Pine Mountain Granite Company

National Labor Relations Board - Board Decisions

Apr 20, 1939

12 N.L.R.B. 360 (N.L.R.B. 1939)

In the Matter of PINE MOUNTAIN GRANITE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA, BRANCH
No. 20, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Case No. C-1230.Deciczed April 20,1939
Quarrying and Stone Processing Industry-Settlement : agreement to comply
with Act, including reinstatement of employees who went on strike who make
application for such reinstatement-Order: entered on stipulation.
Mr. Alexander E. Wilson, Jr., for the Board.
Mr. Scott Candler and Mr. William H. Mewbourne, of Atlanta,
Ga., for the respondent.
Mr. Joseph Jacobs, of Atlanta, Ga., for the Union.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Quarry Work-
ers' International Union of North America, Branch No. 20, affiliated
with the Congress of Industrial Organizations, herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Tenth Region (Atlanta, Georgia),
issued its complaint dated January 30, 1939, against the Pine Moun-
tain Granite Company, Lithonia, Georgia, herein called the respond-
ent, alleging that the respondent had engaged in and was engaging
in unfair labor practices affecting commerce within the meaning of
Section 8 (1) and (5) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. A copy
of the complaint and notice of hearing were duly served upon the
respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that although a majority of the employees in an appro-
priate unit had designated the Union as their representative for the
purposes of collective bargaining, the respondent had refused to
bargain collectively with the Union; that the respondent had at-
12 N. L. It. B., No. 46.
360
PINE MOUNTAIN GRANITE COMPANY 361
tempted to persuade its employees while on strike to withdraw from
the Union; and that the respondent by the afore-mentioned activities
and by other acts, interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of
the Act.
On February 6, 1939, the respondent filed its answer to the com-
plaint in which it admitted the allegations concerning its corporate
structure and the nature of its business, but denied the allegations
concerning the scope of its business and the allegations of unfair
labor practices. On the same date the respondent also filed a plea
of res judicata and motion to dismiss, and certain demurrers to the
complaint. Pursuant to notice a hearing was held on February 13,
14, 15, and 16, 1939, at Atlanta, Georgia, before Thomas S. Wilson,
the Trial Examiner duly designated by the Board. The respondent,
the Union, and the Board participated in the hearing and were rep-
resented by counsel. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. On March 21, 1939, the respondent,
the Union, and counsel for the Board entered into a stipulation in
settlement of the case. This stipulation provides as follows :
It is hereby stipulated And agreed by and between Pine Moun-
tain Granite Company (hereinafter called the Respondent),
Quarry Workers' International Union of North America, Branch
No. 20 (hereinafter called the Union), and Alexander E. Wilson,
Jr., Attorney, Tenth Region, National Labor Relations Board
(hereinafter called the Board), for the purposes of the above-
entitled proceeding, as follows :
I
Pine Mountain Granite Company, a Georgia corporation, is
engaged in the business of quarrying and finishing granite stone
at its Lithonia, Georgia, plant. It also maintains an office in
Atlanta, Georgia.
The Company's yearly consumption of raw materials, in addi-
tion to the granite it procures from its quarry, is as follows :
1,200 tons of coal, all of which is obtained from sources out-
side the State of Georgia;
4,000 pounds of dynamite, all of which is obtained from the
warehouse of the Atlas Powder Company in Atlanta, Georgia,
and all of which is manufactured and produced outside the
State of Georgia;
Electrical current valued at $1,800, all of which is obtained
within the State of Georgia.
The Company manufactures the following granite products :
paving blocks, granite curbing, crushed stone, monumental stone,
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
building stone, rip-rap, jetty granite, rubble, granite dust, granite
sand, and all other granite materials. The Company yearly
produces approximately 24,000 tons of granite in the aforesaid
forms, amounting in value to approximately $55,000. Approxi-
mately 20 per cent of the physical amount or 25 per cent of the
dollar value of these products is shipped outside the State of
Georgia.
II
Quarry Workers' International Union of North America,
Branch No. 20, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to its membership
all maintenance and production employees of the Company, ex-
clusive of stone cutters, paving stone cutters, monumental work-
ers, and supervisory and clerical workers.
III
It is hereby further stipulated and agreed that upon the plead-
ings, the transcript of the record in this matter, and upon this
stipulation, the Respondent shall consent and does consent to
the entry forthwith by the National Labor Relations Board of
the following :
ORDER
The National Labor Relations Board hereby orders that the
Respondent, Pine Mountain Granite Company, its officers, agents,
successors, and assigns shall
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization,
to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid and protection, as guaranteed in
Section 7 of the National Labor Relations Act;
(b) Refusing to bargain collectively with Quarry Workers'
International Union of North America, Branch No. 20, or its
representatives, as exclusive representative of its maintenance
and production employees, exclusive of stone cutters, paving
stone cutters, monumental workers, and supervisory and clerical
