Steva Stone Co.

National Labor Relations Board - Board Decisions

Jul 29, 1953

106 N.L.R.B. 455 (N.L.R.B. 1953)

STEVA STONE COMPANY 455
as without merit, in the absence of formal and expressed op-
position to said motions by the General Counsel. The Board
however, finds no basis in Section 3 (d), or in any part of the
Act, substantiating the theory advanced by Respondents. More-
over, the Board has previously ruled (United Aircraft Corpora-
tion, Pratt & Whitney Aircraft Division, 91 NLRB 215), that
Section 3 (d) does not limit the authority of the Trial Examiner
or the Board to grant or deny motions by the parties once hear-
ing has commenced on the complaint , because it is at that time
that the Board's exclusive jurisdiction attaches. In the instant
case, the General Counsel prosecuted the complaint issued
against the Respondents and secured a Decision and Order of
the Board finding that the Respondents had committed unfair
labor practices within the meaning of the Act. Whether or not
the General Counsel now desires to oppose or support such
supplemental motions as are made by the Respondents in attack
upon the validity of the Board's Decision and Order is not
determinative of the Board's authority to grantor dismiss such
supplemental motions upon their own merits or lack thereof.
Accordingly, as the motion is lacking in merit,
IT IS HEREBY ORDERED that the motion to vacate order
and stay proceedings be, and it hereby is, denied.
By direction of the Board:
Frank M. Kleiler,
Executive Secretary
KENNETH STEVA AND JESSE A. STEVA d/b/a STEVA STONE
COMPANY and INTERNATIONAL HOD CARRIERS' BUILD-
ING AND COMMON LABORERS' UNION OF AMERICA,
HEAVY CONSTRUCTION LABORERS' LOCAL NO. 663, AFL,
and INTERNATIONAL UNION OF OPERATING ENGINEERS,
HOISTING AND PORTABLE LOCAL NO. 101, AFL, JOINTLY,
Petitioner . Case No . 17-RC-1618. July 29, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before William J.
Cassidy, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three-member panel [Members Houston, Styles, and
Peterson].
Upon the entire record in this case, the Board finds:
1. The Employer is a copartnership whose main office is
located in Richmond, Missouri. The Employer operates a stone
106 NLRB No. 79.
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quarry, the products of which are used in the manufacture of
agriculture lime, road-building materials, and ready-mixed
concrete. The Employer also operates a receiving and shipping
warehouse in the city of Richmond, for the receipt of agri-
cultural phosphates which are purchased from two Missouri
corporations.) The Employer sells these phosphates to local
customers.
During the year 1952, the Employer's total business amounted
to approximately $225,000. All of its sales were made within
the State of Missouri. During the same period, the Employer
received Production and Marketing Administration checks in
the amount of $40,027, which were endorsed to the Employer
by local farmers, in part payment for limes and phosphates
sold to the farmers by the Employer. During the same period
the Employer sold rock to the Missouri State Highway Depart-
ment valued at $12,072, to be used for the construction and
maintenance of State and county roads. The Employer also
sold rock to various county and city units valued at $ 104,395,
to be used for the construction and maintenance of roads within
the jurisdiction of these governmental units. During the same
period the Employer sold ready-mix concrete valued at $ 3,898,
to be used in the construction and maintenance of roads. Of
this latter amount, $3,176 represented sales to the State
Highway Department. The Employer also sold ready-mix
concrete to the Wabash Railroad in the amount of $820.
Upon the foregoing facts we find, contrary to the Employer's
contention, that its operations affect commerce within the
meaning of the Act. Moreover, as the Employer furnished
materials, valued in excess of $50,000, necessary to the
maintenance and operation of the highways and roads of the
State of Missouri, we find that it will effectuate the purposes
of the Act to exercise jurisdiction over the Employer's op-
erations.'
2. The labor organizations involved claim to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. We find, in agreement with the parties, that all production
and maintenance employees employed by the Employer at
Richmond, Missouri, excluding office clerical employees, the
night watchman, guards, and supervisors, constitute a unit
appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
1 These phosphates are mined in Florida, and are processed and sacked by the two com-
panies at their plants in Missouri before they are sent to the Employer.
2 Cf. Rayford Stone Company, 97 NLRB 1118; Camp Concrete Rock Company, 94 NLRB 296;
Hollow Tree Lumber Company, 91 NLRB 635.