Ironton Fire Brick Co.

In the Matter of IRONTON FIRE BRICK COMPANY and UNITED BRICK AND CLAY WORKERS OF AMERICA, LOCAL No. 910, A. F. L. , Case No. 9-R-1447.-Decided Ju'y Ili, 1944 Mr. Howard Van Antwerp, Jr., of Ashland, Ky., for the Company. Mr. Leo De Long, of Jackson, Ohio, 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 Brick and Clay Workers of America, Local No. 910, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Ironton Fire Brick Company, Ironton, Ohio, herein called the Company, the National Labor Relations Board provided for an, appropriate hearing upon the due notice before James A. Shaw; Trial Examiner. Said hearing was held at Ironton, Ohio, on June 20, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross examine witnesses, and to introduce evidcnc_^ bearing on the issues. The Trial Examiner's rulings made at the bearing 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 1. THE BUSINESS OF THE COMPANY Ironton Fire Brick Company is an' Ohio corporation operating a fire brick plant at Ironton, Ohio, where it is engaged in the manu- facture of fire brick: and refractory specials. During 1943 the Company purchased fire clay from points outside the State of Ohio } A stipulation. to correct the transcript, entered into by all parties, is here! y made a part of the record and the transcript is corrected accordingly. 57 N. L. R. B., No. 57. 601248-45-vol. 57-21 305 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD valued in excess of $25,000. During the same period the Company shipped over $50,000 worth of products to points outside the State of Ohio. 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 ORGANIZATION INVOLVED United. Brick and Clay Workers of America, Local No. 910, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees. A statement of a Field Examiner of the Board introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be 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 We find, in substantial accord with a stipulation of the parties, that all employees of the Company at its Ironton, Ohio, plant, ex- cluding clerical employees and all supervisory employees with au-' thority to hire, promote, discharge, discipline, 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.3 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. Y The Field Examiner reported that the Union presented 37 authorization cards. There are 74 persons in the appropriate unit. 8 The parties agree, and we find , that Fred Menshouse, Earl L. Coburn, and Clarence B. Kelley are supervisory employees and are therefore excluded. IRONTON FIRE BRICK COMPANY DIRECTION OF ELECTION 307 By virtue of and pursuant to the power vested iin the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 represent-- atives for the purposes of collective bargaining with Ironton Fire Brick Company, Ironton, 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 supervision: of the Regional Director for the Ninth 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 preced- ing 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 elec= tion, to determine whether or not they desire to be represented. by United Brick and Clay Workers of 'America, Local No. 910,. affiliated-' with the American Federation of Labor, for the purposes of collec- tive bargaining. 8 The parties agree, and we find, that Fred Menshouse, Earl L . Coburn, and Clarence E. Kelley are supervisory employees and are therefore excluded.