Piedmont Granite Quarries Inc.

National Labor Relations Board - Board Decisions

Sep 21, 1938

8 N.L.R.B. 1202 (N.L.R.B. 1938)

In the Matter Of PIEDMONT GRANITE QUARRIES INC. and QUARRY
WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No.
266
In the Matter Of OGLESBY GRANITE QUARRIERS and QUARRY WORKERS
INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266
In the Matter Of SOUTHERN QUARRYING COMPANY and QUARRY
WORKERS INTERNATIONAL UNION OF NORTH AMERICA , LOCAL No.
266
In the Matter of ELBERTON GRANITE INDUSTRIES INC. and QUARRY
WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No.
266
In the Matter of CoMMOLI GRANITE COMPANY and QUARRY WORKERS
INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266
In the Matter of AMERICAN GRANITE QUARRIES INC. and QUARRY
WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No.
266
In the Matter of SOUTHEASTERN GRANITE COMPANY and QUARRY
WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No.
266
Cases Nos. R-960 to R-966, inclusive, respectively.Decided
September 21, 1938
Granite Quarrying Industry-Investigation of Representatives : controversy
concerning representation of employees : rival organizations ; refusal of employ-
ers to bargain collectively with union whose majority status uncertain-Units
Appropriate for Collective Bargaining : ( 1) production and maintenance em-
ployees at quarries , excluding supervisory and clerical employees ; ( 2) pro-
duction and maintenance employees at shed, excluding granite cutters and
supervisory and clerical employees ; stipulations as to-Representatives : eligi-
bility to participate in choice : employees temporarily laid off ; employees as
to whom a charge alleging discharge for union activity has been filed with
Board-Elections Ordered: pursuant to stipulations.
Mr. Marion A. Prowell, for the Board.
Mr. Raymnonde Stapleton, of Elberton, Ga., for the Companies.
Mr. Joseph Jacobs, of Atlanta, Ga., and Mr. B. T. Garner, of Cull-
man, Ala., for the Quarry Workers Union.
Mr. Clark Edwards, Jr., of Elberton, Ga., and Mr. James F. Bar-
rett, of Hendersonville, N. C., for the Granite Workers Union.
Mr. Robert Kramer, of counsel to the Board.
SN.L R B, No. 148.
1202
DECISIONS AND ORDERS
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
1203
On May 20 and 28, 1938, Quarry Workers International Union of
North America, Local No. 266, herein called the Quarry Workers
Union, filed with the Regional Director for the Tenth Region (At-
lanta, Georgia) separate petitions alleging that questions affecting
commerce had arisen concerning the representation of employees of
Piedmont Granite Quarries Inc., Oglesby Granite Quarriers, South-
ern Quarrying Company, Elberton Granite Industries Inc., Commoli
Granite Company, American Granite Quarries Inc., and Southeast-
_--ern Granite Company, all of Elberton, Georgia, herein collectively
called the Companies, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July 6,
1938, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an- appropriate hearing
upon due notice; and, acting pursuant to Article III, Section 10 (c)
(2), of said Rules and Regulations, further ordered that the proceed-
ings be consolidated for the purposes of hearing.
On July 19, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Companies, the Quarry
Workers Union, and upon American Federation of Labor Granite
Workers Union, No. 21628, herein called the Granite Workers Union,
a labor organization claiming to represent employees directly affected
by the investigation. Pursuant to the notice, a hearing was held on
July 25 and 26, 1938, at Elberton, Georgia, before Albert H. Lohm,
the Trial Examiner duly designated by the Board. During the first
day of the hearing, the Trial Examiner granted a motion to inter-
vene made by the Granite Workers Union. The Board, the Com-
panies, the Quarry Workers Union, and the Granite Workers Union
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
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 Examiner
and finds that no prejudicial errors were committed. The rulings
117213-39-vol. 8--77
1204 NATIONAL LABOR RELATIONS BOARD
are hereby affirmed. On August 1, 1938, after the close of the hear-
ing, the Quarry Workers Union filed a motion praying that the in-
tervention of the Granite Workers Union be expunged from the
record. The Board hereby denies this motion.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Each of the seven Companies , except Southeastern Granite Com-
pany, is a Georgia corporation , engaged exclusively in the quarrying
of granite in Georgia . Piedmont Granite Quarries Inc. annually
quarries 100,000 cubic feet of granite , valued at $100,000 , of which
25 per cent is shipped directly out of the State of Georgia and 75
per cent to the Berkeley Corporation at Atlanta , Georgia, and then
out of Georgia. Ninety-five per cent of the Company 's parts and
supplies , mainly dynamite , coal, powder , shot, and steel , valued at
$21,000 annually, are shipped to it from points from outside Georgia.
