Ohio Blue Limestone Co.

National Labor Relations Board - Board DecisionsDec 6, 1944

59 N.L.R.B. 744 (N.L.R.B. 1944)

In the Matter of OHIO BLUE LIMESTONE COD[PA\v and UNITED CONSTRUCTION WORKERS, UNITED MINE WORKERS OF AMERICA Case No. 8-R-1703.-Decided December 6, -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 Ohio Blue Limestone Company, Marion, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ruth H. Sevick, Trial Examiner. Said hearing was held at Marion, Ohio, on No- vember 17, 1944. The Company and the Union appeared; partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence hearing 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 Ohio Blue Limestone Company is an Ohio corporation with its principal offices at Findlay, Ohio. It operates a plant at Marion, Ohio, where it is- engaged in the manufacture of crushed stone and ready mixed cement for use in the construction and maintenance of roads, airports, and streets and ballast for railroad tracks. During the first 59 N. L. R. B., No. 149. 744 OHIO BLUE LIMESTONE COMPANY 745 -10 months of 1944, the Company sold products valued at about $290,000, some of which was sold to Erie Railroad and Cleveland Airport. During the 6-month period preceding September 30, 1944, the Com- pany purchased supplies valued at about $35,000, approximately 14 percent of which was shipped to it from points outside the State of Ohio. We find that the Company's business affects commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATION INVOLVED United Construction Workers, United Mine Workers of America, is a labor organization admitting to membership employees of the Com- pany. ITT. 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 substan- tial number of employees in the unit hereinafter found to be ap- propriate.' 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 Marion, Ohio, opera- tions of the Company, including truck drivers, but excluding Aerical 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. V. THE DETERMINATION OF REPRESENTATIVES 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 â€¢ 1 The Field Examiner reported that the Union presented 33 authorization cards There are 33 persons in the appropriate unit. 746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD appears as to why we should depart from our usual practice, we shall direct that those eligible to vote shall be the employees in the appro- priate unit who- were employed during the pay-roll period imme- diately preceding the date of the 'Direction of Election herein, sub- ject to the limitations and additions set forth in the Direction., DIRECTION OF ELECTION s 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, as-amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Ohio Blue Lime- stone Company, Marion, 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 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 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 election, to determine whether or not they desire to be represented by United Construction Workers, United Mine Workers of America, for the purposes of collective bar- gaining. ,