Monon Stone Company

National Labor Relations Board - Board DecisionsDec 2, 1938

10 N.L.R.B. 64 (N.L.R.B. 1938)

In the Matter of MONON STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of INDIANA LIMESTONE CORPORATION and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of HOADLEY BROTHERS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of INGALLS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of LUCERNE VALLEY ENGINEERING Co. and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of HUNTER BROTHERS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of B. G. HOADLEY QUARRIES, INC. and QUARRY WORK- ERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of WOOLERY BROTHERS STONE Co. and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA 'In the Matter of CARL FURST STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of INDEPENDENT LIMESTONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of BLOOMINGTON LIMESTONE CORP. and QUARRY WORK- ERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of SHAWNEE STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of VICTOR OOLITIC STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of REED-POWERS CUT STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of HELTONVILLE LIMESTONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of WALLIS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA 10 N. L . R. B., No. 6. 64 DECISIONS AND ORDERS 65 In the Matter of EMPIRE STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of SARE-HOADLEY STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA Cases Nos. R-773 to R-799, inclusive, reepectiveliy.Decided December L, 1938 Stone Quarrying Industry-Investigation of Representatives: controversy concerning representation of employees : eligibility to vote stipulated ; classifica- tion of employees in appropriate unit stipulated ; appropriate unit left for determination of the Board-Units Appropriate for Collective Bargaining: fourteen of eighteen employers members of Institute ; all employees engaged in and about the quarries of all the respondents, with the exception of certain stipulated craftsmen, supervisory, and clerical employees, who worked major portion of time for 14 members of the Institute, included in Institute- wide unit; employees in same classification who worked major portion of time for inde- pendent included in single company units-Election Ordered Mr. Lester M: Levin, for the Board. Mr. Milton Siegel, of Indianapolis, Ind., for the Quarry Workers' International Union of-North America. Corr c Bowen,' by Mr. Donald E. Bowen, of Bloomington, Ind., for Quarry Workers' Federal Labor Unions, No. 21469 and No. 21471, and all Unions in the Indiana Limestone District of Indiana, com- prising Counties of Monroe, Lawrence, and Owen, in Indiana, and affiliated with the American Federation of Labor. Mr. William Hartman, of Bedford, Ind., for International Associa- tion of Machinists, Local 599. Mr. J. W. Dodson, of Bloomington, Ind., for International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59. Mr. Ora Hodges, of Bedford, Ind., for International Association of Marble, Stone and Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters, Helpers & Terrazzo Workers Helpers, Local No. 89 and Local No. 93. Mr. Paul Givens, of Bedford, Ind., for Journeymen Stone Cutters' Association of North America. Mr. W. E. Clark, of Bedford, Ind., for Monon Stone Company, Indiana Limestone Corporation, Ingalls. Stone Company, Lucerne Valley Engineering Company, B. G. Hoadley Quarries, Inc., Woolery Brothers Stone Company, Carl Furst Stone Company, Independent Limestone Company, Bloomington Limestone Corp., Shawnee Stone Company, Victor Oolitic Stone Company, Wallis Stone Company, Empire Stone Company, and Sare-Hoadley Stone Company. _ Mr. John D. Fuller, of Bedford, Ind., for' Heltonville Limestone Company. 66 NATIONAL LABOR RELATIONS BOARD Mr. Reed Powers, of Bedford, Ind., for Reed-Powers Cut Stone Company. Mr. Edward Hoadley, of Bloomington, Ind., for Hoadley Brothers Stone Company. Mr. Milton T. Hunter, of Bloomington, Ind., for Hunter Brothers Stone Company. Mr. Philip B. Lush, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE - On January 31, 1938, the Quarry Workers' International Union of North America, herein called Quarry Workers, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) ,18 petitions alleging that questions affecting commerce had arisen concerning the representation of employees of Monon Stone Com- pany, Indiana Limestone Corporation, Hoadley Brothers Stone Com- pany, Ingalls Stone Company, Lucerne Valley Engineering Com- pany, Hunter Brothers Stone Company, B. G. Hoadley Quarries, Inc., Woolery Brothers Stone Co., Carl Furst Stone Company, Inde- pendent Limestone Company, Bloomington Limestone Corp., Shawnee Stone Company, Victor Oolitic Stone Company, Reed- Powers Cut Stone Company, Heltonville Limestone Company, Wallis Stone Company, Empire Stone Company, and Sare-Hoadley Stone Company, all situated in Monroe, Lawrence, and Owen Counties, Indiana, herein collectively called the Companies, requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 23, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Sections 3 and 10 (c), of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the