Universal Atlas Cement Co.

National Labor Relations Board - Board DecisionsJul 30, 1942

42 N.L.R.B. 1132 (N.L.R.B. 1942)

In the Matter Of UNIVERSAL ATLAS CEMENT COMPANY at r1 UNITED STEELWORKERS OF` AMERICA Case No R-3969-Decided July 30, 1942 Investigation and Certification of Representatives : stipulation for certification upon consent elections Mr Ray S Huey, of Duluth, Minn, for the Company. Mr Lee Pressman, of Washington, D C , for the Union. Mr George H Gentithes, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon petition duly filed by Steel Workers Organizing Committee, herein called the Union, alleging that a question affecting commerce had arisen conceimng 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, Indi- ana, Minnesota, Missouii, New Yoik, Pennsylvania, Texas, and Kan- sas, the National Labor Relations Board provided for an appropriate hearing upon due notice On May 4, 1942, before a hearing was held, the Company, the Union, and the Regional Dnector for the Sixth Region (Pittsburgh, Pennsylvania) entered into a "Stipulation for Consent Elections and Cei tification by National Labor Relations Board " Pursuant to the stipulation an election by secret ballet was con- ducted on May 12, 1942, under the direction and supervision of the Regional Director among all employees of the Duluth plant, Duluth, Minnesota, except salaiied or cleiical employees, foremen, assistant foremen, or supeivisors in charge of any classes of labor, or watch- men, or guards, to determine whether or not they desired to be repre- sented by the Union. On May 21, 1942, the Regional Director issued and duly sei ved- upon the pai ties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. 42 N L R B, No 204 1132 UNIVERSAL ATLAS, CEMENT COMPANY 1133 As to the balloting and its results, the Regional Director reported, as follows : Total on elegibility list-------------------------------------- 154 Total ballots cast------------------------------------------- 147 Total ballots challenged------------------------------------- 19 Total blank ballots------------------------------------------ 0 Total void ballots------------------------------------------- 1 Total valid votes counted----------------------------------- 127 Votes cast for Steel Woikeis OLganizing Committee------------ 126 Votes cast against Steel Woikeis Oigamzmg Committee -------- - 1 Upon motion duly filed by the Steel Workers Organizing Commit- tee 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 naive "Steel Work- ers Organizing Committee." We accoi dangly correct the caption and will certify the United Steelworkers of America as exclusive bargain- ing 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 k =, question, efecting commerce has arisen concerning the repre- sentation 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 at the Duluth plant of Universal Atlas Cement Company, Duluth, Minnesota, except salaried or clerical employees, foremen, assistant foremen, or super visors in charge of any-classes of labor, or watchmen, or guards, constitute a unit appropriate for the purposes of collective bargaining within the nteaning' of Section 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 representative of all employees in said unit within the meaning of Section 9 (a) of the Act C 1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 majoiity of all the employees at the Duluth plant of Universal Atlas Cement Company, Duluth, Minnesota, except salaiied oi cleiical employees, foieinen, assistant foiemen, or supervisors in chaige of any classes of labor, or watch- men, or guards, as their representative for the puiposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, United Steelworkers 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.