National Lime and Stone Co.

National Labor Relations Board - Board Decisions

Dec 8, 1944

59 N.L.R.B. 797 (N.L.R.B. 1944)

In the Matter of NATIONAL LIME AND STONE COMPANY and UNITED
CONSTRUCTION WORKERS, UNITED MINE WORKERS OF AMERICA
Case No. 8-,R-1697.-Decided December 8, 1944
Mr. Louis G. Love, of Findlay, Ohio, for the Company.
Messrs. A. B. Sparks and John C. Christman, of Columbus, Ohio,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, United
Mine Workers of America, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of National Lime and Stone Company, Findlay, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Ruth H.
Serick, Trial Examiner. Said hearing was held at Marion, Ohio, on
November 17, 1944. The Company and the Union appeared, partic-
ipated, 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 opportunity 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 Lime and Stone Company is an Ohio corporation with its
principal offices at Findlay, Ohio. It operates plants at 5 cities in
the State of Ohio, where it is engaged in the manufacture of commer-
cial and railroad stone and other lime and stone products. We are
here concerned with its plant at Spore, Ohio, where it is engaged in
59 N. L. R. B., No. 160.
797
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the manufacture of crushed limestone for use in the construction and
maintenance of roads and streets and ballast for railroad tracks.
During the first 10 months of 1944, the Company sold products from
its Spore plant valued a£ about $238,000, some of which was sold to
New York Central Railroad. During the 6-month period preceding
September 30, 1944, the Company purchased supplies for the Spore
plant valued at about $37,000, approximately 6 percent of which was
shipped to it from points outside the State of Ohio. The total value
of finished products produced at all Ohio plants of the. Company is in
excess of $500,000 annually, approximately 30 percent of which is
shipped to points outside the State of Ohio.
We find that the Company's business at its Spore plant affects com-
merce within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Construction Workers of America, United Mine Workers
of America, is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
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.
IV. THE APPROPRIATE UNIT
We find, in accordance with' a stipulation of the parties, that all
production and maintenance employees at the Spore, Ohio, oper-
ations of the Company, including truck drivers, but excluding clerical
employees and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
The Field Examiner reported that the Union presented 25 authorization cards. There
are 35 persons in the appropriate unit.
NATIONAL LIME AND STONE COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
799
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. The
Union urges that a pay roll as of the date of the hearing be used to
determine eligibility to vote. Inasmuch as no persuasive reason ap-
pears for departing from our usual practice, we shall direct that those
eligible to vote shall be the employees in the, appropriate unit *ho
were employed during the pay-roll period immediately preceding the
date of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Lime
and Stone Company, Findlay, Ohio, 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 Eighth 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 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 dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any 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 or not they desire to be represented by United
Construction Workers, United Mine Workers of America, for the pur-
poses of collective bargaining.
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