The Robinson-Ransbottom Pottery Co.

National Labor Relations Board - Board Decisions

Oct 24, 1940

27 N.L.R.B. 1093 (N.L.R.B. 1940)

In the Matter of THE RoBINSON-RANSBOTTOM POTTERY COMPANY and
HARRY F. KINNAN AND RAYMOND J. WILLIAMS, EMPLOYEES or THE
ROBIN SON -RANSBOTTOM POTTERY COMPANY
In the Matter of THE NELSON MCCoY POTTERY COMPANY and THE
EMPLOYEES OF THE NELSON MCCOY POTTERY COMPANY
Cases Nos . R-2062 and R-9063.-Decided October 24, 1940
Jurisdiction : pottery manufacturing industry.
Investigation and Certification of Representatives : existence of questions; re-
fusal to .recognize petitioners, stipulation as to, elections necessary.
Units Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding clerical and supervisory employees of each of two Com-
panies, respectively.
Mr. Ralph A. Lind, of New York City, and Mr. Edward R. Meyer,
of Zanesville, Ohio, for the Companies.
Mr. Holland M. Gary, and Mr. Clarence J. Crossland, for the
Petitioners.
Mr. James 11f. Duffy, of East Liverpool, Ohio, and Mr. Ralph Mar-
shall, of Zanesville, Ohio, for the Brotherhood.
Mr. D. H. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On June 20, 1940, Harry F. Kinlian and Raymond J. Williams,
employees of The Robinson-Ransbottom Pottery Company, herein
called the Robinson petitioners, and on August 1, 1940, The Em-
ployees of Nelson McCoy Pottery Company, herein called the Nel
son petitioners,' filed with the Regional Director for the Eighth
Region (Cleveland, Ohio) petitions respectively alleging that ques-
tions affecting cpmmerce had arisen concerning the representation of
employees of the Robinson-Ransbottom Pottery Company, Rose-
' The Robinson petitioners and the Nelson petitioners are herein jointly called the peti-
tioners
27 N. L. R. B., No. 176.
1093
1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ville, Ohio, herein called Robinson, and The Nelson McCoy Pottery
Company, Roseville, Ohio, herein called Nelson 2 and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On September 9, 1940, the National Labor Relations Board,
herein called. the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Sections 3 and 10 (c) (2), of National Labor Relations
Board Rules and Regulations-Series 2, amended, ordered that the
cases be consolidated and further ordered investigations and author-
ized the Regional Director to conduct them and to provide for an
appropriate hearing upon due notice.
On September 11, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Companies and
the petitioners. Pursuant to notice, a hearing was held on September
23, 1940, at Zanesville, Ohio, before Thurlow Smoot, the Trial Exam-
iner duly designated by the Board. At the commencement of the
hearing Local Union 135, National Brotherhood of Operative Potters,
herein called the Brotherhood, filed with the Trial Examiner a motion
to intervene. The Trial Examiner granted the motion. The Com-
panies, the petitioners, and the Brotherhood were represented by
-counsel and participated in the hearing. Full opportunity to be
heard, to examine and to 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 several 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 COMPANIES
The Robinson-Ransbottom Pottery Company is an Ohio corpora-
tion- having its office and principal place of business in Roseville,
Ohio, and a branch warehouse at Cincinnati, Ohio. Robinson is
engaged in the manufacture of flower pots, garden pottery, art ware,
stone ware, and stone ware specialties. The cost of raw material con-
sisting principally of clay, paint, and chemicals, purchased by Robin-
son during 1939 amounted to approximately $121,000. Of this raw
material approximately 15 per cent was purchased and shipped into
Roseville from points outside the State of Ohio. During the same
2 Robinson and Nelson are herein Jointly called the Companies.
THE ROBINSON-RANSBOTTOM POTTERY COMPANY 1095
period the total sales amounted to $500,000, of which approximately
90 per cent was shipped to States other than the State of Ohio.
The Nelson McCoy Pottery Company is an Ohio corporation, hav-
ing its office and principal place of business in Roseville, Ohio.
Nelson is engaged in the manufacture, sale, and distribution of art
pottery, including stone ware, specialties, art ware, and garden pot-
tery. The cost of raw material, consisting principally of clay, feld-
spar, zinc, lead, flint, tin, and copper, purchased by Nelson during the
period from January 1, 1940, through September 23, 1940, amounted
to $150,000, of which 60 per cent was purchased outside the State of
Ohio. During the same period the total sales of Nelson amounted to
$300,000, of which amount 95 per cent was shipped outside the State
of Ohio.
Both of the Companies stipulated that they are engaged in com-
merce; within the meaning of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Local No. 135 of National Brotherhood of Operative Potters, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Companies engaged in the
manufacture of earthenware, art and novelty kitchenware, and other
workers similarly engaged in Roseville and Zanesville, Ohio.
III. THE QUESTIONS CONCERNING REPRESENTATION
During the hearing the petitioners and the Companies stipulated
and agreed that Robinson refused to bargain with the Robinson peti -
tioners prior to June 20, 1940, and that Nelson refused to bargain with
,he Nelson petitioners prior to August 1, 1940, although at or prior
to that time the respective petitioners presented petitions bearing the
names of a majority of the employees of the respective Companies.
On February 15, 1936, the Companies, together with two other
Roseville pottery concerns, signed a contract with representatives of
the Brotherhood recognizing the Brotherhood as the bargaining
agency for employees of each Company .3 This contract was subse-
quently amended at various times and remained in force until June
22, 1940. Since the termination of the contract the Companies and
the Brotherhood have carried on negotiations.
There was introduced into evidence reports by a Field Examiner
for the Board and the Regional Director showing that a substantial
number of the employees of the respective Companies, in the units
s This agreement amounted to a members -only contract although it provided for condi-
tions of employment for all employee classifications.
1096 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
found appropriate below, had designated the petitioners as their
representatives for the purposes of collective bargaining.4
During the hearing the Brotherhood submitted to the Trial Exam-
iner evidence showing that it represents a substantial number of
employees of the Companies in the units found appropriate below.
As already noted, the Brotherhood has maintained contractual rela-
