Atlanta Brick and Tile Co.

In the Matter of ATLANTA BRICK AND TILE COMPANY, EMPLOYER and UNITED STONE AND ALLIED PRODUCTS M ORICERS OF AMERICA, C. I. 0., PETITIONER Case No. 1D-RC-65.Decided September 20, 1048 DECISION AND DIRECTION OF ELECTION • Upon a petition duly filed, a hearing was held before a hearing 'officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employer's request for oral argument is denied, as the record, in our opinion, adequately presents the issues and the positions of the parties. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.` Upon the entire record in this case, the Board finds : 1. The Employer manufactures common brick at its sole plant, located in Bolton, Georgia. During the period from April. 1, 1947, to April 1, 1948, its first production year, the Employer purchased repair parts, valued at $4,851.65, outside the State of Georgia. Dur- ing the same period, it purchased in Atlanta, Georgia, 2 tons of soda- ash, valued at $2,950, which was shipped to Atlanta from Barberton, Ohio. From April 1, 1947, to December 1, 1947, the Employer pur- chased in Atlanta fuel oil valued at approximately $24,000, and from December 1, 1947, to April 1, 1948, natural gas valued at $6,800, all of which originated qutside the State. The Employer is under contract to sell its entire output of brick, of an estimated value of $400,000 for the past year, to the Campbell Coal Company which acts as the Employer's exclusive selling agent. The record shows that all the ' Name as corrected at the hearing *Chairman Herzog and _liembeis Murdock and Gray 79 N. L.R.B,No 104. 756 ATLANTA BRICK AND TILE COMPANY 757 brick manufactured by the Employer and sold by the Campbell Coal Company is used in the building of residences in the Atlanta area. The record also discloses that the Employer is a wholly owned sub- sidiary of the-Campbell Coal Company, which sells building materials and coal, at wholesale and retail, at its only business establishment, in Bolton, Georgia. The Campbell Coal Company aimually pur- chases materials outside the State of Georgia valued at approximately $500,000, but the, record does not disclose what materials, if any, that company sells outside the State. The parties agree that the Campbell Coal Company is engaged in interstate commerce. Contrary to the Employer's contention, we find that it is engaged in commerce within the meaning of the Act.2 2. The labor organization named below claims to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees of the Employer at its Bolton, Georgia, plant, exclud- ing the manufacturing superintendent, the kiln superintendent, the yard manager, and all other supervisors as defined in the Act.3 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Tenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in, the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or tempo- Y Matter of .1. H. Patterson Company, 79 N. L R. B. 355 ; Matter of K-M-B Mining Company, 70 N L. R. B . 1172; Matter of Trinidad Brick and Tile Company, 67 N. L. R B. 1351 $ The unit description to which the parties stipulated at the hearing also excluded office clericals , professional employees , and guards. The record discloses, however, that the Employer has no such employees presently working at its plant. We will, therefore, make no finding as to the status of these employees in the unit. 809095-49-vol 79-49 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been . rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement , to determine whether or not they desire to be represented, for purposes of collective bargaining, by United Stone and Allied Products Workers of America, C. I. 0.