Piedmont Granite Quarries Inc.

National Labor Relations Board - Board Decisions

Oct 5, 1938

9 N.L.R.B. 40 (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 QUARRLERS 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
AMENDMENT TO DIRECTION OF ELECTIONS
October 5, 1938
On September 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in
the above-entitled matter, the elections to be held within fifteen (15)
days from the date of the Direction, under the direction and super-
vision of the Regional Director for the Tenth Region (Atlanta,
Georgia). On September 29, 1938, American Federation of Labor
Granite Workers Union No. 21628, an intervenor in these proceedings,
requested the Board to withdraw its name from the ballot in the
elections which the Board had directed in its Direction of Elections.
On October 3, 1938, the Regional Director requested the Board for an
additional period of ten (10) days in which to conduct the elections.
18 N. L.R.B 1202
9 N. L. it. B., No. 10.
40
DECISIONS AND ORDERS 41
The Board hereby amends its Direction of Elections by striking out
the words, "to determine whether such employees desire to be repre-
sented' 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," which
appear as the concluding portion of paragraph 1 and also of para-
graph 2 of said Direction of Elections, and inserting in lieu thereof
in both paragraph 1 and paragraph 2 the words, "to determine
whether or not such employees desire to be represented by Quarry
Workers International Union of North America, Local 266, affiliated
with the Committee for Industrial Organization, for the purposes of
collective bargaining." The Board hereby further amends its Direc-
tion of Elections by striking out the words, "within fifteen (15) days
from the date of this Direction," and substituting therefor the words,
"within twenty-five (25) days from the date of this Direction."
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Direction of Elections.
-[SAME TITLE]
SECOND AMENDMENT TO DIRECTION OF ELECTIONS
October 12, 1938
On September 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections, and
on October 5, 1938, an Amendment to Direction of Elections in the
above-entitled matter. On October 6, 1938, Quarry Workers Inter-
national Union of North America, Local No. 266 requested the Board
to designate it on the ballot in the elections which the Board had
directed in its Direction of Elections and its Amendment to Direction
of Elections as Quarry Workers International Union of North
America.
The Board hereby amends its Direction of Elections, as amended,
by striking out the words, "Local No. 266," in both paragraph 1 and
paragraph 2 of said Direction of Elections , as amended.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Second Amendment to Direction of Elections.
9 N. L. B . B., No. 10a.
42 NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
THIRD AMENDMENT TO DIRECTION OF ELECTIONS
October 28, 1938
On September 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections, on
October 5, 1938, an Amendment to Direction of Elections, and on
October 12, 1938, a Second Amendment to Direction of Elections
in the above-entitled matter. The Direction of Elections , as amended,
provided that the elections should be held within twenty- five (25)
days from the date of the Direction, under the direction and super-
vision of the Regional Director for the Tenth Region (Atlanta,
Georgia). On October 24, 1938, the Regional Director requested the
Board to postpone indefinitely the election to be held among the
employees of Commoli Granite Company.
The Board hereby amends its Direction of Elections, as amended,
by striking out the words, "Commoli Granite Company, American
Granite Quarries Inc., and Southeastern Granite Company, all of
Elberton, Georgia, elections by secret ballot shall be conducted with-
in twenty-five (25) days from the date of this Direction," and insert-
ing in lieu-thereof the words, '
"American Granite Quarries Inc., and Southeastern Granite Com-
pany, all of Elberton, Georgia, elections by secret ballot shall be
conducted within twenty-five (25) days from the date of this Direc-
tion, and as part of the investigation authorized by the Board to
ascertain representatives for collective bargaining with Commoli
Granite Company, Elberton, Georgia, an election by secret ballot shall
be conducted at such time as the Board may in the future direct."
9 N. L. R. B., No. 10b.
[SAME TITLE]
SUPPLEMENTAL DECISION
ORDER
AND
CERTIFICATION OF REPRESENTATIVES
November 17, 1938
On September 21, 1938, the National Labor Relations Board, here-
in called the Board, issued a Decision and Direction of Elections
in the above-entitled matter. On October 5, 1938, the Board issued
an Amendment to Direction of Elections. On October 12, 1938, the
Board issued a Second Amendment-to Direction of Elections. On
DECISIONS AND ORDERS 43
October 28, 1938, the Board issued a Third Amendment to Direc-
tion of Elections.