tions with each of the Companies since 1936. -
We find that a question has arisen concerning representation of
the employees of the Companies.
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 Com-
panies described in Section I above, has a close, intimate, and sub-
stantial 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
It was stipulated by all parties that there should be two appro-
priate units, one for each Company. It was further stipulated that
each appropriate unit should consist of all production and mainte-
nance employees, exclusive of clerical and supervisory employees, of
the respective Companies. Supervisory employees Were defined by
the parties as including all supervisors, plant managers, foremen,
and working foremen.
We find that all production and maintenance employees of The
Robinson-Ransbottom Pottery Company, excluding clerical and
4 The Robinson petitioners presented a petition signed by 110 employees of Robinson,
dated June 20, 1940, and stating
We, the undersigned employees of the Robinson-Ransbottom Pottery Co of Rose-
ville, Ohio, desire that Harry Ifinuan and Raymond Williams represent us and net for
us in all matters of collective bargaining in the above-in entiolied plant in regard to
rates of pay, wages, hours of employment, working conditions, etc
Of these signatures , 108 corresponded with names on the Robinson pay roll of June 26,
1940, which showed approximately 159 employees in the unit found appropriate below.
The Nelson petitioneis submitted a petition containing-signatures of 116• employees,
which was presented to Nelson on July 23, 1940, and which stated
We, the undeisigned employees of The Nelson McCoy Pottery Co of Roseville,
Ohio, hereby signify that we desire (1) Orland Sivackhamer (2) Elmer Richaidson
to at as our representatives to act for us in all matters pertaining to rates of pay,
wages, hours of employment, working conditions, etc
Of the signatures 116 appeared to be genuine original signatures of employees on the
Nelson pay roll of August 1, 1940, which showed approximately 205 employees in the unit
found appropriate below
THE ROBINSON-RANSBOTTOD4 POTTERY COMPANY 1097
supervisory employees, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to em-
ployees of Robinson the full benefit of their right to self-organiza-
tion and to collective bargaining and will otherwise effectuate the
policies of the Act.
We further find that all production and maintenance employees
of The Nelson McCoy Pottery Company, excluding clerical and
supervisory employees, constitute a unit appropriate for the pur-
poses of collective bargaining, and that said unit will insure to em-
ployees of Nelson the full benefit of their right to self-organization
and to collective bargaining and will otherwise effectuate the policies
of the Act.
VT. THE DETERMINATION OF REPRESENTATIVES
We shall direct that elections be held in order to resolve the ques-
tions concerning representation which have arisen.
The petitioners and the Companies desire that eligibility to par-
ticipate in the elections should be determined as of the respective
pay-roll periods immediately preceding the date of the Direction
of Elections. The Brotherhood, on the other hand, suggested that
eligibility be determined as of the dates the respective petitions were
filed. We believe the use of the current pay roll will best effectuate
the policies of the Act. We shall, therefore, direct that all em-
ployees within the appropriate units who were employed by the
Companies during the respective pay-roll periods of the Companies
immediately preceding the date of the Direction of Elections, in-
cluding employees who did not work during such pay-roll periods
because they were ill or on vacation, and employees who were then
or have since been temporarily laid off, but excluding those who
have since quit or, been discharged for cause, shall be eligible to
participate uu the election.
Upon the basis of the above findings of fact and the entire record
in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of The Robinson-Ransbottom Pottery Com-
pany and of The Nelson,McCoy Pottery Company, within the mean--
in g of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production aiid 'maintenance employees of each of the re-
spective Companies in their Roseville, Ohio, plants, excluding clerical
and supervisory employees, constitute units appropriate for the pur-
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
poses of collective bargaining within the meaning of Section 9 (c)
of the National Labor Relations Act.
DIRECTION OF ELECTIONS
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 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , it is hereby
DrREcTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Robinson -Ransbottom Pottery Company , Roseville , 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
Elections , under the direction and supervision of the Regional Di-
rector for the Eighth Region, acting in the matter as agent for the
National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations , among all production and
maintenance employees of the said Company employed during the
pay-roll period immediately preceding the date of this Direction
of Elections including those employees who did not work during
such pay-roll period because they were ill or on vacation , and em-
ployees who were then or have since been temporarily laid off, but
excluding clerical and supervisory employees , and any employees
who have since quit or been discharged for cause , - to determine
whether they desire to be represented by Harry F. Kinnan and
Raymond J. Williams, or by Local No. 135 of National Brotherhood
of Operative Potters, A . F. of L., for the purposes of collective
bargaining , or by neither.
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Nelson McCoy Pottery Company, Roseville , 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
Elections under the direction and supervision of the Regional Di-
rector for the Eighth Region, acting in the 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 said Company employed during the
pay-roll period immediately preceding the date of this Direction
of Elections including those employees who did not work during
such pay-roll period because they were ill or on vacation , and em-
THE ROBINSON-RANSBOTTOM POTTERY COMPANY 1099
ployees who were then or have since been temporarily laid off, but
excluding clerical and supervisory employees, and any employees
who have since quit or been discharged for cause, to determine
whether they desire to be represented by Orland Swackhamer and
Elmer Richardson, or by Local No. 135 of National Brotherhood
of Operative Potters, A. F. of L., for the purposes of collective
bargaining, or by neither.