Nu-Brick Products, Inc.

In the Matter of NU-BRICK. PRODUCTS, INC. and UNITED CONSTRUCTION WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE C I 0 Case No R-3991-Decided July 15, 194 Jurisdiction asphalt products manufactul ing industry Investigation and Certification of Representatives : existence of question stipu- lation that Company refused to accord petitioner recognition until ceitified by the Boaid, election necessary Unit Appropriate for Collective Bargaining all production and maintenance employees, excluding supeivisoly and clerical employees Mr C Thomas Downs, for the Board. Mr Aldred J Meredith, of Detioit, Mich , for the Company Mr. Edwin 0 Barttelbort, of Detroit, Mich , for District 50 Miss Melvernr R. Krelow, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Construction Workers Organiz- ing Committee, affiliated with the C I 0, herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of Nu-Brick Products, Inc, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jerome H Brooks, Trial Examiner Said hearing was held at De- troit, Michigan, on June 26, 1942 The Board, the Company, and United Construction Workers, Division of District 50, United Mine Workers of America, herein called District 50,' appeared,' partici- I At the beginning of the hearing , District 50 moved to have the formal papers amended to substitute "United Construction \`orkers, Division of District 50, United Mine Workers of ' merica" as the name of the union m%olved It also moved to strike from the record and the exhibits contained in the record all references to any affiliation of the United Construction Workers, Division of District 50, United Mine Workers of America , with any other organization The Company, but none of the employees , objected The Trial Ex- ammei overruled the Company 's objections and granted the motions We do not pass on the question as to whether United Construction Woikers, Division of District 50, United Mine Workers of America is a successor to United Construction Workers Organizing Com- mittee, affiliated with the C I 0 2 Although notice of heating was served upon local # 247 of the International Brother- hood of Teamsters , Chauffeurs, Stablemen and Helpers of America , affiliated with the A F of L , hereinafter called the Teamsters , it did not appear at the hearing 42 N L 11 B, No 105 514 NU-BRICK PRODUCTS, INC. 515 gated, and-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 3 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Nu-Brick Products, Inc, a Michigan corporation, having its main office and, only plant in Detroit, Michigan, is engaged in the manu- facture of asphalt products During the year ending August 1, 1941, the Company purchased raw materials and merchandise valued in excess of $100,000, of which 99 percent was shipped from points out- side the State of Michigan to the Company's plant in Detroit, Michi- gan. During the same period, the Company manufactured finished products valued in excess of $150,000, of which approximately 50 per- cent was shipped to points outside the State of Michigan, from the Company's plant in Detroit, Michigan 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 Ameiica is a labor organization admitting to membership in its Local 399 employees of the Company. _ III THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation had arisen in that the United requested exclusive recognition for the Com- pany's employees at its Detroit Plant The Company refused until the United had been certified by the Boaid A repoit piepaied by the Regional Director and introduced in evi- dence at the heat ing indicates that the United submitted evidence that it represented a substantial number of the employees of the Company in the unit heieinaftei found to be appropriate I The Board 's affirmance of the Trial Examiner 's rulings is to be construed in connection with footnote 1, supra 4 The Regional Dnectoi reported that the United presented 15 membership cards dated between March 13 and March 17 , 1942 Of the 15 cards presented , 13 bear apparently genuine signatures of persons whose names appear on the Company's pay roll of April 29, 1942 Theic are approximately 23 employees in the alleged unit The Regional Director further reported that the Teamsters was requested to submit evidence of representation but failed to do so, that the Teamsters is a party to a union shop contract with the Company expiring April 24, 1942, and extended to July 24, 1942 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On April 24, 1941, the Teamsters and the Company entered into a union shop contract for 1 year covering substantially the same em- ployees as those in the unit herein agreed by the parties to be appro- priate On March 20, 1942, the Teamsters requested an extension of the contract for 90 days due to its inability at that time to negotiate for a new contract because of many other contracts expiring at the same time This was granted by the Company This extension brought the expiration date of the contract up to July 24, 1942 As stated above, the Teamsters did not appear, and no party contends that the contract constitutes a bar to a determination of representatives We find that this contract is not a bar to an investigation of rep- resentatives and that a question affecting commerce has arisen concern- ing the representation of the 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 accordance with a stipulation of the parties, that all production and maintenance employees of the Company at its Detroit, Michigan, plant, excluding supervisory and clerical employees, consti- tute 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 concei mng representation which has arisen be resolved by 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 our Direction of Election herein, subject to the limitations and additions set forth in said Direction. In accordance with a request by the representative of District 50, we shall designate that organization on the ballot as Local 399, United Construction Workers, Division of District 50, United Mine Workers of America Although the Teamsters has presented no evidence of representation among employees in the unit, we shall, nevertheless, accord it a place on the ballot. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby NU-BRICK PRODUCTS, INC 517 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Nu-Brick Prod- ucts, Inc , Detroit, Michigan , an election by secret ballot shall be con- ducted 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 Seventh Region, acting in this matter as ageit for the National Labor Relations Board, and subject to Article III, Section 9, 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 not work during said pay- roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local 399, United Construction Workers, Division of District 50, United Mine Workers of America, or by Local #247 of the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, affiliated with the A F of L , for the purposes of collective bargaining, or by neither MR GERARD D REILLY took no part in the consideration of the above Decision and Direction of Election.