American Granite Finishing Co.

National Labor Relations Board - Board Decisions

Oct 22, 1940

27 N.L.R.B. 1016 (N.L.R.B. 1940)

In the Matter of AMERICAN GRANITE FINISHING COMPANY and
INTERNATIONAL UNION OF OPERATING ENGINEERS
In the Matter of COMOLLI GRANITE COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS
In the Matter of COGGINS GRANITE AND MARBLE INDUSTRIES, INC.,
d/b/a GEORGIA GRANITE COMPANY and INTERNATIONAL UNION OF
OPERATING ENGINEERS
Cases Nos. R-2084 to R4086 inclusive. Decided October 02, 1940`
Jurisdiction : granite finishing industry.'
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition to union; elections necessary.
Unit Appropriate for Collective Bargaining : production employees of each of
the three Companies not eligible to membership in the Granite Cutters'
Union and not engaged in a supervisory or clerical capacity.
Mr. Raymonde Stapleton, of Elberton, Ga., for the Companies.
Mr. Irving S. Nathan, of Atlanta, Ga., for the Union.
Mr. Frederick R. Levinstone, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On July 24, 1940, International Union of Operating Engineers,
herein called the Union, filed with the Regional Director for the Tenth
Region (Atlanta, Georgia), two separate petitions, and on September
3, 1940, amended petitions, alleging that questions affecting com-
merce had arisen concerning the representation of employees of
American Granite Finishing Company, herein called American, and
Comolli Granite Company, herein called Comolli, and requesting
investigations and certifications of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act.
On July 29, 1940, the Union filed a similar petition, and on Sep-
tember 3 and 20, 1940, amended petitions, with the Regional Director,
alleging that a question affecting commerce had arisen concerning
27 N L. R. B, No. 168.
1016
AMERICAN' GRANITE FINISHING COMPANY 1017
the representation of employees of Coggins Granite and Marble
Industries, Inc., d/b/a Georgia Granite Company, herein called
Coggins. On September 19 and 23,1940, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act, and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered in-
vestigations and authorized the Regional Director to conduct them
and-to provide for appropriate hearings upon clue notice.
On September 28, 1940, the Regional Director issued notices of
hearing, respective copies of which were duly served upon American,
Comolli, and Coggins, herein sometimes collectively called the Com-
panies, and upon the Union. Pursuant to the notices, separate hear-
ings were held on October 7, 1940, at Elberton, Georgia, before Alex-
ander E. Wilson, the Trial Examiner duly designated by the Board.
The Companies and the Union were represented by counsel and par-
ticipated in the respective hearings. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues was afforded to all parties. During the
course of the hearings the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Since the hearings were conducted on the same day and the issues
presented are substantially similar we are disposing of all three cases
in one Decision.
Upon the entire records in the cases, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
American Granite Finishing Company, a Georgia corporation, is
engaged in the granite finishing business. Its principal source of
raw granite is American Granite Quarries, Inc., located in Georgia.
Supplies such as steel, shot, and- powder, in the amount of $10,000,
are used annually, 90 per cent of which are purchased from outside
the State of Georgia. The finished granite is sold to partnerships
doing business under the names of Lincoln Granite Company, Allen
Granite Company, and National Granite Company, all of which
Companies are located in Elberton, Georgia, but not affiliated with
the American Granite Finishing Company. Although sales are made
in the names of the partnerships listed above, practically all of the
finished products eventually reach points outside the State of Georgia.
Its total sales during a normal year amount to $125,000.
Comolli Granite Company, a Georgia corporation, is engaged in
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the granite finishing business. Its principal source of raw granite
is the Royal Quarrying Company, located in Georgia. Supplies such
as steel, shot, and powder, in the amount of $10,000, are used an-
nually, 90 per cent of which are purchased from outside the State
of Georgia. The finished granite is sold by the Company's sales-
men. Its total sales in an average year amounted to $100,000, 95
per cent of which are sold outside the State of Georgia.
Coggins Granite and Marble Industries, Inc., d/b/a Georgia Gran-
ite Company, a Georgia corporation, is engaged in the granite fin-
ishing business. Its principal source of raw granite is Coggins
Granite and Marble Industries, Inc., located' in Georgia. Supplies
such as steel, shot, and powder, in the amount of $35,000 are used
annually, 90 per cent of which is from outside the State of Georgia.
The finished granite is sold by the Company's salesmen. Its total
sales in an average year amount to $300,000, 95 per cent of which
are sold outside the State of Georgia.
All three Companies stipulate that they are engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local No. 926, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the three respective Com-
panies who are not eligible to membership in the Granite Cutters'
Union and who are not engaged in it supervisory or clerical capacity.