consolidation and an investigation of the cases and authorized the Regional Director to conduct the investigation and to provide for an appropriate hearing upon due notice. On March 2, 1938, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Companies, the Quarry Workers, International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59, upon International Association of Machinists, Local 599, upon International Union' of Operating En- gineers, Local 850, upon Quarry Workers' Federal Labor Unions, No. 21469 and No. 21471, herein called the Federal Unions, upon Jour- DECISIONS AND ORDERS 67 neymen Stone Cutters Association of North America, and upon International Association of Marble, Stone and Slate Polishers, Rub- bers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, Local No. 89, and Local No. 93, labor organizations claim- ing to represent employees directly affected by the investigation. Pursuant to an amended notice of hearing, duly served upon the same parties, a hearing was held on March 10, 11, and 12, 1938, at Bloom- ington, Indiana, before Conn Cohalan, the Trial Examiner duly des- ignated by the Board. The parties were represented by counsel, as set forth in the appearances above, and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing 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 Exam- iner and finds that no prejudicial errors were committed. The rul- ings-are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANIES The Companies are all engaged in the quarrying of limestone in the Counties of Monroe, Lawrence, and Owen, Indiana. These three counties are known as the Indiana~Limestone District. Four- teen of the Companies are members of the Indiana Limestone Insti- tute, an association of limestone quarry operators in the Indiana Lime- stone District. During the year 1937 the quarrying operations of these 14 companies were as follows : Name of company Shipments to points outside the State of Indiana Shipments to points within the State of Indiana Motion Stone Company------------------------------------------------- $144,600 00 $1, 800 00 Indiana Limestone Corporation_________________________________________ 915,000 00 115,000 00 Ingalls Stone Company-------------------------------------------------- 350,000 00 20, 000 00 Lucerne Valley Engineering Company__________________________________ 8,419 90 10,924 51 B G. Hoadley Quarries,Inc ------------------------------------------- 84, 000 00 77,900 00 Woolery Brothers Stone Company______________________________________ 72, 000 00 8,600 00 Carl Furst Stone Company ---------------------------------------------- 176,000 00 25,000 00 Independent Limestone Company_______________________________________ 23, 000 00 42, 000 00 Bloomington Limestone Corporation------------------------------------- 485,000 00 60, 000 00 Shawnee Stone Company_______________________________________________ 380, 000 00 5,0()0 00 Victor Oolitic Stone Company__________________________________________ 71,000 00 233,000 00 Wallis Stone Company------------------------------------------------- ---------------- 9, 000 00 Empire Stone Company------------------------------------------------ 70, 480 74 27, 479 62 Sare-Hoadley Stone Company___________________________________________ 87, 000 00 3,000 00 The Wallis Stone Company listed above made no shipments outside Indiana in 1937. The record shows, however, that this Company carried on no quarrying operations in 1937. The record permits an inference that the business of this Company, when operating at a 68 NATIONAL LABOR RELATIONS BOARD fuller capacity than in 1937 , is substantially similar to that of the other Companies listed above and that it makes shipments outside Indiana as well as inside Indiana. Four of the Companies involved in these proceedings are not mem- bers of the Institute. They are Reed-Powers Cut Stone Company, Heltonville Limestone Company, Hunter Brothers Stone Company, and Hoadley Brothers Stone Company. During 1937 Reed-Powers Cut Stone Company shipped lime- stone valued at $17,860.83 outside Indiana and limestone valued at $30,375.92 to points inside Indiana. During 1937 Heltonville Limestone Company shipped limestone valued at $580,000 outside Indiana. It shipped no limestone to points inside Indiana during that year. During 1937 Hunter Brothers Stone Company shipped 163,000 cubic feet of limestone outside Indiana. Its total gross business for that year amounted to $65,000. During 1937 Hoadley Brothers Stone Company shipped no lime- stone outside Indiana. During the same year it shipped limestone valued at $20,000 to points inside Indiana. , This Company operates quarries only. The record shows that such quarry operators ship the stone from their quarries to fabricating mills in Indiana, which in turn ship most of such stone, after performing the fabricating oper- ations, outside Indiana. In the case of all the Companies , the shipments of limestone made inside Indiana were made to fabricating mills in Indiana, which in turn shipped most of the limestone outside Indiana. The gross business of the limestone industry in the State of Indiana for the year 1937 amounted to approximately $4,000,000. Approxi- mately 93 per cent of the gross sales represent shipments of