The Hydraulic Press Brick Co.

In,the Matter of THE HYDRAULIC PRESS BRICK'.CoMPANY and UNITED PAVING AND BUILDING SUPPLY WORKERS LOCAL INDUSTRIAL UNION, #1221, C. I. O. Case No. R-4738.-Decided February E, 1943 Jurisdiction : building supplies manufacturing industry. Investigation and Certification of Representatives : existence of question re- fusal to recognize until dispute concerning successorship of originally certified union was resolved; prior certification less than one year old held no bar to, when union originally certified could no longer be identified following union schism and identity of its successor was a matter of unresolved dispute ; choice of "neither" on ballot held proper when election was directed to resolve con- flicting claims of successorship to union originally certified before union schism and was not a run-off election between unions' involved ; ` election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance em- ployees at one plant of a building supplies manufacturer, including watchmen, but excluding general office and supervisory employees; stipulation as to. Mr. Gardner L: Boothe, of Alexandria, Va., and Mr. Henry E. Stringer, of Washington, D. C., for the Company. Mr. Sidney R. Katz, of Washington, D. C:, for the Paving Workers. Mr. Yeliverton Cowherd, of Washington, D. _ C., for the UCW- UMW. Mr: Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Paving and Building Supply Workers Local Industrial Union, #1221, C. I.( 0., herein called the Paving Workers, alleging that a question affecting commerce had arisen concerning the representation of employees of The Hydraulic Press Brick Company, Arlington County, Virginia, herein called the Company, the National Labor Relations Board provided for an ap- ,propriate hearing upon due notice before Earle -K. Shawe, Trial Examiner. Said hearing was held at Washington, D. C., on January 8, 1943. At the commencement of the hearing the Trial Examiner -47N L. R. B, No. 30. 286 THEE HYDRAULIC PRESS BRICK COMPANY 287 granted a motion of United Construction Workers, Local 30, Division of District 50, affiliated with the United Mine Workers of 'America, herein called UCW-UMW, to intervene. - The Company, the Pav- ing Workers, and the UCW-UMW 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 : a FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Hydraulic Press Brick Company' is a Missouri corporation engaged in the manufacture- and sale of building supplies, building brick,' and Haydite. We are here concerned with its. plant in Arlington County,_Virginia, known as the Waterloo plant. During 1942 the Company purchased raw materials for use at its Waterloo plant valued at about $40,000, approximately 50 percent of which was' shipped,to it from points outside Virginia. During the same period the Company sold finished products from its Waterloo plant valued at about $250,000, approximately 75 percent of which was shipped to points outside Virginia. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Relations Act. IL THE ORGANIZATIONS INVOLVED United Paving and Building Supply Workers Local Industrial Union, #1221, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company., United Construction Workers, Local 30, Division of District 50, is a labor organization affiliated with the United Mine Workers of America, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 6, 1942, United Construction Workers, Local 30, herein called Local 30;established by the Congress of Industrial Organiza- tions, herein called the C. I. 0., filed a petition covering the employees involved herein. - Thereafter, the Company and the C. I. O. entered into a Consent Election Agreement, and an election was conducted pursuant thereto on June 11, 1942. On June 16, 1942, the' Regional I 288 DEiOISIONS OF NATIONAL LABOR RELATIONS BOARD Director certified to the parties that a majority of the employees'had designated Local 30 as their exclusive bargaining representative. On. June 4, 1942, certain officials of United Construction Workers Organ- izing Committee, herein called the U.. C. W. O. C., and District, 50,1 United Mine Workers of America, executed an agreement purporting., to affiliate with District 50 the local unions established by the U. C. W. O. C. and thereby creating the UCW-UMW. On June 6; _ 1942, the UCW-UMW issued a new charter to Local 30. On June 11, 1942, the day of the consent election, the C. I. O. announced, in substance, that the agreement of June 4, 1942, was unau- thorized and invalid, that the local unions established by the U. C. W. O. C. would be allowed to determine for themselves the question of their affiliation, and that the U. C. W. O. C. was dissolved. On June 24, 1942, the C. I. O. issued a charter setting up the Paving Workers, which the C. I. 0 contends is the successor to Local 30. During the latter part of Julie 1942 the Company and the UCW UMW held several bargaining conferences. 'On June 26, 1942, the Paving Workers advised the Company that it was the successor to Local 30 and requested the Company to recognize it as exclusive bar- gaining agent of the Company's employees. The Company thereupon refused to deal 'further with either the UCW-UMW or, the Paving Workers until such time as the dispute was resolved by the Board. Statements of the Regional Director and the Trial Examiner, intro- duced into evidence,at the hearing, indicate that the Paving Workers and the UCW-UMW each represents a substantial' number of, employees in the unit hereinafter found to be appropriate.' The UCW-Ul\2W, contends. ,that it is the legitimate successor to 'Local 30, and that, as such, it is entitled to recognition as the exclusive representative pursuant to the Regional Director's certification of June 16, 1942; and that its certification constitutes a bar to a present determination of representatives. The Paving Workers claims that it is the successor to Local 30 but desires that an election be held. As a general rule, the Board will not proceed with an investigation as to representation where there exists a valid certification less than a year old, of an active labor organization of clearly established identity. But the conflicting claims of the Paving Workers and the UCW-UMW establish that there is an unresolyed'doubt with respect to the identity of the labor organization which the employees have 'The Regional Director and the Trial Examiner reported that the Paving workers pie- sented 24 authorization cards bearing apparently genuine rignatures of persons whose names appear on a current pay roll of the Company The Trial Examiner reported that the UCW- U1M W presented 31 membership application cards bearing .ippaiently genuine signatures of persons whose names appear on a current pay roll of the Company There ate approximately 56 employees in the appropriate unit THE, HYDRAULIC PRESS BRICK COMPANY 289- chosen to represent them.2 , Under such circumstances we shall re- solve the dispute which has arisen by an election by secret ballot. - . We find, that a question affecting commerce has • arisen concerting, 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 We find, in' accordance with a stipulation of the parties, that all production and maintenance employees at the Waterloo plant of the' Company, including watchmen; but excluding general office and' supervisory employees, 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 Paving Workers and the UCW-UMW urge that ,no provision be made for the choice of "neither" on the,ground that a substantial majority of the employees in the June election indicated their desire to be represented for the purposes of collective bargaining. The Company contends that the Board should follow its customary pro- cedure and provide a place on the ballot for ".neither." The election we are ordering herein is not a run-off election between the two unions involved. We accordingly deny the requests of the Paving Workers and the UCW-UMW and shall permit employees to vote against rep- resentation by either organization. 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 Re- lations Act, 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 Hydraulic 2 Cf. Matter of Brenizer Trucking Company, et al. and United Paving and Building Supply Workers Local Industrial Union, No 1221, C. 1. 0, 44 N L R B 810; Matter of Harbeson- Walker Refractories Company and United Clay Products Workers, Local Industrial Union, No. 1205, et al, 44 N. L. It. B. 816. 513024-43-vol. 47-19 290 DECLSd011"S OF NATIONAL LABOR RELATIONS BOARD Press Brick Company, Arlington, County, Virginia, 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 Fifth Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 10, 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees; in the armed forces of the United States who present them- selves in'personat the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be' represented by United Paving and Building Supply Workers Local Industrial Union, No. 1221, affiliated with the Congress of Industrial Organizations, or by United Construction Workers, Local 30, Divi- sion of District ' 50, affiliated with the United Mine Workers of America, for the purposes of collective bargaining, or by neither. i