Garfield Refractories Co.

In the Matter of GARFIELD REFRACTORIES COMPANY and UNITED CON- STRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No.- 6-R-901.-Decided March 7, 1944 Mr. Abner H. Goldman, of Cleveland, Ohio, Mr. Fram1t Rugh, of Jeanette, Pa., and Mr. Kenneth Rugh,' of Bolivar, Pa., for the Company. Mr. Rudolph Mihelic, of Johnstown, Pa., for the Union. Mr. William Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Construction Workers, Divi- sion of District 50, United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Garfield Refractories Company, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before W. G. Stuart Sherman, Trial Examiner. Said hearing.was, .held at Pittsburgh, Pennsylvania, on February 11, 1944. The Company and the Union appeared and participated. All parties 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 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 Garfield Refractories Company, a Pennsylvania corporation, -is engaged in the mining of fire clay and the manufacture of refractory 55 N. L. R. B., No. 52. 287 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD products. The Company's main office is located at Bolivar, Pennsyl- vania, and it operates a plant at Bolivar, a mine near Altoona, at Kittanning Point, and a dust mill at Cresson, all in Pennsylvania. Only the mine at Kittanning Point and the dust mill at Cresson are involved in this proceeding. The crude fire clay produced at. the Kittanning Point mine is processed at the Cresson mill and the Bolivar plant. During 1943, the Company produced clay of an approximate value of $30,000, of which at least one-sixth was shipped to points outside the State of Pennsylvania, the bulk of the remainder being shipped to the Bolivar plant, where, together with fire clay obtained from other sources within the State, it was used in the manufacture of refractory products valued at more than $250,000, of which approxi- mately 15 percent was shipped to points outside Pennsylvania. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Construction Workers, Division of District 50, United Mine Workers of America, is a labor organization, admitting to mem- bership 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 employees of the Company until the Union has been certified by the Board in an ap- propriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, 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 mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees at the Company's strip and deep mine, known as its Kittanning Point mines, and at the Com- pany's dust mill at Cresson, Pennsylvania, but excluding supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- 3 The Field Examiner reported that the Union submitted 15 membership application, cards and that there are 2S employees in the alleged appropriate unit. GARFIELD REFRACTORIES COMPANY 289 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. - 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 Rela- tions Board Rules and Regulations-Series 3, it'is hereby DI'R'ECTED that, as'part of the investigation to ascertain represents; tives for the purposes of collective bargainilg with Garfield Re- fractories Company, Bolivar, Pennsylvania, an election by`}secret ballot shall be conducted as early as possible lout 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 sub- ject 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 riot' work' during said pay-roll period because they, were ill or o'n vacation or temporarily laid off, and including employees in the armed fo `rces of the United States who present themselves in person at the polls, but excluding those employees who have since quite 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 Dis- trict 50, United Mine Workers of America, for the purposes of, col- lective bargaining. MR. JOHN Al. HOUSTON took no part in the consideration of the'above Decision and Direction of Election. - ' 55781_9-44-col 55--20