stone outside of the State . During 1937 the various companies operating in the Indiana Limestone District purchased approximately $150,000 worth of materials and supplies necessary for their productive oper- ations. About 75 per cent of this amount represents shipments from points outside Indiana. II. THE ORGANIZATIONS INVOLVED Quarry Workers' International Union of North America is a labor organization affiliated with the Committee for Industrial Organiza- tion, admitting to membership all granite quarrymen, quarrying and paving cutters, blacksmiths,-derrickmen, engineers and firemen, steel drill and air drill runners, laborers, soft stone quarrymen and chan- nellers, rubbers, lumpers and boxers, riggers of derricks, cranes or any other devices, used in handling stone, and stone derrickmen, wherever employed. DECISIONS AND ORDERS 69 Quarry Workers' Federal Labor Unions No. 21469 and No. 21471 are labor organizations affiliated with the American Federation of Labor, admitting to membership substantially the same persons as the Quarry Workers' International Union, excluding persons within the jurisdiction of an established craft labor organization affiliated with the American Federation of Labor. III. HISTORY OF EMPLOYER ORGANIZATION AND OF COLLECTIVE BARGAINING IN THE INDIANA LIMESTONE DISTRICT Some time prior to 1909 an organization of the limestone quarry operators in the Indiana Limestone District was formed. This or- ganization was known as the Bedford Stone Club. The purpose of the organization was the compilation and distribution among its members of statistics and information concerning the industry in the Indiana Limestone District, the investigation of railroad freight rates, and the negotiation of contracts for its members with the vari- ous groups of organized workers in the Indiana Limestone District. At all times since 1909, and for some time prior thereto, there have been labor organizations among the workers in the Indiana Limestone District and these labor organizations have negotiated and entered into contracts with the operator-members of the Bedford Stone Club and with the non-member operators in that region. Another organization of operators, known as the Indiana Lime- stone Institute, was formed at a somewhat later date. For a few years both organizations existed but gradually the Indiana Lime- stone Institute took over the functions of the Bedford Stone Club. In 1933 Indiana Limestone Institute negotiated a contract for its members with the Quarry Workers' International Union of North America, which was then affiliated with. the American Federation of Labor. All the operator-members of the Institute signed this con- tract and all the non-member operators signed identical contracts, as had been the custom in the industry for many years prior thereto. Since 1933 it has been the custom in the industry for the labor or- ganizations to complete the negotiation of contracts with a committee Iepresenting the members of the Institute. This committee is ad- vised by a labor relations counsel in the employ of the Institute and its secretarial work is performed by, the secretary of the Institute. The committee is authorized by each member-of the Institute to nego- tiate such a contract and the committee is empowered to bind the var- ious members "as if such negotiations were conducted by each in- dividual firm." Upon the completion of the negotiations each in- dividual company signs a separate, though identical, contract. Identical contracts are then submitted by the labor organizations to non-member operators who sign them without further negotiations. 147841-19-vol 10-6 70 NATIONAL LABOR RELATIONS BOARD IV. THE QUESTION CONCERNING REPRESENTATION In 1937 identical contracts were entered into between the operator- members of the Institute and the Quarry Workers. These contracts expired on the last day of January 1938. The contracts contained provisions for 90 days' notice by either party of intention to terminate or amend the contract. Pursuant to notice given by one of the parties, negotiations were begun in December 1937 between a com- mittee representing the Institute members and the Quarry Workers. These negotiations related to the rates of pay and the general and special rules under which the workers operated. On December 5, 1937, the members of the Quarry Workers in Lawrence, Monroe, and Owen Counties authorized the Quarry Workers' international organization to enter into negotiations with the Committee for Industrial Organization concerning affiliation with the latter organization. On January 15, 1938, pursuant to the au- thorization of the Indiana locals and other locals, the Quarry Work- ers' International organization became affiliated with the Committee for Industrial Organization. The Quarry Workers issued new mem- bership applications for the workers to sign, but did not relinquish their claim to the entire membership of the Quarry Workers as con- stituted before the change in affiliation. The American Federation of Labor immediately sent organizers into the district. Federal Unions were chartered. An organiza- tional drive was immediately started and the Institute and various non-member operators were notified that the Federal Unions claimed that they represented a majority