The Direction of Elections, as amended, provided that elections
by secret ballot be conducted within twenty-five (25) -days from the
date of the Direction among the employees of Piedmont, Granite
Quarries Inc., Oglesby Granite Quarriers, Southern Quarrying Com-
pany, Elberton Granite Industries Inc., Southeastern Granite Com-
pany, and American Granite Quarries Inc.,' all of Elberton, Georgia,
employed in and about the quarries of each of the six above-named
companies, classified as quarrymen, plug drillers, derrick men, black-
smith helpers, channel bar runners or operators, jackhammer drill
runners or operators, blasters, gang saw helpers, blacksmiths, pneu-
matic drill operators,- head ledgemen, water boys, and common
laborers, whose names appeared 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 four companies, excluding supervisory and clerical em-
ployees and those who had since left the companies' employ unless
temporarily laid off for lack of work or unless a charge had been
filed with the Board alleging that such employee had been dis-
charged for union activity, to determine whether or not such em-
ployees desired to be represented by Quarry Workers International
Union of North -America, affiliated with the Committee for Indus-
trial Organization, for the purposes of collective bargaining. The
Direction of Elections, as'amended, further provided that an election
by secret ballot be conducted within twenty-five (25) days from the
date of the Direction among the employees of Southeastern Granite
Company, Elberton, Georgia, employed 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 appeared on the pay roll of May 19, 1938,
excluding granite cutters, supervisory and clerical employees, and
all those who had since left the company's employ unless temporarily
laid off or unless a charge had been filed with the Board alleging that
such employee was discharged for union activity, to determine
whether or not such employees desired to be represented by Quarry
Workers International Union of North America, affiliated with the
Committee for Industrial Organization, for the purposes of collec-
tive bargaining.
Pursuant to the Decision and Direction of Elections, as amended,
elections by secret ballot were conducted on October 13 and 14, 1938,
under the direction and supervision of the Regional Director for the
Tenth- Region (Atlanta, Georgia). On October 18, 1938, the said
- I This Company is not included in this Supplemental Decision.
44 NATIONAL LABOR RELATIONS BOARD
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and, on October 22, 1938, duly served upon the
parties, Intermediate Reports on the elections. No objections or
exceptions to the Intermediate Reports have been filed by any of the
parties.
As to' the 'election 'among 'the employees of Piedmont " Granite
Quarries Inc., and its results, the Regional Director reported as
follows :
Total Number Eligible to Vote_______________________________ 59
Total Number of Ballots Cast ------------------------------- 59
Total Number of Votes in Favor of Quarry Workers Interna-
tional Union of North America____________________________ 13
Total Number of Votes Against Quarry Workers International
Union of North America__________________________________ 46
Total Number of Challenged Ballots_________________________ 0
Total Number of Void Ballots_____________________________ 0
Total Number of Blank Ballots_____________________________ 0
The results of the election show that no collective bargaining
representative has been selected by a majority of employees. The
petition for investigation and certification of representatives of em-
ployees of Piedmont Granite Quarries Inc., Elberton, Georgia, will
therefore be dismissed.
As to the election among the employees of Oglesby Granite
Quarriers, and its results, the Regional Director reported as follows :
Total Number Eligible to Vote______________________________ 71
Total Number of Ballots Cast_____________________________ 71
Total Number of Votes in Favor of Quarry Workers Interna-
tional Union of North America____________________________ 44
Total Number of Votes Against Quarry Workers Interna-
tional Union of North America__________________________ 27
Total Number of Challenged Ballota_______________ ________ 0
Total Number of Void Ballots______________________________ 0
Total Number of Blank Ballots_____________________________ 0
As to the election among the employees of Southern Quarrying
Company, and its results, the Regional Director reported as follows :
Total Number Eligible to Vote_______________________________ 56
Total Number of Ballots Cast ------ ------------------------- 54
Total Number of Votes in Favor of Quarry Workers Interna-
tional Union of North America_____________________________ 33
Total Number of Votes Against Quarry Workers International
Union of North America__________________________________ 20
Total Number of Challenged Ballots________________________ 1
Total Number of Void Ballots______________________________ 0
Total Number of Blank Ballots ______________________________ 0
As to the election among the employees of Elberton Granite In-
dustries Inc., and its results, the Regional Director reported as fol-
lows :
DECISIONS AND ORDERS 45
'Total Number Eligible to Vote_____________________________ 24
Total Number of Ballots Cast_____________________________ 24
Total Number of Votes in Favor of Quarry Workers Interna-
tional Union of North America___________________________ 10
Total Number of Votes Against Quarry Workers Interna-
tional Union of North America___________________________ 12
Total Number of Challenged Ballots_______________________ 2
Total Number of Void Ballots_______________________________ 0
Total Number of Blank Ballots_____________________________ 0
The results of the election show that no collective bargaining
representative has been selected by a majority of employees. The
petition for investigation and certification of employees of Elberton
Granite Industries Inc., Elberton, Georgia, will therefore be dis-
missed.
