Blue Rock, Inc.

National Labor Relations Board - Board Decisions

Dec 8, 1950

92 N.L.R.B. 581 (N.L.R.B. 1950)

In the Matter of BLUE ROCK, INC., EMPLOYER and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL UNIONS No. 18-18A-18B-
18C, AFL AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN &C HELPERS, LOCAL No. 143, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN c^
HELPERS OF AMERICA, AFL, PETITIONERS
Cases Nos. 9-RC-887 and 9-RC-894.-Decided December 8, 1'950
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed-under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
William A. McGowen, 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, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer,.an Ohio corporation, located at Greenfield, Ohio,
is engaged in quarrying, and processing limestone and in the prepara-
tion of "hot mix" and asphalt for road paving. All of its operations
are carried on within the State of Ohio. During the year ending
November 30, 1949, the Employer purchased supplies and raw mate-
rials totaling $114,000, all within the State of Ohio, although asphalt
oil valued at $54,000 was shipped from a point in Illinois.
During the same period the Employer's sales totalled $446,000. All
sales were made within the State of Ohio, except for sales valued at
$6,388 made to the West Virginia State Highway Commission. How-
ever, included in the sales made during 1949 was $107,000 worth of
crushed limestone. sold to three railroads : The Detroit, Toledo, and
Ironton; the Norfolk and Western; and the Baltimore and Qhio.
This crushed limestone was used by these railroads as ballast in
supporting the railway ties.
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 operations of railroads, we find that
92 NLRB No. 115.
581
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it will effectuate the purposes of the Act to exercise jurisdiction over
the Employer's operations.,
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate units:
The parties. agree, and we find that the following groups of em-
ployees of the Employer at its Greenfield, Ohio, plant, excluding in
each case office and clerical employees, guards, and supervisors as
defined in the Act, constitute separate units appropriate for the.
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
(a) All truck drivers, helpers, and plant laborers.2
(b) All employees operating portable and stationary mechanical
equipment and mechanics used on said equipment, excluding employees
in unit (a).3
[Text of Direction of Elections omitted from publication in this
volume.]
1 Hollow Tree Lumber Company , 91 NLRB 635 ; Edward Besch & Sons, 92 NLRB 5211.
R A dispute exists as to the unit placement of three employees classified as clean -up men.
The Teamsters desires their inclusion in its unit ; the Operating Engineers desires that
they be excluded from its unit ; however, the Employer contends that they should be
included in the unit sought by the Operating Engineers . Because their functions are
allied to those performed by the general plant laborers , and because they are called upon,
on occasion , to drive trucks, we believe that their interests are more closely related to
those of the employees in the unit sought by the Teamsters, and we include them in that
unit.
3 In accordance with the agreement of the parties this includes the shovel and crane
operators , crusher, roller , and well -drill operators , the shop mechanics , millwrights , batch-
men, boilermen , and mixermen.