The Logan Clay Products Co.

National Labor Relations Board - Board Decisions

Aug 9, 1945

63 N.L.R.B. 245 (N.L.R.B. 1945)

In the Matter of THE LOGAN CLAY PRODUCTS COMPANY and UNITED
BRICK & CLAY WORKERS OF AMERICA, LOGAN LOCAL No. 899
Case No. 9-R-1795.-Decided August 9,1945
Messrs. Forest E. Weinrech and Barton A. Holl, of Logan , Ohio, for
the Company.
Mr. William J. Leggett , of Midvale, Ohio, for the Union.
Mr. Bruce C . Heath,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Brick & Clay Workers of
America, Logan Local No. 899, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Logan Clay Products Company, Logan, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before James A.
Shaw, Trial Examiner. Said hearing was held at Logan, Ohio, on
May 29, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. 'All parties
were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Logan Clay Products Company is an Ohio corporation with
its office and principal place of business located in Logan, Ohio. The
Company is engaged in the manufacture, sale, and distribution of clay
sewer and drain pipes. Virtually all of its raw materials are obtained
from its own clay and coal mines. During the year 1943, it manufac-
63 N. L. R. B., No. 37.
245
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tured products valued at in excess of $300,000, of which more than
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, Logan Local No. 899,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
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 seeks a unit of all production and-maintenance employees
in the Company's plant, including employees working in the clay mines,
but excluding construction employees and clerical and supervisory
employees. The Company does not generally oppose the composition
of the unit but contends that construction employees should be included
within the unit.
Construction employees: The Company has five semi-skilled em-
ployees who are engaged in a remodeling program now in progress.
The Union seeks their exclusion; the Company would include them
within the unit. The evidence establishes that these employees are un-
der the supervision of the maintenance foreman and in some instances
they come under the direction of the production foreman. They have
the same hours and.working conditibns as the other production and
maintenance employees, and all of their time is spent in making re-
pairs and working on the Company's remodeling plans, None of them
are skilled and their work is essentially that of maintenance employees
whom the Board customarily includes within a plant-wide unit. We
shall include them.
3 we find contrary to the contention of the Company that the Union is a labor organiza-
tion within the meaning of the Act.
2 The Field Examiner reported that the Union submitted 66 application cards ; that the
names of 64 persons appearing on the cards were listed on the Company's pay roll of
April 25, 1945 , which contained the names of 151 employees in the appropriate unit ; and
that the cards were dated 1 in January , 5 in April , and 58 in May 1945.
THE LOGAN CLAY PRODUCTS COMPANY 247
We find that all production and maintenance employees, and the
employees of the Company's clay mines, but excluding clerical, assist-
ant supervisors, supervisors, and all or any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute 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 concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
The Company employs part-time students who work regularly after
school and on Saturdays and during their summer vacation. They
have the same working conditions, rates of pay, and work regularly
approximately 30 hours per week. Inasmuch as they are regular part-
time employees, we shall permit them to participate in the election.'
While the Company made no formal motion at the hearing that
the election be postponed, counsel for the Company stated that it did
not desire an election at this time because it has 46 former em-
ployees in the armed services, and that it would be unfair to deprive
them of their right to vote. To grant such a request would deny to
those presently employed their right to choose a current representative
and bargain collectively which is insured to them by the Act. How-
ever, as we have had occasion to state in prior cases involving this
issue, when it is demonstrated that service men in sufficient numbers
have returned to their employment and comprise a substantial per-
centage of the employees in the appropriate unit for which we have
certified a bargaining representative, the Board will entertain a new
petition for investigation and certification of a bargaining agent."
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Logan Clay
Matter of Borg-Warner Corp ., 61 N. L. R. B. 1178.
See Matter of Mane Safety Appliance Co., 55 N. L. R B. 1190.
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Products Company, Logan, 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, under the direction 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 Ar-
ticle III, Sections 10 and 11, 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 temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause, and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Brick & Clay Workers of America, Logan Local No. 899, for the pur-
poses of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.