in their gang, neither has•the-authority
tb'hire or discharge nor the authority to recommend hire or discharge.
We find that the supervisory duties of these employees-are not sufficient
to warrant their-exclusion. We shall, accordingly, include them in the
unit. - •
We• find 'that all- production and maintenance employees of the
Blackfork, Ohio, glaze and silica plants ,of the' Company, including
Frank Davis and Clair Burns, but excluding clerical and supervisory,
employees, and, the employees in the clay mine and- the gravel pit,
constitute a unit appropriate for the purposes of'c_ollective bargaining
within•the'meaning of Section 9- (b) of the Act.
V: THE DETERMINATION OF REPRESENTATIVES'
We shall direct 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, preceding 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 Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,,
as amended, it is hereby
' DIRECTED that, as part of the investigation to ascertain. representa-
tives 'for the- purposes of collective bargaining with The Cambria
Clay Products Company, Oak Hill, Ohio, 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 of Election, under the direction,
THE CAMBRIA CLAY PRODUCTS COMPANY 1073
and supervision of the Regional Director for the Ninth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, of said Rules and Regulations,,
among the employees of the Company in the unit found appropriate
in',Sectiom IV, above, who-were employed-, during the. pay,-roll^_period,
immediately, preceding the, date of this Direction, including employ-
ees 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 excludin' 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 Workers
of America, A. F. of L., for the, purposes of collective bargaining.
MR. GEIiaRD D. REILLY took no part in the consid'eration,of the above-
Decision; and, Direction, of. Election.
493508-43-vol, 45-68