of the workers in a unit appropriate for the purposes of collective bargaining. The committee represent- ing the members of the Institute informed the Quarry Workers that the Federal Unions claimed a majority and that the committee could no longer bargain with the Quarry Workers as the exclusive repre- sentatives of the employees of the Institute members. Several conferences between the rival labor organizations were held for the purpose of arranging for an election to be held with the ,consent of the Companies and the labor organizations, but no agree- ment was reached upon the form of ballot to be used. Although many members of the Quarry Workers joined the Federal Unions, most of them did not resign from the Quarry Workers or notify it of an intention to withdraw. The night before the opening of the hearing in this case, closed-shop contracts were negotiated between the committee representing the operator-members of the Institute and the Federal Unions, after a check of membership cards against pay rolls, which satisfied the committee representing operator-members of the Institute that the Federal Unions represented a majority of the employees of each company belonging to the Institute, with the DECISIONS AND ORDERS 71 exception of B. G. Hoadley Quarries, Inc., and Ingalls Stone Com- pany. There is no evidence in the record which would indicate that these two companies were excluded from the negotiations of such contracts by the committee representing the other operator-members of the Institute. At the hearing the Companies and the labor organizations agreed that questions concerning representation had arisen. We find that questions have arisen concerning representation of employees of the Companies. The closed-shop contracts with the Federal Unions were executed at a time and under such circumstances that it is clear that they afford no reason for our not determining the questions con- cerning representation. V. TIIE EFFECT OF TIME QUESTIONS ,CONCERNING REPRESENTATION UPON COMMERCE - We * find that the questions concerning representation which have arisen, occurring in connectionwith `the operations of the 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. VI. THE APPROPRIATE UNIT In each of the 18 petitions the Quarry Workers claimed that "all employees engaged in and about. the quarries with the exception of blacksmiths, machinists, clerical and supervisory," constitute a unit appropriate for the purposes of collective bargaining. At the hear- ing the Companies and all the labor organizations involved stipu- lated that there be excluded from the unit, or units, claimed by the Quarry Workers "all of the craft employees who have been in the past or are now represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the Interna- tional Association of Machinists; the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers." We see no reason to depart from the definition of employees whom the Companies and the labor organizations have agreed should be included and excluded from the unit or units found to be appropriate. At the hearing none of the Companies or labor organizations stated whether it claimed that the employees of each Company constituted an appropriate unit or that the employees of all the Companies which are members of the Institute constituted a single appropriate unit. This question was left for determination by the Board and evidence 72 NATIONAL LABOR RELATIONS BOARD was introduced on the theory that the Board might find either unit appropriate. The Institute has members other than those which are parties to these proceedings. The members of the Institute which are not parties to these proceedings are not engaged in quarrying opera- tions, while all the 14 companies which are parties to these proceed- ings and are members of the Institute are engaged in quarrying operations. As far as the record shows, these 14 companies consti- tute the entire membership of the Institute engaged in quarrying operations. The facts set forth above in Section III show that for many years the quarry operators in the Indiana Limestone District have been organized in an association for the purposes of collective bargaining with representatives of their employees. The history of the employer organizations, the Bedford Stone Club and the Indiana Limestone Institute, and of the employee organizations shows that collective bargaining on the basis of virtually an industry-wide unit in the Indiana Limestone District has been carried on effectively for many years. The industry has for years operated under the terms of identical contracts negotiated by employers and employees on an industry-wide basis. The employers who are members of the Institute act as a unit for the purposes of collective bargaining and customarily delegate power to bargain collectively to a committee which works in close conjunc- tion with the officers of the Institute. This committee has power to bind the members of the Institute to such contracts as it may negotiate with the representatives of the employees of the members of the Institute. These facts show that the members of the Institute act as a single employer for the purposes of collective bargaining and that they customarily obligate themselves so to act. The history of collective