Redfield Brick and Tile Co.

In the Matter of REDFIELD BRICK AND TILE COMPANY, EMPLOYER and FEDERATION OF GLASS, CERAMIC AND SILICA SAND WORKERS OP AMERICA, CIO, PETITIONER Case No. 18-RC-750.-Decided October 5, 1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Erwin A. Peterson, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman Herzog and Members Murdock and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer manufactures farm drain tile, farm building tile, brick, and structural clay products for agricultural purposes at its Redfield, Iowa, plant. During the year 1949 the Employer purchased materials worth in excess of $100,000, of which amount approximately 70 percent was shipped from points outside the State of Iowa. During this same period the Employer's sales were in excess of $250,000, of which amount it was estimated approximately 5 percent was shipped to points outside the State. All sales are made wholesale to building supply dealers and building contractors. Approximately 12 percent of the Employer's products is sold to the Independent Silo Company, which has its main offices at St. Paul, Minnesota, and branch offices at Mason City and Ames, Iowa. Among other customers of the Employer are the United Brick and Tile Company of Kansas City, Missouri, and Des Moines, Iowa, the Vincent Clay Products Company, and the Kalo Brick and Tile Company, over all of which the Board has previously asserted jurisdiction.' In the spring of 1950 the Em- ployer shipped approximately 60 carloads of building tile to a con- tractor located in Minneapolis, Minnesota. The approximate value of each carload is from $500 to $600. The Employer also shipped a number of carloads, estimated at from 20 to 25 carloads, of silo I At 71 NLRB 763; in Case No. 18-RC-414, unpublished ; and in Case No. 18-RC-412, unpublished , respectively. 91 NLRB No. 120. 706 REDFIELD BRICK AND TILE COMPANY 707 staves to customers in the States of Minnesota, North Carolina, South Carolina, Wisconsin, and Nebraska. The Employer is a wholly owned subsidiary of the Mason City Brick and Tile Company of Mason City, Iowa. The general mana- ger of the Employer testified that though the Employer is independ- ently operated, sales commissions are paid directly to salesmen of the Mason City Brick and Tile Company for any orders solicited on be- half of the Employer. The Mason City Brick and Tile Company also owns and operates the Ottumwa Brick and Tile Company of Ottumwa, Iowa, and the Des Moines Clay Products Company, Des Moines, Iowa. The parent company's annual sales are in excess of $1,500,000, of which it was testified "a large percentage" was to customers outside the State. We find, contrary to the contention of the Employer, that it is en- gaged in commerce within the meaning of the National Labor Re- lations Act, and, in view of the fact that the Employer's out-of-State shipments for 1950 exceed $25,000, that it will effectuate the policies of the Act to assert jurisdiction.' 2. The labor organization involved claims to represent certain employees 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 at its Redfield, Iowa, plant, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees, including the plant truck drivers, but excluding contract truck haulers, contract workers, office and clerical employees, salesmen , professional employees, guards, and all supervisors as defined in the Act. [Text of Direction of Election omitted from publication in this volume.] 2 Stanistaas Implement and Hardware Company, Limited, 91 NLRB 618. 917572-51-vol. 91-46