South Carolina Granite Co.

National Labor Relations Board - Board DecisionsSep 6, 1943

52 N.L.R.B. 453 (N.L.R.B. 1943)

In the Matter of SOUTH CAROLINA GRANITE COMPANY and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA, C. I. O. Case No. R-5829.-Decided September 6, 1943 Messrs. J. M. Hemphill and Paul Hemphill, of Chester, S. C., and Messrs. Robert Rouark and Graham Trott, both of Raleigh, N. C., for the Company. Mr. J. B. Foreman, of Newberry, S. C., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Stone and Allied Products Workers of, America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of South Carolina Granite Company, Blair, South Carolina, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Dan M. Byrd, Jr., Trial Examiner. Said hearing was held at New- berry, South Carolina, on August 12 and 13, 1943. The Company and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Company made a motion to dismiss the proceedings herein on the ground, among others,' that the Company is not subject to the Board's jurisdiction, inasmuch as it I In addition to alleging that the Company is not subject to the Board's jurisdiction in that it was not engaged in commerce within the meaning of the National Labor Relations Act, the Company alleged, in substance , that the Trial Examiner did not have the power to conduct this proceeding inasmuch as the Company had not been given "due notice" ; it further contended that the Act is unconstitutional if it allowed the Board to conduct any proceeding without "due notice." The record indicates that the Company received notifica- tion 3 days prior to the hearing herein . Furthermore, after denial of a subsequent motion for a continuance based upon the ground that it had not received sufficient notice in which to prepare for this proceeding, the Company made no claim of surprise . The Company also challenged the right of the Trial Examiner to act as such in the absence of formal designation, apparently relying upon Section 10 (b) of the Act. Such formal designation is not required. (Matter of John H. Roebiing's Sons Company, 17 N. L. R. B. 482, 480.) Accordingly, that part of the Company's motion to dismiss based either upon an alleged lack of notice or upon the lack of formal designation of the Trial Examiner is denied. 52 N. L. R. B., No. 70. 453 454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is not engaged in interstate commerce, which the Trial Examiner referred to the Board. For reasons hereinafter stated, this motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudical 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 I. THE BUSINESS OF THE COMPANY South Carolina Granite Company, a South Carolina corporation with its principal place of business located in Blair, South Carolina, is engaged in the business of quarrying , producing , and selling crushed stone . We are concerned here solely with the operations of the Company located at Blair, South Carolina, consisting of a quarry and a plant. A substantial amount of the Company's pur- chases of materials for use in its operations originates from points outside the State of South Carolina .2 During the period between October 1, 1942, and May 31, 1943 , the sales of the Company amounted to approximately $293,704, approximately 5 percent of which was shipped to points outside the State of South Carolina. The Company operates under an AAA-1 priority from the War Production Board inasmuch as it supplies crushed stone for use in the construction and maintenance of Army and Navy war bases . The Company also makes sales to carriers engaged in interstate commerce for the use and maintenance of tracks and bridges . As hereinbefore mentioned, the Company contends that it is not engaged in commerce within the meaning of the National Labor Relations Act. However, upon the facts set forth hereinabove , we are of the opinion that this con- tention is without merit and find that the Company is engaged in commerce within the meaning of the Act 3 It. THE ORGANIZATION INVOLVED United Stone and Allied Products Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. 2 For example , during the period between June 1942 and May 31 , 1943, the Company's purchases of dynamite from States other than South Carolina amounted to slightly in excess of $22,985. s Cf. N. L R B. v Crowe Coal Company, 104 F. ( 2d) 633; Pedersen v. Delaware, Lacka- wanna & Western Railroad , 229 U. S. 146. SOUTH CAROLINA GRANITE COMPANY III. THE QUESTION CONCERNING REPRESENTATION 455 The Union requested recognition of the Company as exclusive bar- gaining agent of its employees at conferences which took place during the months of June and July 1943. The Company refused to grant this request, insisting that the Union submit its showing of represen- tation to it for an ex parte check without the assurance that it would recognize and bargain with the Union if such a check revealed that the Union represented a majority of the employees. A statement of the Trial Examiner, read into the record at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.4 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, substantially in accordance with the contention of the Union, and without objection on the part of the Company, that all production and maintenance employees of the Company's quarry and plant located at Blair, South Carolina, excluding office and cler- ical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employes, 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. THEI DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor * The Trial Examiner reported that the Union submitted 74 designation cards bearing apparently genuine original signatures , of which 58 bore the names of persons appearing upon the Company 's pay roll of July 1943. This pay roll contained the names of approxi- mately 108 persons within the appropriate unit. 456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations' Board Rules and Regulations-Series 2, as amended, it is hereby - DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with South Carolina Granite Company, Blair, South Carolina, 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 super- vision of the Regional Director for the Tenth 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 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 those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Stone and Allied Products Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN Mn.Lis took no part in the consideration of the above Decision and Direction of Election.