workers.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Within thirty (30) days of approval of this stipulation,
reinstate at the plant of Pine Mountain Granite Company, in
Lithonia, Georgia, to his former position, or equivalent position,
PINE MOUNTAIN GRANITE COMPANY 363
each of the employees who went on strike on June 22, 1938, who
makes application for such reinstatement, without prejudice to
his seniority or other. rights and privileges previously enjoyed ;
(b) Upon request, bargain collectively with Quarry Workers'
International Union of North America, Branch No. 20, or its
representatives, as the exclusive representative of its maintenance
and production employees, exclusive of stone cutters, paving
stone cutters, monumental stone workers, and supervisory and
clerical workers, with respect to rates of pay, hours of employ-
ment, and other conditions of employment.
(c) Post in conspicuous places throughout its Lithonia, Geor-
gia, plant copies of the Order entered by the National Labor
Relations Board, and notices stating that the Respondent will
cease and desist in the manner aforesaid and that the Respond-
ent will take the affirmative action as aforesaid. Such notices
shall remain posted for a period of at least sixty (60) operating
days from the date of posting.
(d) Notify the Regional Director for the Tenth Region of
the National Labor Relations Board in writing within ten (10)
days from the date of this Order what steps the Respondent
has taken to comply herewith.
IV
The stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
V
If these stipulations are approved by the National Labor Re-
lations Board and if the National Labor Relations Board issues
an order in accordance -with these stipulations, a decree enforcing
said order may be entered by the appropriate United States Cir-
cuit Court of Appeals, and the Respondent, Pine Mountain
Granite Company, hereby consents to the entry of such decree
and waives further notice of the application for such enforcing
decree.
On March 30, 1939, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and
transferring the proceeding to the Board for the purpose of entry
of a decision and order by the Board.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Pine Mountain Granite Company, a Georgia corporation, is en-
gaged in the business of quarrying and finishing granite stone at
its Lithonia, Georgia, plant. The respondent also maintains an
office in Atlanta, Georgia. The respondent's yearly consumption of
raw materials, in addition to the granite it procures from its quarry,
includes 1,200 tons of coal, all of which is obtained from sources
outside the State of Georgia, and 4,000 pounds of dynamite, all of
which is obtained from the warehouse of the Atlas Powder Company
in Atlanta, Georgia, and all of which is manufactured and produced
outside the State of Georgia.
The respondent manufactures the following granite products : Pav-
ing blocks, granite curbing, crushed stone, monumental stone, build-
ing stone, rip-rap, jetty granite, rubble, granite dust, granite sand,
and all other granite materials. The respondent yearly produces
approximately 24,000 tons of granite in the aforesaid forms, amount-
ing in value to approximately $55,000. Approximately 20 per cent
of the physical amount or 25 per cent of the dollar value of these
products is shipped outside the State of Georgia.
We find that the above-described operations constitute a contin-
uous flow of trade, traffic, and commerce among the several States.
H. THE ORGANIZATION INVOLVED
Quarry Workers' International Union of North America, Branch
No. 20, is-a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership all maintenance and
production employees of the respondent, exclusive of stone cutters,
paving stone cutters, monumental workers, and supervisory and cler-
ical workers.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Pine Mountain Granite Company, Lithonia, Geor-
gia, its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
PINE MOUNTAIN GRANITE COMPANY .365
activities for the purposes of collective bargaining or other mutual
aid and protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Refusing to bargain collectively with Quarry Workers' Inter-
national Union of North America, Branch No. 20, or its representa-
tives, as exclusive representative-of its maintenance and production
employees, exclusive of stone cutters, paving stone cutters, monu-
mental workers, and supervisory and clerical workers.
(2) Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Within thirty (30) days of approval of this stipulation, re-
instate at the plant of Pine Mountain Granite Company, in Lithonia,
Georgia, to his former position, or equivalent position, each of the
employees who went on strike on June 22, 1938, who makes applica-
tion for such reinstatement, without prejudice to his seniority or
other rights and privileges previously enjoyed;
(b) Upon request, bargain collectively with Quarry Workers' In-
ternational Union of North America, Branch No. 20, or its repre-
sentatives, as the exclusive representative of its maintenance and
production employees, exclusive of stone cutters, paving stone cutters,
monumental stone workers, and supervisory and clerical workers,
with respect to rates of pay, hours of employment, and other con-
ditions of employment;
(c) Post in conspicuous places throughout its Lithonia, Georgia,
plant copies of this Order and notices stating that the respondent
will cease and desist in the manner aforesaid and that the respondent
will take the affirmative action as aforesaid. Such notices shall
remain posted for a period of at least sixty (60) operating days
from the date of posting;
(d) Notify the Regional Director for the Tenth Region of the
National Labor Relations Board in writing within ten (10) days
from the date of this Order what steps the respondent has taken to
comply herewith.