Oglesby Granite Quarriers annually quarries 145,000 cubic feet
of granite, valued at $145,000, of which 90 per cent is shipped directly
out of the State of Georgia and 10 per cent to local manufacturers
who ship the granite out of Georgia. All of the Company's sup-
plies, mainly coal, steel , shot, dynamite , oil, and powder, valued at
$50,000 annually , are shipped to it from points outside the State of
Georgia.
Southern Quarrying Company annually quarries 100,000 cubic feet
of granite , worth $85,000 , of which 25 per cent is shipped directly
out of the State of Georgia and the remainder to local manufacturers
who ship the granite out of Georgia. All of the Company's sup-
plies, mainly shot, coal, steel , powder, and dynamite, valued at
$20,000 annually , are shipped to it from points outside the State of
Georgia.
Elberton Granite , Industries Inc. annually produces 55,500 cubic
feet of granite , worth $75,000 , of which it ships 75 per cent directly
out of the State of Georgia and sells the remainder to local manu-
facturers who ship it out of Georgia. All of the Company's sup-
plies, mainly shot, coal, oil, steel , and dynamite , valued at $22,000
annually, are shipped to it from points outside Georgia.
Commoli Granite Company annually quarries 24,000 cubic feet of
granite, worth $24,000, and ships 65 per cent of this granite directly
out of Georgia and sells the remainder to local dealers who ship
it out of Georgia. All of the Company's supplies , mainly, coal, oil,
steel, shot, and dynamite , valued at $15,000 annually , are shipped to
it from points outside of Georgia.
DECISIONS AND ORDERS 1205
i
American Granite Quarries Inc. quarries annually 110,000 cubic
feet of granite, valued at $95,000, all of which is shipped out of the
State of Georgia, after being finished by local manufacturers. All
of the Company's supplies, mainly shot, steel, oil, powder, and dyna-
mite, amounting annually to $20,000, are shipped to it from points
outside of Georgia.
The sole proprietorship known as Southeastern Granite Company
is owned and operated by J. Frank Bailey. In addition to quarrying
granite in Georgia, it operates a shed at Elberton, Georgia, where
some of this quarried granite is finished. All of its annual produc-
tion, amounting to 13,000 cubic feet of granite, worth $15,000, is
shipped to points outside of Georgia, and all its supplies for the
quarry and shed, mainly oil, shot, steel, and machinery, amounting
to $8,300 annually, are shipped to it from points outside of Georgia.
II. THE ORGANIZATIONS INVOLVED
Quarry Workers International Union of North America, Local 266,
is a labor organization affiliated with the Committee for Industrial
Organization, admitting to its membership all production and main-
tenance employees of the Companies, excluding supervisory and
clerical employees and granite cutters.
American Federation of Labor Granite Workers Union No. 21628
is a labor organization admitting to its membership substantially the
same classes of employees as the Quarry Workers Union.
HI. THE QUESTION CONCERNING REPRESENTATION
Both the Quarry Workers Union and the Granite Workers Union
claim to represent a majority of the employees of each of the Com-
panies. Each Company has been requested by the Quarry Workers
Union to bargain collectively with it, but has refused to do so on
the ground that it does not know which labor organization represents
a majority of its employees.
We find that a question has arisen concerning representation of
employees of each of the Companies.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of each of the
Companies described in Section I above, has a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
States, and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
1206 NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
It was jointly stipulated by all the parties to the proceedings, and
we find, that the production and maintenance employees employed
in and about the quarries of each of the seven Companies, classified
as quarrymen, plug drillers, derrick men, blacksmith helpers, chan-
nel bar runners or operators, jackhammer drill runners or operators,
blasters, gang saw helpers, blacksmiths, pneumatic drill operators,
head ledgemen, water boys, and common laborers, excluding super-
visory and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure to
employees of each of the Companies the full benefit of their right
to self-organization and to collective bargaining and otherwise ef-
fectuate the policies of the Act.
It was jointly stipulated by all parties to the proceedings, and
we find, that the production and maintenance employees employed
in and about the shed of Southeastern Granite Company, classified
as bed setters, lumpers, boxers, cranemen, saw helpers, blacksmith
helpers, tool grinders, truck drivers, and common laborers, excluding
granite cutters and supervisory and clerical employees, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of Southeastern Granite Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
It was agreed by all parties to the proceedings, and we find, that
the questions concerning representation which have arisen can best
be resolved by means of elections by secret ballot.
It was stipulated by all parties to the proceedings, and we will so
direct, that for each of the Companies, except Elberton Granite
Industries Inc. and Southeastern Granite Company, the pay roll in-
troduced in evidence as the pay roll of May 25, 1938,1 shall govern
the eligibility of elnployoes to participate in the election; for Elber-
ton Granite Industries Inc., the pay roll of May 19, 1938, shall de-
termine such eligibility; and for Southeastern Granite -Company, the
pay roll of May 21, 1938, shall determine the eligibility of the quarry
employees, and the pay roll of May 19, 1938, for the finishing shed
employees.2 It was agreed by all parties that in the case of Pied-
'Board Exhibit 18, introduced in evidence as the American Granite Quarries Inc. pay
roll for May 25, 1938, is dated May 21, 1938, and Board Exhibit 19, introduced in evidence
as the Commoli Granite Company pay roll for May 25, 1938, is dated May 21, 1938
2 The Southeastern Granite Company pay roll for May 25 , 1938, is the one referred to
in the stipulation of the parties , but the pay rolls for May 19 and 21, 1938, were the ones
introduced in evidence.