III. THE QUESTIONS CONCERNING REPRESENTATION
At the American and, Coggins hearings, the Trial Examiner, after
examining the application cards proffered by the Union, made state-
ments for the records to the effect that the Union had submitted
cards showing that it represents a substantial number of employees
of American and Coggins within the units which we hereinafter
find to be appropriate?
At the Comolli hearing, there was received in evidence a report
prepared by the Regional Director showing that the Union represents
a substantial number of employees of Comolli within the unit which
we hereinafter find to be appropriate.'
The Companies have refused to recognize the Union until it has
' The Trial Examiner 's statements show that on the basis of cards submitted to him,
on which the signatures appeared to be genuine, the Union represents 11 of the 16 American
employees and 23 of the 45 Coggins employees within the separate units which we here-
inafter find to be appropriate.
2 The Regional Director ' s report, dated October 2 , 1940, shows that on the basis of
cards submitted to him by the Union, on which the signatures appeared to be genuine, the
Union represents six of the nine Comolli employees within the unit which we hereinafter
find to be appropriate.
AMERICAN GRANITE FINISHING COMPANY 1019
been established in elections that the Union represents a majority of
the employees in each of the appropriate units.
We find that questions have arisen concerning the representation
of employees of the Companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen occurring in connection with the operations of the respective
Companies described in Section I above have a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Union claims that in each of the three cases , the unit appro-
priate for the purposes of collective bargaining consists of all em-
ployees of each of the respective Companies not eligible to member-
ship in the Granite Cutters' Union and not engaged in a supervisory
or clerical capacity. The Companies contest this claim on the ground
that eligibility to membership in the Union is restricted to ma-
chinists and engineers, and that the Union is thereby precluded from
representing the boxers, bed setters, tool boys, and other general
laborers. In reply to the Companies' contention, the Union avers
that its constitution was revised to provide for admission to member-
ship of all employees employed by the respective Companies with
the exception of clerical and supervisory employees and employees
eligible to membership in the Granite Cutters' Union. We have held
previously that the appropriate unit might include employees whom
the Union does not accept as members,' and we therefore do not
decide whether or not the Union's constitution provides for admis-
sion to membership of all disputed categories of employees. Since
all of the employees engaged in the disputed categories spend the
major part of their time in production duties we conclude that they
should be included in the appropriate unit as production employees.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation can best be
resolved by an election by secret ballot and we shall direct such an
election.
Upon the basis of the above findings of fact and upon the entire
records in the cases, the Board makes the following :
s See Matter of Sloss Sheffield Steel & Iron Company and Brotherhood of Railroad Train-
men, 14 N. L. R. B. 186.
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. International Union of Operating Engineers, Local No. 926, is a
labor organization within the meaning of Section 2 (5) of the National
Labor Relations Act.
2. Questions affecting commerce have arisen concerning the repre-
sentation of employees of American Granite Finishing Company,
Comolli Granite Company, and Coggins Granite and Marble Indus-
tries, Inc., d/b/a Georgia Granite Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
3. All production employees of each of the three respective Com-
panies not eligible to membership in the Granite Cutters' Union and
not engaged in a supervisory or clerical capacity constitute separate
units appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested,in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigations authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with (1) American Granite Finishing Company, (2) Comolli Granite
Company, and (3) Coggins Granite and Marble Industries, Inc.,
d/b/a Georgia Granite Company, elections by secret ballot shall be
conducted as soon as convenient, but not later than thirty (30) days
from the date of this Direction of Elections, under the direction and
supervision of the Regional Director for the Tenth Region, acting in-,
this matter as the agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production employees of (1) American Granite Finishing Com-
pany, (2) Comolli Granite Company, and (3) Coggins Granite and
Marble Industries, Inc., d/b/a Georgia Granite Company, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during such
pay-roll period because they were ill or on vacation or employees who
were then or have since been temporarily laid off, but excluding em-
ployees eligible to membership in the Granite Cutters' Union and
employees who are engaged in a supervisory or clerical capacity, to
determine whether or not they desire to be represented by International
Union of Operating Engineers for the purposes of collective bar-
gaining.