General Refractories Co.

In the Matter Of GENERAL REFRACTORIES COMPANY and UNITED CON- STRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 6-B-814.-Decided January 6, 19!4 Mr. C. Jewett Henry, of Huntingdon, Pa., Mr. P. M. Stufft, of Mt. Union, Pa., and Mr. E. G. Cowan, of Claysburg, Pa., for the Company. Mr. Paul M. Nothern, of Huntingdon, Pa., Mr. Allan L. Sayers, of Mt. Union, Pa., and Mr. Marlin L. Brennan, of Williamstown, Pa., for the Union. Mr. Louis Cokin, of Counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Construction Workers, Division of District 50, United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of General Refractories Com- pany, Philadelphia, Pennsylvania, herein called the Company, the National Labor- Relations Board provided for an appropriate hearing upon due notice before James A. Shaw, Trial Examiner. Said hear- ing was held at Huntingdon, Pennsylvania, on November 30, 1943. 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY General Refractories Company is a Pennsylvania corporation en= gaged in quarrying or mining various raw materials used in the manu- 54 N. L. R B., No. 49. 367 368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD facture and sale of refractory products. We are here concerned with the Company's plant at Mt. Union, Pennsylvania, and its quarry known as the Old Woman's Gap Quarry. During the 12-month period pre- ceding the date of the hearing, the Company purchased raw materials for use at its Mt. Union plant valued at about $340,000, approximately 5 percent of which was shipped to it from points outside the State of Pennsylvania. During the same period the Company shipped prod- ucts from its Mt. Union plant and the Old Woman's Gap Quarry valued at about $1,000,000, approximately 37 percent of which was shipped to points outside the State of Pennsylvania. II. THE ORGANIZATION INVOLVED United Construction Workers, Division of District 50, United Mine Workers of America, is a labor organization admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 8,1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative of employees at the Mt. Union plant and Old Woman's Gap Quarry. The Company refused this request. On July 30, 1943, a consent election was held among the employees of the Company involved herein, with only the Union on the ballot. A majority of the voters voted against the Union. The Company con- tends that no election should be held at this time, and that the petition should be dismissed because of the short period that has elapsed since the July 30, 1943, election. The record shows that the Union has obtained 58 new membership application cards since the July'30, 1943, election. We find the position taken by the Company to be untenable 1 A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be 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 We find, in agreement with a stipulation of the parties, that all em- ployees of the Company at its Mt. Union plant and Old Woman's Gap Quarry, excluding clerical employees, watchmen, executives, and any I See Matter of Automatic Products Company, 40 N. L. R B 941. 2 The Regional Director reported that the Union presented 140 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of September 15, 1943. There are approximately 275 employees in the appropriate unit. GENERAL REFRACTORIES COMPANY 369 other supervisory employees with authority to hire, discharge, dis- cipline, promote, or otherwise effect changes in the status of employees, or effectively recommend 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 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 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with General Refrac- tories Company, Philadelphia, Pennsylvania, 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 Sixth 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 Regula- tions, a1T ong 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 any 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 Construction Workers, Division of District 50, United Mine Workers of America, for the purposes of collective bargaining. 567900-44-vol. 54-25