National Gypsum Co.

National Labor Relations Board - Board Decisions

Jul 19, 1944

57 N.L.R.B. 422 (N.L.R.B. 1944)

In the Matter of'NATIONAL GYPSUM COMPANY and DISTRICT 50,
UNITED MINE Won nas OF AMERICA
Case No. 9-R-1416.-Decided July 19,1944
Mr. D. W. Burnett, of Alexandria, Ind.. for the Company.
Mr. Stanley E.'Stohr, of Terre Haute, Ind., for District 50.
Mr.,Jesse W. Peden, of Indianapolis, Ind., for the Stone Workers.
Mr. Bernard Goldberg, of counsel to the, Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
National Gypsum Company, Alexandria, Indiana, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before'James H. Shaw, Trial Exam-
iner. Said hearing was held at Alexandria, Indiana, on June 9,
1944. The -Company, District 50, and United Stone and Allied
Products Workers of America, C. I. 0., Branch 34, herein called the
Stone Workers, appeared and participated. All _ parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence 'bearinig'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 oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
.•National'Gypsum Company,- a Delaware corporation , has its princi-
pal offices in Buffalo , New York, and numerous plants in different
.parts of the - United States. - Its plant at Alexandria , Indiana, with
57 N. L. R. B., No. Si.
422
I
NATIONAL GYPSUM COMPANY 423
which this proceeding is. concerned, is. engaged in-' the ' manlifacture
of rock wool insulation products: This plant's monthly purchases
of raw materials used in the 'manufacturing process are valued at
approximately $50,000, of which 60 percent is received from sources
outside the State of Indiana; The monthly production of finished
products is valued at approximately $100,000, of which 85 percent is
shipped to,points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine, Workers of America, unaffiliated, and
United Stone and Allied Production Workers of America, Branch 34,
affiliated with the Congress of Industrial Organizations, are labor or-
ganizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 25, 1943, the Stone Workers and the Company entered into
an exclusive bargaining contract for 1 year, automatically renewable
from year to year thereafter unless either party gave notice of a desire
to change the contract at least thirty (30) days prior to the anniversary
date. It is conceded that neither party to the contract has served
notice of a desire to effectuate any change. On March 29, 1944, or
more than 30 days prior to the first anniversary date of the contract,
District 50, claiming to represent a majority of its employees, requested
that the Company start contract negotiations. The Stone Workers
contends that its contract constitutes a bar to the present proceeding.
The Company takes no position in the controversy but will bargain
collectively with whichever union is ' certified by the, Board in an ap-
propriate unit. This case falls squarely within the rule, repeatedly
enunciated-by the Board, that a contract automatically renewed after
a conflicting timely claim to representation has been, made, does not
constitute a bar to a new election.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that District 50 represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
',We_ find that a question affecting commerce has 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.
' Matter,' o f Hall 'Manufaetwring Company, 40 N. L. R . B: 14; Matter of Kingan d Co:,
Inc, 37 N L R. B '716
2 The Field Examiner reported that District 50 submitted 120 authorization cards ; that
the names of 101 persons appearing on the cards were listed on the Company's pay roll of
May 7, 1944, which contained the names of 114 employees in the appropriate unit ; and that
101 cards were dated in March 1944 The Stone workers, relying on its contract, produced
no evidence of membership among the employees of the Company.
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find; in substantial agreement, with;a stipulation of the parties,
that all employees of the Company's, plant at Alexandria, Indiana,,ex-
eluding inspectors, clerks, watchmen, janitors, caretakers, main office
employees and all or any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees; or effectively recommend such action, 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 concerning, representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the'date of the,Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By vi"rtue'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 Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Gypsum
Company, Alexandria, Indiana, 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, 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 Regulations, among the em-
ployees 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 the
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States. who present themselves in person at, the polls, but ex-
cluding 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, to determine whether they desire to be represented by Dis-
trict 50, United Mine Workers of America, unaffiliated; or by United
Stone and Allied Products Workers of America, Branch 34, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining; or by neither.