bargaining and the history of both em- ployee and employer organizations in the Indiana Limestone Dis- trict are persuasive of the fact that a unit including all the workers of the Companies which are members of the Institute, except the craft workers specified above, is the one which will insure to those em- ployees the full benefit of their right to self-organization and to collective bargaining, and will otherwise effectuate the policies of the Act.' Another factor leading to this conclusion is that employees in the industry are constantly shifting from one Company to another. Four of the Companies are not members of the Institute. They usually sign contracts which are identical with those signed by the i see Matter of Shipowners' Association of the Pacific Coast. et al and International Longshoremen's and Warehousemen's Union, District No 1, 7 N L. R B 1002; Mat- ter of Mobile Steamship Association , at al and International Longshoremen and Ware- housemen's Union, 8 N. L R B 1297; Matter of Admiar Rubber Company and American Federation of Labor on behalf of Employees of the Company, 0 N L R B 407 Compare Matter of Aluminum Line, at al. and International Longshoremen and Warehousemen's Union, 8 N. L R B. 1325. DECISIONS AND ORDERS 73 members of the Institute. They are not bound by any contract nego- tiated by the committee representing Institute members and are not obligated to sign any such contract. They act independently of the Institute and of each other. For these reasons we are of the opinion that a unit composed of the workers of each of these four Companies, except the craft workers specified above, is appropriate for the purposes of collective bargaining. We find that all the employees of the 14 Companies which are members of the Indiana Limestone Institute 2 engaged in and about the quarries, excluding blacksmiths, machinists, clerical and super- visory employees, and all craft employees who have been or are represented by the Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59, the International Association of Machinists, the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and the International Association of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, consti- tute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees the full benefit of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. We find that all the employees of each of the four following Com- panies, namely, Heltonville Limestone Company, Hunter Brothers Stone Company, Hoadley Brothers Stone Company, and Reed-Powers Cut Stone Company, engaged in and about the quarries, excluding blacksmiths, machinists, clerical and supervisory employees and all craft employees who have been or are represented by the Interna- tional Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59, the International Association of Machinists, the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and the International Association of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, constitute units appro- priate for the purposes of collective bargaining and that said units will insure to employees the full benefit of their right to self-organi- zation and collective bargaining and otherwise effectuate the policies of the Act. VII. THE DETERMINATION OF REPRESENTATIVES A substantial number of the employees in the appropriate units have signed membership-application cards of the Quarry Workers and an even larger number have signed membership-application cards of the Federal Unions. But so many employees have signed 2 The Companies which are members of the Institute are listed in Appendix A and the Companies which are not members of the Institute are listed in Appendix B 74 NATIONAL LABOR RELATIONS BOARD cards of both labor organizations that we cannot determine whether a majority of the employees in the appropriate units have designated either union as their exclusive representative for the purposes of collective bargaining. We find that elections by secret ballot will best resolve the question concerning representation. The Companies and the rival labor organizations agreed that those eligible to vote, in the event that the Board directed elections, shall be all employees in the appropriate units on the pay rolls of the 18 Com- panies during 1937 who have worked 60 days during that year. This is a reasonable standard and we will adopt it with certain clarifica- tions. We understand the agreement to mean that employees in the appropriate units who have worked' for at least 60 days during 1937 for any or all 18 Companies are eligible to vote in the elections and we so hold. Problems will arise concerning the unit allocation of employees who have worked for more than one of the 18 Companies. The standard in such cases shall be : 1. An employee eligible to vote in the elections shall vote as an employee of the 14 companies which are members of the Institute, if he has worked for them for a longer aggregate period than for any one of the 4 non-member companies. 