Universal Atlas Cement Co.

National Labor Relations Board - Board Decisions

Sep 13, 1943

52 N.L.R.B. 555 (N.L.R.B. 1943)

In the Matter of UNIVERSAL ATLAS CEMENT COMPANY and DISTRICT 50,
UNITED -MINE WORKERS OF AMERICA
Case No. R-5879.Decided September 13, 1943
Mr. C. B . Baker and Mr. G. C. Hulk, of New York City, for the
Company.
Mr. Earl Seaver , of St . Louis, Mo., for District 50.
Mr. Reuben Roe, of Buffalo , Iowa , and Mr. Lawrence Taub, of St.
Louis, Mo., for the Cement Workers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Universal Atlas Cement Company, Hannibal, Missouri, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Charles K. Hackler, Trial
Examiner . Said hearing was held at Hannibal, Missouri, on August
21, 1943. At the commencement of the hearing, the Trial Examiner
granted a motion of United Cement, Lime and Gypsum Workers Inter-
national Union, Local 205, A. F. of L., herein called the Cement Work-
ers, to intervene. The Company, District 50, and the Cement Workers
appeared at and participated in the hearing? All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
' Although Hannibal Cement Plant Employees Union , herein called the Independent,
was served with notice of hearing , it did not appear.
52 N. L. R. B., No. 91.
555
556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Universal Atlas Cement Company is an Indiana corporation en-
gaged in the manufacture of Portland cement. The Company
operates plants in the States of Missouri, New York, Pennsylvania,
Indiana, Minnesota, Kansas, Alabama, and Texas. We are here con-
cerned with its plant at Hannibal, Missouri. During 1942 the Com-
pany manufactured 1,500,000 barrels of cement at its Hannibal plant,
approximately 70 percent of which was shipped to points outside the
State of Missouri. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Cement, Lime and Gypsum Workers International Union,
Local 205, is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
District 50, United Mine Workers of America, is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 15, 1943, District 50, claiming to represent a majority of
the employees at the Hannibal plant of the Company, requested the
Company to recognize it as the exclusive collective bargaining repre-
sentative of the employees at the Hannibal plant. On July 24, 1943,
the Company referred District 50 to the Board.
Since 1937, the Company has had annual collective bargaining
agreements with the Independent. Inasmuch as said contracts recog-
nized the Independent for its members only, they have no effect upon
the determination of the issues in this proceeding.2
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that District 50 and the Cement Workers each
represents a substantial number of employees in the unit hereinafter
found to be appropriate.'
2 The record indicates further that the members of the Independent have taken steps
to disband it As heretofore stated, the Independent , although served with notice of
hearing , did not appear . Inasmuch as the contract between the Independent and the
.Company is not a bar for the reasons stated above , we find it unnecessary to determine
whether or not the Independent is presently in existence.
8 The Regional Director reported that District 50 presented 140 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of July 24, 1943. He further reported that the Cement workers
-presented 130 membership application cards bearing apparently genuine signatures of
poisons whose names appear on that pay roll . There are approximately 324 employees
in the appropriate unit.
UNIVERSAL ATLAS CEMENT COMPANY 557 x
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
District 50 urges that all employees at the Hannibal plant of the
Company, excluding all factory and office clerical employees, watch-
men, all salaried employees, and supervisory employees, constitute
an appropriate unit. The Company and District 50 would exclude
watchmen from the unit, while the Cement Workers would include
them. In addition, the Company would exclude hourly paid labora-
tory workers from the unit.
The Company employs four or five watchmen. They are not armed,
uniformed, or sworn as auxiliary United States military police. The
watchmen are paid on an hourly basis and punch fire control clocks
throughout the Company's premises. The record indicates that the
watchmen do not perform any supervisory or confidential duties.
Accordingly, we shall include them in the unit.
The Company has five hourly paid employees in its laboratory.
They are classified as composition men and samplers. They are
responsible for weighing the various raw materials that go into the
Company's finished products and set kiln controls, and are paid on an
hourly basis. We shall include the hourly paid laboratory workers
in the unit.
We find that all employees at the Hannibal plant of the Company,
including watchmen and hourly paid laboratory workers, but exclud-
ing factory and office clerical employees, all salaried employees, and
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, 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. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding, the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
-558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor' Rela-
tions,Board Rules and Regulations-Series>2, as amended,,it is-hereby-
DntEorm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Universal Atlas
Cement Company, Hannibal, Missouri, 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 supervi-
sion of the Regional Director for the Fourteenth 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 Regula-
tions, 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 any who have since quit or been discharged for cause,
to determine whether they -desire to be represented by District 50,
United Mine Workers of America, or by Local Union 205, United
Cement, Lime and Gypsum Workers International Union, A. F. L., for
the purposes of collective bargaining, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.