Ironton Fire Brick Co.

Tn the Matter of IRONTON FIRE BRICK COMPANY, EMPLOYER and UNITED BRICK AND CLAY WORKERS OF AMERICA , AFL, PETITIONER Case No. 9-RC-17.-Decided March 16, 1948 Mr. H. Van Antwerp, Jr., of Ashland, Ky., for the Employer. Mr. H. Clark, of Olive Hill, Ky., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Ashland, Kentucky, on December 18, 1947, before Alan A. Bruckner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board i makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER The Ironton Fire Brick Company is an Ohio corporation engaged in clay mining and the manufacture of refractory products. From the mine, located in Carter County, Kentucky, fire clay valued at more than $25,000 per year is obtained. All of the clay so obtained is shipped to the Employer's manufacturing plant in Ironton, Ohio; there refractory products, valued at more than $50,000 per year, are produced. Approximately 75 percent of those products is shipped to points outside of Ohio. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 1 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 [ Chairman Herzog and Members Reynolds and Mur- dock]. 76 N. L. R. B., No. 108. 764 IRONTON FIRE BRICK COMPANY II. THE ORGANIZATION INVOLVED WITH 765 The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Peti- tioner has been certified by the Board in an appropriate unit. The Employer contends that because there is no evidence in the record to support Petitioner's allegation of compliance with Section 9 (f) and (h) of the Act, the petition should be dismissed. For the reasons stated in Matter o l Lion Oil Company 2 the Employer's motion to dismiss is denied. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Employer and Petitioner agree that the appropriate unit con- sists of all production and maintenance employees at the mine in Carter County, Kentucky, but excluding all clerical employees and super- visors. A question is raised only as to one employee; 3 the Petitioner contends he should be excluded from the appropriate unit as a super- visor, while the Employer urges his inclusion. This employee's reg- ular duties consist of running loaded cars of clay to the tipple, tipping the clay, and returning the cars. He also notes the car weights, and keeps a daily time sheet. Every 2 weeks, he recapitulates this informa- tion for pay-roll purposes. It is estimated that his clerical duties ab- sorb about 10 percent of his time. For approximately 1 month prior to the hearing, this employee had been substituting for a foreman who was absent due to injury. At the time of the hearing, the foreman was expected back shortly. Previously, this employee had substituted for this same foreman, in the latter's absence, for short periods of time, rarely as long as a week. The Employer's superintendent estimated that the total time this employee spends substituting for the foreman does not exceed 1 month out of 12. We find, in view of the character of this employee's regularly assigned duties, that he is not a supervisor and should be included in the appropriate unit. We find that all production and maintenance employees of the Em- ployer at its Carter County clay-mining operation, but excluding all 2 76 N. L. R. B 565. 3 Clew Douglas. 766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerical employees, guards, and all supervisors, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Ironton Fire Brick Company, Soldier, Kentucky, 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, 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 Sec- tion IV, above, who were employed during the pay-roll period imme- diately 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, 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 em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by United Brick and Clay Workers of America, AFL, for the purposes of collective bargaining.