2. An employee eligible to vote in the elections shall vote as an employee of a non-member company if he has worked for it for a longer period than for any of the other non-member companies and for a longer period than for all the 14 companies which are members of the Institute. In a letter to the Board, dated November 9, 1938, the Quarry Workers requested that, in the event the Board directed elections, they be held on December 7 or 8, 1938, in order to enable eligible employees who are now working on W. P. A. projects to vote without loss of pay, since December 7 and 8, 1938, are days on which they do not work on W. P. A. projects. This is a matter which we normally leave in the discretion of the Regional Director in the conduct of the elections, but we hereby direct his attention to the request of the Quarry Workers and recommend that he conduct the elections on December 7 or 8, 1938, if he deems those dates appropriate under all the circumstances. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of the Companies, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. DECISIONS AND ORDERS 75 2. All the employees of the 14 Companies which are members of the Indiana Limestone Institute, engaged in and about the quarries, ex- cluding blacksmiths, machinists, clerical and supervisory employees, and all craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59, the, International Association of Machinists, the Inter- national Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and the International Associ- ation of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All the employees of each of the four following Companies, namely, Heltonville Limestone Company, Hunter Brothers Stone Company, Hoadley Brothers Stone Company, and Reed-Powers Cut Stone Company, engaged in and about the quarries, excluding black- smiths, machinists, clerical and supervisory employees, and all the craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59, the International Association of Machinists, the International Asso- ciation of Operating Engineers, Journeymen Stone Cutters Associa- tion of North America, and the International Association of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, constitute 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation directed by the Board to ascertain representatives for the purpose of collective bargaining with the Companies listed in Appendix A and Appendix B, elections by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, subject to Article III, Section 9, of said Rules and Regulations, as follows : (1) An election shall be held among the employees of the 14 Com- panies listed in Appendix A, engaged in and about the quarries, excluding blacksmiths, machinists, clerical and supervisory em- 76 NATIONAL LABOR RELATIONS BOARD ployees, and all craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 59, the International Association of Machinists, the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and the International Association of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, to deter- mine whether they desire to be represented by Quarry Workers' In- ternational Union of North America, or by Federal Unions No. 21469 and No. 21471, for the purposes of collective bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the Companies listed in Appendix A and Appendix B, provided that he has worked for one or more or all of the Companies listed in Appendix A an amount of time greater in the aggregate than the amount of time he has worked for any one of the Companies listed in Appendix B. (2) An election shall be held among all the employees of Helton- ville Limestone Company engaged in and about the quarries, exclud- ing blacksmiths, machinists, clerical and supervisory employees, and all craft employees who have been or are represented by the Inter- national Brotherhood of Blacksmiths, Drop Forgers and Helpers, Local No. 59, the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and In- ternational Association of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Help- ers, to determine whether they desire to be represented by Quarry Workers' International Union of North America or by Federal Unions No. 21469 and No. 21471, for the purposes of collective bar- gaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the Companies listed in Appendix A and Appendix- B, provided that he has worked for a longer period for Heltonville Limestone Company than for any one of the other companies listed in Appendix B and for a longer period than for all 14 Companies listed in Appendix A combined. (3) An election shall be held among all the employees of Reed- Powers Cut Stone Company engaged in and about the quarries, ex- cluding blacksmiths, machinists, clerical and supervisory employees, and all craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers and Help- ers, Local No. 59, the International Association of Operating Engi- neers, Journeymen Stone Cutters Association of North America, and International Association of Marble, Stone & Slate Polishers, Rub- DECISIONS AND ORDERS 77 hers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, to determine whether they desire to be represented by Quarry Workers' International Union of North America or by Federal Unions No. 21469 and No. 21471, for the purposes of collective bar- gaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the Companies listed in Appendix A and Appendix B, provided that he has worked for a longer period for the Reed-Powers Cut Stone Company than for any one of