The United States Stoneware Co.

National Labor Relations Board - Board Decisions

Oct 30, 1945

64 N.L.R.B. 597 (N.L.R.B. 1945)

In the Matter of THE UNITED STATES STONEWARE COMPANY and DIs-
TRICT 50, UNITED MINE WORKERS OF AMERICA
Case No. 8-R-1926.-Decided October 30, 1945
Mr. A. H. Scott and Dr. J. M. Lucas, both of Akron, Ohio, for the
Company.
Mr. Joseph Bird, of Cleveland, Ohio, and Mr. Everett Williams, of
Barberton, Ohio, for the U. M. W.
Mr. James M. Duffy, of East Liverpool, Ohio, for the Potters.
Mr. John W. Jockel, of East Cleveland, Ohio, and Mr. Robert E.
Moore, of Akron, Ohio, for the Bricklayers.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United. Mine Workers of
America, herein called the U. M. W., alleging that a question affecting
commerce had arisen concerning the representation of employees of
The United States Stoneware Company, Talmadge, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Thomas E. Shroyer, Trial
Examiner. Said hearing was held at Akron, Ohio, on August 8, 1945.
At the commencement of the hearing, the Trial Examiner granted
motions to intervene made by International Brotherhood of Operative
Potters, Local Union 159, AFL, herein called the Potters, and Brick-
layers, Masons and Plasterers International Union, AFL, herein called
the Bricklayers. The Company, the U. M. W., the Potters, and the
Bricklayers appeared,' participated, and were afforded full opportun-
ity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing 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.
' International Association of Machinists, AFL, was served with Notice of Hearing but
failed to appear.
64 N. L. R. B., No. 99.
597
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The United States Stoneware Company, an Ohio corporation, oper-
ates a plant at Talmadge, Ohio, where it manufactures chemical
ceramic stoneware. The Company's chief raw material is clay, of
which approximately 10 percent is shipped from points outside the
State of Ohio. Approximately 90 percent of its finished products is
transported to points outside the State of Ohio. During the last year,
the Company's volume of business amounted in value to approxi-
mately $300,000.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
Bricklayers, Masons and Plasterers International Union, and In-
ternational Brotherhood of Operative Potters, Local Union 159, both
affiliated with the American Federation of Labor, are labor organiza-
tions admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has been bargaining with the Potters as the repre-
sentative of certain of its employees for approximately 10 years. On
August 1, 1944, the Company and the-Potters entered into a written
contract, effective for 1 year, in which the Company recognized the
Potters as "collective bargaining agent for the hourly wage em-
ployees." On June 22, 1945, the U. M. MT., by letter, informed the
Company that it represented a majority of its employees and re-
quested recognition as their bargaining agent. The Company, by
letter, advised the U. M. W. of its contract with the Potters but agreed
to discuss the matter upon the expiration of the contract at the end
of July 1945. The Company refused to negotiate a new contract
with the Potters in 1945, because of the U. M. W.'s rival claim to
majority representation.
It is clear that no contract exists which can bar this proceeding.
Furthermore, we do not agree with the Potters' contention that its
10-year bargaining history alone necessitates the dismissal of the peti-
tion, for to give effect to such a contention is to deny the Company's
employees their right, after the lapse of a reasonable period, to select
a new bargaining representative, if that is their desire,.
THE UNITED STATES STONEWARE COMPANY 599
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that U. M. W. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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 U. M. W. contends that the following unit is appropriate: all
production and maintenance employees at the Company's Talmadge,
Ohio, plant, including the maintenance bricklayer, the maintenance
machinist, and employees of the shipping office,3 but excluding all full-
time powerhouse employees,4 office and clerical employees, and all su-
pervisory employees. The Company and the Potters agree with the
U. M. W. as to the scope of the unit, but they would exclude both the
maintenance bricklayer and the maintenance machinist. The Brick-
layers specifically requests the exclusion of the maintenance bricklayer.
At present the Company employs one maintenance bricklayer and
one maintenance machinist. Pursuant to oral agreements with the
Company and the Potters, the Bricklayers have represented employees
of their craft at the plant and International Association of Machin-
ists has represented the Company's machinists. When additional
bricklayers or machinists are needed, the Company secures such em-
ployees through these respective unions. The bricklayer presently
employed by the Company supervises any additional bricklayers em-
ployed; he frequently works at other plants of the Company. The
machinist also often does work for other plants of the Company, al-
though he is not required to leave the Talmadge plant. In view of
the fact that neither the bricklayer nor the machinist has been part of
the bargaining unit represented by the Potters, we shall exclude both
these employees from the unit.5
We find that all production and maintenance employees of the
Company's Talmadge, Ohio, plant, including shipping office em-
ployees, but excluding the maintenance bricklayer, the maintenance
machinist, full-time powerhouse employees, office and clerical em-
ployees, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
2 The Field Examiner reported that the U. M W. submitted 41 authorization cards ;
that the names of 37 persons appearing on the cards were lisited on the Company' s pay roll
of June 15, 1945 ; that the Potters relied on its recent contract with the Company as
evidence of its interest , and that there are 56 employees in the alleged appropriate unit.
The shipping office is located in the plant, it is supervised by the shipping clerk
4 International Union of Operating Engineers , Local 821 , under contract with the
Company, represents the three full -time employees in the powerhouse.
5 See Matter of C. J. Peterson, et al, 60 N. L . R. B. 1070.
O
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate for the purposes of collective bargaining within the mean-
ing 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.
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, and pursuant to Article III, Section 9, of the 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 purpose of collective bargaining with The United States
Stoneware Company, Talmadge, 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 supervi-
sion of the Regional Director for the Eighth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article 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, who have not been rehired or reinstated prior to the elec-
tion, to determine whether they desire to be represented by District
50, United Mine Workers of America, or by International Brother-
hood of Operative Potters, Local Union 159, AFL, for the purposes
of collective bargain, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.