Universal Atlas Cement Co.

National Labor Relations Board - Board Decisions

Jul 30, 1942

42 N.L.R.B. 1135 (N.L.R.B. 1942)

In the Matter of UNIVERSAL ATLAS CEMENT COMPANY and
-UNITED STEELR oJIiERS OF AMERICA
- Case No R-3973 -Decided July 30, 1942
Investigation and Certification of Representatives . stipulation for certification
upon consent elections
Dlr. J H Dempster, of Buffington, Ind, for the Company.
Mr. Lee Pressman, of Washington, D C , for the Union.
Mr George H Gentzthes, of counsel to the Board
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by Steel Workers Oiganizing Committee,
lien ern called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Universal
Atlas Cement Company, herein called the Company, engaged in the
manufacture and sale of cement at plants located in Alabama, Indiana,
Minnesota,-Missouri, New York, Pennsylvania, Texas, and Kansas,
the National Labor Relations Board provided for an appropriate
hearing upon"due notice On April 30, 1942, before a hearing was
held, the Company, the Union, and the Regional Director for the Sixth
Region (Pittsburgh, Pennsylvania) entered into a "Stipulation for
Consent Elections and Certification by National Labor Relations
Board " 1
'Pui suant to `tire stipulation an election by secret ballot was con-
ducted on May 12, 1942, under the direction and supervision of the
Regional Director among all employees at the Company's Buffington
Plant, Buffington, Indiana, except salaried or clerical employees, f ore-
men, assistant foremen, or supervisors in charge of any classes of labor,
or watchmen, or guards, to determine whether or not they desired
to be represented by the Union On May 21, 1942, the Regional
Director issued and duly served upon the parties an Election Report
42N L R B, No 205
1135
1136 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on the ballot. No, objections to the, conduct of the ballot or the
Election Report have been filed by any of the parties
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list____________--------------------------------------- 605
Total ballots cast___________________________________________ 447
Total ballots challenged_____________________________________ 13
Total blank ballots ----------------------------------------- 2
Total void ballots_______________________________'____________ 1
Total valid votes counted__________________________________ 431
Votes cast for Steel Workers Organizing Committee___________ 409
Votes cast against Steel Workers Oiganizing Committee------ 22-
Upon motion duly filed by the Steel Workers Organizing Committee
praying that the name "United Steelworkers of America" be substituted
for the name "Steel Workers Organizing Committee" in the caption
and relevant portions of the record in this proceeding, the Board on
July 16, 1942, issued and duly served upon the parties its notice to show
cause why said motion should not be granted No sufficient cause to the
contrary having been shown, the Board on July 24,1942, issued its order
granting said motion to substitute the name "United Steelworkers of
America" for the name "Steel Workers Organizing Committee " We
accordingly correct the caption and will certify the United Steel-
workers of America as exclusive bargaining representative.
Upon the basis of the stipulation, the Election Report, and the entire
record in this case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the represen-
tation of employees of Universal Atlas Cement Company, New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All employees of the Buffington plant, of Universal Atlas
Cement Company, Buffington, Indiana, except salaried or clerical
employees, foremen, assistant foremen, or supervisors in charge of any
classes of labor, or watchmen, or guards, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
3. United Steelworkers of America has been designated and selected
by a majority of employees in the above unit as their representative for
the purposes of collective bargaining and is the exclusive representa-
tive of all employees in said unit within the meaning of Section 9 (ay
of the Act.
I
UNIVERSAL ATLAS CEMENT COMPANY 1137
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that United Steelworkers of America has
been designated and selected by a majority of all the employees at the
Buffington plant, of Universal Atlas Cement Company, Buffington,
Indiana, except salaried or clerical employees, foremen, assistant fore-
men, or supervisors in charge of any classes of labor, or watchmen, or
guards, as their representative for the purposes of collective bargain-
ing and that, pursuant to Section 9 (a) of the Act, United Steel workers
,of America is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
O
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