the other Companies listed in Appendix B and for a longer period than for all 14 Companies listed in Appendix A combined. (4) An election shall be held among all the employees of Hunter Brothers Stone Company engaged in and about the quarries, exclud- ing blacksmiths, machinists, clerical and supervisory employees, and all craft employees who have been or are represented by the Inter- national Brotherhood of Blacksmiths, Drop Forgers and Helpers, Local No. 59, the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and Inter- national Association of Marble, Stone & Slate Polishers, Rubbers & Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, to determine whether they desire to be represented by Quarry Work- ers' International Union of North America or by Federal Unions No. 21469 and No. 21471, for the purposes of collective bargaining, or by neither. For the purpose of this election an employee is hereby de- fined as one who has worked for 60 or more days for any or all of the Companies listed in Appendix A and Appendix B, provided that he has worked for a longer period for Hunter Brothers Stone Company than for any one of the other Companies listed in Appendix B and for a longer period than for all 14 Companies listed in Appendix A combined. (5) An election shall be held among all the employees of Hoadley Brothers Stone Company engaged in and about the quarries, exclud- ing blacksmiths, machinists, clerical and supervisory employees, and all craft employees who have been or are represented by the Inter- national Brotherhood of Blacksmiths, Drop Forgers and Helpers, Local No. 59, the International Association of Operating Engineers, Journeymen Stone Cutters Association of North America, and Inter- national Association of Marble, Stone & Slate Polishers, Rubbers &, Sawyers, Tile & Marble Setters Helpers & Terrazzo Workers Helpers, to determine whether they desire to be represented by Quarry Work- ers' International Union of North America or by Federal Unions No. 21469 and No. 21471, for the purposes of collective bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all 78 NATIONAL LABOR RELATIONS BOARD of the Companies listed in Appendix A and Appendix B, provided that he has worked for a longer period for Hoadley Brothers Stone Company than for any one of the other Companies listed in Appendix B and for a longer period than for all 14 Companies listed in Appen- dix A combined. APPENDIX A Monon Stone Company Indiana Limestone Corporation Ingalls Stone Company Lucerne Valley Engineering Company B. G. Hoadley Quarries, Inc. Woolery Brothers Stone Com- pany Carl Furst Stone Company Independent Limestone Company Bloomington Limestone Corpora- tion Shawnee Stone Company Victor Oolitic Stone Company Wallis Stone Company Empire Stone Company Sare-Hoadley Stone Company APPENDIx B Hoadley Brothers Stone Com- Heltonville Limestone Company pany Hunter Brothers Stone Company Reed-Powers Cut Stone Company [SAME TITLE AMENDMENT TO DIRECTION OF ELECTIONS December 19, 1938 On December 2, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding, the elections to be held within fifteen (15) days from the date of the Direction, under the direction and supervi- sion of the Regional Director for the Eleventh Region (Indianapolis, Indiana). The Board, having thereafter granted oral argument on various matters upon request of Federal Labor Unions No. 21469 and No. 21471, and having been advised by the Regional Director for the Eleventh Region, that a longer period within which to hold the elec- tions is necessary, hereby amends the Direction of Elections issued on December 2,1938, by striking therefrom the words "within fifteen (15) days from the date of this Direction" and substituting therefor the words "at such time as the Board may in the future direct." 10 N. L. R. B., No. 6a. DECISIONS AND ORDERS SAME TITLE 79 SUPPLEMENTAL DECISION AND SECOND AMENDMENT TO DIRECTION OF ELECTIONS January 21, 1939 On December 2, 1938, the National Labor Relations Board, herein called the Board , issued its Decision and Direction of Elections in the above -entitled matter . In its Decision the Board found that certain classes of employees of the 14 companies 1 which are members of the Indiana Limestone Institute constitute a unit appropriate for the purposes of collective bargaining . The Board also found that the same classes of employees of each of the four non-member com- panies, namely, Heltonville Limestone Company, Hunter Brothers Stone Company , Hoadley Brothers Stone Company , and Reed-Powers Cut Stone Company, constitute appropriate bargaining units. In its Direction of Elections the Board directed that elections by secret ballot be conducted among the employees in the appropriate units within 15 days from the date of the Direction , under the direction and supervision of the Regional Director for the Eleventh Region, to determine whether they desire to be represented by Quarry Workers' International Union of North America, herein called the Quarry Workers, or by Federal Unions No. 21469 and No. 21471, herein called the Federal Unions, for the purposes of collective bar- gaining, or by neither. On December 14, 1938, the Federal Unions filed with the Board a document containing 7 motions , requesting in substance that the