DECISIONS AND ORDERS 1207
mont Granite Quarries Inc. no person who has left its employ since
the pay-roll date determining eligibility to vote shall be entitled to
vote unless he has been temporarily laid off -for lack of work, or un-
less a charge has been filed with the National Labor Relations Board
alleging that such employee was discharged for union activity. We
are of the opinion that this agreement embodies eligibility qualifica-
tions which should be applicable to the employees of all the Com-
panies, and we will so direct.
The parties also agreed that all elections should be held at quarries
on working days, and, in the case of Piedmont Granite Quarries Inc.,
that the polls be open at least 2 hours before the closing of the shift
and at least 2 hours after the closing of the shift. These are mat-
ters within the discretion of the Regional Director in his conduct of
the elections, but we see no objection to the holding of the elections
at the time and place agreed upon by the parties.
On the basis of the above findings of fact and upon the entire
record of the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre=
sentation of employees of Piedmont Granite Quarries Inc., Oglesby
Granite Quarriers, Southern Quarrying Company, Elberton Granite
Industries Inc., Commoli Granite Company, American Granite Quar-.
ries Inc., and Southeastern Granite Company, all of Elberton, Geor-
gia, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act. -
- 2. The production and maintenance employees of each of the seven
Companies employed in and about the quarries, classified as quarry-
men, plug drillers, derrick men, blacksmith helpers, channel bar
runners or operators, jackhammer drill runners or operators, blasters,
gang saw helpers, blacksmiths, pneumatic drill operators, head ledge-
nien, water boys, and common laborers, excluding supervisory and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. The oproduction and maintenance employees of Southeastern
Granite Company employed in and about its shed, classified as bed
setters, lumpers, boxers, cranemen, saw helpers, blacksmith helpers,
tool grinders, truck drivers, and common laborers, excluding granite
cutters and supervisory and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
1208 NATIONAL LABOR RELATIONS BOARD
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 Re-
lations Act, 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 authorized by the Board
to ascertain representatives for collective bargaining with Piedmont
Granite Quarries, Inc., Oglesby Granite Quarriers , Southern Quarry-
ing Company, Elberton Granite Industries Inc., Commoli Granite
Company, American Granite Quarries Inc., and Southeastern Granite
Company, all of Elberton, Georgia, 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
Tenth Region, acting in the matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations,
(1) among the employees employed in and about the quarries of
each of the seven above-named Companies, classified as quarrymen.
plug drillers, derrick men, blacksmith helpers, channel bar runners
or operators, jackhammer drill runners or operators, blasters, gang
saw helpers, blacksmiths, pneumatic drill operators, head ledgemen,
water boys, and common laborers, whose names appear on the May 19,
1938, pay roll of Elberton Granite Industries Inc., on the May 21,
1938, pay roll of Southeastern Granite Company, and on the May 25,
1938, pay roll of the other five Companies,3 excluding supervisory
and clerical employees and those who have since left the Companies'
employ unless temporarily laid off for lack of work or unless a
charge has been filed with the National Labor Relations Board alleg-
ing that such employee was discharged for union activity, to deter-
mine whether such employees desire to be represented by Quarry
Workers International Union of North America, Local 266, affiliated
with the Committee for Industrial Organization, or by American
Federation of Labor Granite Workers Union No. 21628 , for the
purposes of collective bargaining, or by neither;
(2) among the employees of Southeastern Granite Company em-
ployed in and about its shed and classified as bed setters, lumpers,
boxers, cranemen, saw helpers, blacksmith helpers, tool grinders,
truck drivers, and common laborers, whose names appear on the
Company's pay roll of May 19, 1938, excluding granite cutters, super-
visory and clerical employees, and all those who have since left the
3 Board Exhibits 18 and 19, introduced in evidence as the American Granite Quarries
Inc. and the Commoli Granite Company pay rolls for May 25, 1938, are dated May 21,
1938, and shall be used to determine eligibility to vote.
DECISIONS AND ORDERS 1209
Company's employ unless temporarily laid off or unless a charge has
been filed with the National Labor Relations Board alleging that such
employee was discharged for union activity, to determine whether
such employees desire to be represented by Quarry Workers Inter-
national Union of North America, Local 266, affiliated with the Com-
mittee for Industrial Organization, or by American Federation of
Labor Granite Workers Union No. 21628, for the purposes of collec-
tive bargaining, or by neither.
Ma. EDwiN S. SMrrx took no part in the consideration of the above
Decision and Direction of Elections.
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