Ash Grove Lime and Portland Cement Co.

National Labor Relations Board - Board Decisions

Jul 7, 1944

57 N.L.R.B. 111 (N.L.R.B. 1944)

In the Matter of ASH GROVE LIME AND PORTLAND CEMENT COMPANY
and INTERNATIONAL HOD CARRIERS AND GENERAL L IORERS, LOCAL
UNION '67 6,'AFFILIATED WITH THE A. F. OF L.
In the Matter of ASH GROVE LIME AND PORTLAND CEMENT COMPANY
and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION
No. 1616B, AFFILIATED WITH THE A. F. OF L.
Cases Nos. 17-I1--885 anc117-8-891, respectively. Decided July 7,1944
Mr. Myron K. Ellison, of Kansas City, Mo., for the Company.
Mr. Otto Bowles, of Springfield, Mo., for the Hod, Carriers.
Mr. J. Frank Cline, of Springfield, Mo., for the Engineers.
Mr. Joseph E. Cub bins, of counsel to the Board.
DECISION
AND • - ,
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions separately and duly filed by International Hod
Carriers and General Laborers , Local union 676, affiliated with the
A. F. of L., herein called the Hod Carriers , and International Union
of Operating Engineers , Local Union No. 1616B , affiliated with the
A. F. of L., herein called the Engineers , each alleging that a question
affecting commerce had arisen concerning the representation of
employees of Ash Grove Lime and Portland Cement Company,
Springfield , Missouri , herein called the Company, the National Labor
Relations Board provided for an appropriate consolidated hearing
upon due notice before Elmer L. Hunt, Trial Examiner . Said hear-
ing was held at Springfield , Missouri, on May 19, 1944 . The Com-
pany, the Hod. Carriers , aiid the Engineers appeared, participated,
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. All parties were afforded an
opportunity to file briefs with the Board.
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Upon the entire record in the case, the Board makes the following : -
FINDINGS OF FACT
I: THE BUSINESS OF THE COMPANY i
Ash Grove Lime and Portland Cement Company, a Maine corpora-
'tion, is engaged at Springfield, Missouri, in the manufacture of lime.
For the year ending January 1, 1944, the Company purchased mate-
rials and supplies valued in excess of $50,000 for use at its Springfield
plant, of which 50 percent was shipped from points outside the State
of Missouri . During the same period, the Company's sales of finished
products amounted to more than $100,000, of which 80 percent was
shipped from its Springfield plant to 'points • outside the State of
Missouri. - -
• The Company concedes that it is,engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Hod Carriers and General-Laborers, Local Union 676,
and International Union of Operating Engineers, Local Union No.
1616B, are labor organizations affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Hod Carriers and the Engineers requested recognition as the
exclusive bargaining representatives of certain employees of the Com-
pany. The Company refused to grant the request of either union
until such union has been certified.-by the Board in an appropriate
unit. - ,
A statement prepared by an agent of the Board, introduced into evi-
dence at the hearing, indicates that the Hod Carriers and the En-
gineers represent a substantial number of employees,in the unit each
alleges to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
' The agent 's statement shows that the Hod Carriers submitted 41 authorization cards
bearing names of persons whose names are listed on the Company 's pay roll of May 15,
1944. The statement also shows that the Engineeis submitted 2 authorization cards bear-
ing names of persons whose names are listed on the afore -mentioned pay roll The record
shows there are 46 employees in the unit alleged by the Hod Carriers to be appropriate,
and 8 employees in the unit alleged by the Engineers to be appropriate
ASH GROVE LIME AND PORTLAND CEMENT , COM•PANiY 113
IV.,THE APPROPRIATE UNITS ' • i P' J : -^ !. aj
A unit comprised of all production and maintenance' employees of
the Company's Springfield plant, excluding operating engineers and
their helpers, and clerical and supervisory employees, is sought by the
Hod Carriers. The Engineers request a unit comprised' of all operat-
ing engineers, and their helpers, • excluding all other employees. The
Company, however, urges that all its production and maintenance em-
ployees constitute a single appropriate unit. Thus, the: sole dispute
between the parties relates to the establishment of a separate unit.of
operating engineers and their helpers.
In support of its position that all production and maintenance em-
ployees constitute a single appropriate unit, the Company contends
that all its operations are integrated, that all employees enjoy the same
conditions of employment, that their wage rates, in general, are equip,
and that, for the most part, they possess the-same degree of skill.
However, the-record discloses that the employees sought to be repre-
sented by the Engineers are primarily engaged in the operation and
maintenance of the various machines used by the Company. It fur-
ther discloses that a certain degree of skill, not possessed by ordinary
production and maintenance employees, is, needed to operate these
machines, and that' the rates paid the employees who operate and
maintain these machines are, in the main, higher than those received
by average production and maintenance employees. Consequently,
we are of the opinion that operating engineers and their helpers form
an indentifiable and homogeneous group and that they constitute an
appropriate bargaining unit, and that all production and maintenance
employees, excluding operating engineers and their helpers, comprise
another.
We find that the following groups of employees constitute units
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act:
1. All operating engineers and their helpers 2 engaged at the, Com,
pany's Springfield plant, excluding supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, and all other employees; and
2. All production and maintenance.employees 3 engaged at the Com-
pany's Springfield plant, excluding operating engineers and their
These include the following classifications of employees : hydration machine operator.
veri-fat mill operators, crusher operators, rock hoist' machine operator, crane or clam shell
operator, and John Shockley
I These include the following classifications of employees : rock breakers, horse driver,
quarry laborers, blacksmith, jackhammer driller. tunnel drillers, kiln firemen, lime wheelers,
lime checkers, hydrate sackers. loaders-limefloor, kiln repairman, lime inspector, night
watchmen, powderman, truck driver, and carpenter-helpers (excluding John Shockley).
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114 DECISIONS - OF' NATIONAL 'LABOR--RELATIONS BOARD
helpers, clerical employees , arid' all supervisory employees with au-
thority to hire, promote , discharge , discipline , or otherwise effect
changes in the status of employees , or effectively recommend, such
action.
V. THE DETERMINATION OF REPRESENTATIVES
Although both unions request otherwise , no special- reason appears
to warrant a departure from our customary practice of determining
eligibility to vote, and we shall direct that the questions , concerning
representation which have arisen be .resolved by elections by secret
ballot among the employees in the , appropriate units who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Elections herein, subject to the limitations and addi-
tions set forth in the Direction.
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, and'pursuant to Article III,' Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-,
fives for the purposes of collective bargaining with Ash Grove Lime
and Portland Cement Company, Springfield , Missouri , elections 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 Seventeenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the units found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 , and including employees in-the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the elections : ( 1) to determine , with respect to the employees in
the unit described in paragraph-1 of Section IV, whether or not they
desire to--be represented by International Union of Operating En-
gineers , Local Union No. 1616B , affiliated with the A. , F. of L ., for the
.purposes of collective bargaining ; ' and'(2 ) to determine , with respect
to the employees in the unit described in paragraph 2, of Section IV;
whether or not they desire to be represented by International Hod
Carriers and General Laborers; Local Union 676,' affiliated with the
A. F. of L ., for the purposes of collective bargaining .