Di- rection of Elections be vacated , that the Board certify the Federal Unions as the exclusive representative of the employees , that the 'Board grant a rehearing on its Decision and Direction of Elections, that the Board vacate its Decision respecting the appropriate units and find that the employees of each employer constitute a separate unit, that the Board postpone the elections and grant oral argument on the various motions presented , and that in the event all of the parties to the proceedings consent to a unit consisting of the em- ployees of all 18 employers , that such employees be found to consti- tute a single unit' for the purpose of selecting a bargaining repre- sentative. The document set forth reasons in support of the motions. On December 17, 1938, the Board granted the Federal Unions' motion for oral argument and duly notified all the parties that such ' These companies are listed in Appendix A of the Decision and Direction of Election. so NATIONAL LABOR RELATIONS BOARD argument would be held before the'Board in Washington, D. C. on December 27, 1938. On the same day the Board issued an Amend- ment to Direction of Elections, postponing the holding of the elec- tions until "such time as the Board may in the future direct." On December 21, 1938, the Board duly notified all the parties that the oral argument was postponed from December 27, 1938, to January 12, 1939. Pursuant to notice, oral argument was held before the Board in Washington, D. C., on January 12, 1939. Mr. Joseph A. Padway, of Washington, D. C., and Mr. Donald E. Bowen, of Corr & Bowen, of Bloomington, Indiana, appeared for the Federal Unions ; Mr. Anthony Wayne Smith, of Washington, D. C., and Mr. Milton Siegel, of Indianapolis, Indiana, appeared for the Quarry Workers; Mr. W. C. Clark, of Bedford, Indiana, appeared for all of the com- panies in the proceeding except Hunter Brothers Stone Company;, Mr. Morton T. Hunter, of Bloomington, Indiana,, appeared for Hunter Brothers Stone Company; Mr. William McCarthy, of Wash- ington, D. C., appeared for the International Association of Marble, Stone and Slate Polishers, Rubbers & Sawyers, Tile & Marble Set- ters, Helpers & Terrazzo Workers. Helpers; and Mr. 'John P. Coyne appeared for the International Union of Operating Engineers. Al- though all parties were afforded an opportunity to participate in the argument only the Federal Unions, the Quarry Workers, and the companies participated. Counsel for the Federal Unions did not dispute the facts upon which the Board made its findings as to the appropriate units, but urged that the Board was without power to hold that the employees of more than a single employer constituted an appropriate unit, and further than if the Board had such power, a single unit composed of the employees of the 14 companies which were members of the Indi- ana Limestone Institute was not such a unit as insures to the em- ployees the full benefit of the right to self-organization and to col- lective bargaining. Counsel for all the companies, except Hunter Brothers Stone Company, stated that he considered the units found to be appropriate by the Board in its Decision as more likely to facilitate collective bargaining than 18 separate units. Hunter Brothers Stone Company, which is not a member of the Institute, was satisfied with the Board's finding that its employees constituted a separate unit. Counsel for the Quarry Workers urged that the Board adhere to its findings as to the appropriate' units and proceed with the holding of the elections. After hearing argument by all the parties we see no reason for departing from our findings as to the appropriate units. The argu- DECISIONS AND ORDERS 81 ment, even more clearly than the record , showed that under the cir- cumstances of this case the units found by us to be appropriate will result in less confusion by permitting the continuance of collective bargaining on substantially the same broad basis as in the past, thereby best insuring to the employees the full benefit of their right to self-organization and collective bargaining . At the hearing all the parties were asked if they would consent to a single unit com- posed of the employees of all 18 companies , as suggested - in the mo- tion of the Federal Unions, but such consent was not given. Counsel for the Federal Unions urged that elections are unneces- sary to determine the bargaining representatives of the employees and that the Board, without conducting elections , should certify the Federal Unions as the exclusive representatives of the employees. The reasons presented in support of this motion were all considered by us when we directed the holding of elections to determine the bar- gaining representatives of the employees , and we see no reason for changing our ruling. The motions of the Federal Unions are hereby denied. Accord- ingly we will 'fix the date for the holding of the elections . The Direc- tion of Elections, as amended, is hereby amended by striking there- from the words "within such time as the Board may in the future direct," and substituting therefor the words "on or before February 10, 1939." MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Supplemental Decision and Second Amendment to Direction of Elections. 10 N. L. R. B, No. 6b. .