- As to the elections among the employees of Southeastern Granite
Company, and their results, the Regional Director reported as fol-
lows : - -
Employees at Quarry
Total Number Eligible to Vote_______________________________ 4
Total Number of Ballots Cast ------------- ,_________________ 4
Total Number of Votes in Favor of Quarry Workers Interna-
tional Union of North America____________________________ 0
Total Number of Votes Against Quarry Workers International
Union of North America ----------------------------------- 4
Total Number of Challenged Ballots_________________________ 0
Total Number of Void Ballots_______________________________ 0
Total Number of Blank Ballots_____________________________ 0
Employees at Shed
Total Number Eligible to Vote_______________________________ 7
Total Number of Votes Cast__________________-------------------------------- 7
Total Number of Votes in Favor of Quarry Workers Interna-
tional Union of North America_____________________________ 2
Total Number of Votes Against Quarry Workers International
Union of North America__________________________________ 5
Total Number of Challenged Ballots________________________ 0
Total Number of Void Ballots_______________________________ 0
Total Number of Blank Ballots_____________________________ 0
The results of the elections show that no collective bargaining rep-
resentative has been selected by a majority of either the shed or the
quarry employees. The petition for investigation and certification
of employees of Southeastern Granite Company, Elberton, Georgia,
will therefore be dismissed.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended,
46 NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Quarry Workers International Union
of North America, affiliated with the Committee for Industrial Organ-
ization, has been designated and selected by a majority of the em-
ployees of Oglesby Granite Quarriers, Elberton, Georgia, 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, excluding super-
visory and clerical employees, as their representative for the purpose
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, Quarry Workers International Union of North America, affili-
ated with the Committee for Industrial Organization, is the exclu-
sive representative of all such employees for the purposes of collec-
tive bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment ; and
IT IS HEREBY CERTIFIED that Quarry Workers International Union of
North America, affiliated with the Committee for Industrial Organi-
zation, has been designated and selected by a majority of the
employees of Southern Quarrying Company, Elberton, Georgia, classi-
fied 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, excluding
supervisory and clerical employees, as their representative for the
purpose of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Quarry Workers International Union of North America,
affiliated with the Committee for Industrial Organization, is the
exclusive representative of such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT Is HEREBY ORDERED that the petitions for investigation and certi-
fication of representatives of employees of Piedmont Granite
Quarries Inc., Elberton, Georgia, Elberton Granite Industries Inc.,
Elberton, Georgia, and Southeastern Granite Company, Elberton,
Georgia, filed by Quarry Workers International Union of North
America be, and they hereby are, dismissed.
9 N. L. R. B., No. 10c.
DECISIONS AND ORDERS
[SAME TITLE]
SECOND SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
47.
November p31, 1938
On September 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections
in the' above-entitled matter. On October 5, 1938, the Board issued
an Amendment to Direction of Elections. On October 12, 1938, the
Board issued a Second Amendment to Direction of Elections. On
October 28, 1938, the Board issued a Third Amendment-to Direction
of Elections. On November 17,' 1938, the Bpard issued a Supple-
mental Decision, Order and Certification of Representatives.
The Direction of Elections, as amended, provided that elections
by secret ballot be conducted within twenty-five (25) days from the
date of the Direction among the employees of Piedmont Granite
Quarries Inc., Oglesby Granite Quarriers, Southern Quarrying Com-
pany, Elberton Granite Industries Inc., -Southeastern Granite Com-
pany, and American Granite Quarries Inc.,' all of Elberton, Georgia,
employed in and about the quarries of each of the six above-named
companies, classified as quarrymen, plug drillers, derrickmen, black-
smith helpers, channel bar runners or operators, jackhammer drill
runners or operators, blasters, gang saw helpers, blacksmiths, pneu-
matic drill operators, head ledgemen, water boys, and common
laborers, whose names appeared 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 four companies, excluding supervisory and clerical em-
ployees and those who had since left the companies' employ unless
temporarily laid off for lack of work or unless a charge had been filed
with the Board alleging that such employee had been discharged
for union activity, to determine whether or not such employees de-
sired to be represented by Quarry Workers International Union of
North America, affiliated with the Committee for Industrial Organi-
zation, for the purposes of collective bargaining.
Pursuant to the Decision and Direction of Elections, as amended,
an election by secret ballot was conducted on October 14, 1938,
among the employees of American Granite Quarries Inc., under the
direction and supervision of the Regional Director for the Tenth
' Tliio Supplemental Decision involves American Granite Quarries Inc. only.
48 NATIONAL LABOR RELATIONS BOARD
Region (Atlanta, Georgia). On October 18, 1938, the said Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and, on October 22, 1938, duly served upon the parties, an Inter-
mediate Report on this election.
As to the election and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote______________________________ 32
Total Number of Ballots Cast________________________________ 32
Total Number of Votes in favor of Quarry Workers Interna-
tional Union of North America___________________________ 15
Total Number of Votes Against Quarry Workers Interna-
tional Union of North America____________________________ 16
Total Number of Challenged Ballots_________________________ 1
Total Number of Void Ballots______________________________ 0
Total Number of Blank Ballots_____________________________ 0
On October 26, 1938, Quarry Workers International Union of North
America filed with the Regional Director objections to the Inter-
mediate Report, contending that five men, who were eligible to vote,
namely, Early Allen, Raymond McIntosh, Dan Rucker, Willie Wynn,
and one Dorsey, were refused ballots. The Regional Director, upon
investigation, found that the objections raised a substantial and ma-
terial issue with respect to the conduct of the election and recom-
mended that another election should be held. We will so direct.
Dorsey's name does not appear upon the pay roll we directed to be
used to determine eligibility to vote; the names of the other four
men are on that pay roll. We will direct that Early Allen, Ray-
mond McIntosh, Dan Rucker, and Willie Wynn, in addition to the
other eligible employees, shall be allowed to vote at the election,
although their eligibility to vote does not appear entirely free from
doubt. The Company may, however, if it so chooses, protest or
challenge their votes, and such protests or challenges will thereafter
be reviewed.
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 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 American
Granite Quarries Inc., Elberton, Georgia, an election by secret ballot
shall be conducted within fifteen (15) days from the date of this
Direction, under the direction and supervision of the Regional Di-
DECISIONS AND ORDERS 49;
rector 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, among the employees employed in
and about the quarry of the above-named company, classified as
quarrymen, plug drillers, derrickmen, blacksmith helpers, channel bar
runne`rs' or operators, jackhammer drill -runners or operators, blasters,
gang saw, helpers, blacksmiths, pneumatic drill operators, head ledge-
men, water boys, and common laborers, whose names appear on the
May 25, 1938, pay roll of the Company,' including Early Allen, Ray-
mond McIntosh, Dan Rucker, and Willie Wynn, and excluding
supervisory and clerical employees and those who have since left the
Company's employ unless temporarily laid off for lack of work 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 or not such employees desire to be represented
by Quarry Workers International Union of North America, affiliated
with the Committee for Industrial Organization, for the purposes of
collective bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the above
Second Supplemental Decision and Direction of Election.
9 N. L. R. B., No. 10d.
[SAME TITLE]
AMENDMENT TO SECOND DIRECTION OF ELECTION
November 30, 1938
On September 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled matter. On October 5, 1938, the Board issued an
Amendment to Direction of Elections. On October 12, 1938, the
Board issued a Second Amendment to Direction of Elections. On
October 28, 1938, the Board issued a Third Amendment to Direction
of Elections. On November 17, 1938, the Board issued a Supple-
mental Decision, Order and Certification of Representatives. On
November 21, 1938, the Board issued a Second Supplemental Decision
and Directioli of Election, providing that an election should be held
within fifteen (15) days from the date of the Direction among cer-
tain employees of American Granite Quarries Inc., under the direc-
tion and supervision of the Regional Director for the Tenth Region
(Atlanta, Georgia).
' Board Exhibit 18 introduced in evidence as the American Granite Quarries Inc, pay
roll for May 25, 1938, is dated May 21, 1938, and shall be used to determine eligibility
to vote.
50
NATIONAL LABOR RELATIONS ;BOARD
The Board hereby amends the last mentioned Direction of Election
by striking out the words, "within fifteen (15) days from the date of
this Direction," and inserting in lieu thereof the words, "at such time
as the Board may in the future direct."
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Second Direction of Election.
9 N. L. R. B., No: loe.