Bluff City Lime Company, a Wholly Owned Subsidiary of the Mississippi Lime Company

National Labor Relations Board - Board Decisions

Jan 3, 1939

10 N.L.R.B. 918 (N.L.R.B. 1939)

In the Matter of BLUFF CITY LIME COMPANY, A WHOLLY OWNED SUB-
SIDIARY OF THE Mississippi LIME COMPANY and INTERNATIONAL HOD
CARRIERS , BUILDING & COMMON LABORERS' UNION OF AMERICA, LOCAL
No. 829, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-1041.-Decided January 3, 1939
Limestone Quarrying and Lime Manufacturing Industry-Settlement : stipu-
lation providing for compliance with the Act-Order: entered on stipulation-
Discrimination.: complaint dismissed as to-Collective Bargain'ng: complaint
dismissed as to violation of Section 8 (5) of the Act.
Mr. Tllurlow Smoot and Mr. Bernard R. Bralove, for the Board.
Green, Verlie & Hoagland, by Mr. E. J. Verlie of Alton, Ill., for
the respondent.
Mr. R. M. Secor and Mr. Robert L. Femmer, of Ste. Genevieve, Mo.,
for the International.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Hod Carriers, Building & Common Laborers' Union of America,
Local No. 829, affiliated with the American Federation of Labor,
herein called the International, the National Labor Relations Board,
herein called the Board, by the Regional Director for the Fourteenth
Region (St. Louis, Missouri), issued its complaint 1 dated October
31, 1938, against Bluff City Lime and Stone Company,2 Ste. Gene-
vieve, Missouri, herein called the respondent, alleging that the re-
spondent had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1), (2), (3),
1On September 28, 1938, the Board ordered this case consolidated with Matter of
Ste. Genevieve Lime & Quarry Company and International Hod Carriers , Building & Com-
mon Laborers ' Union of America, Local 829, Case No C-1044 , and Matter of Peerless
White Lime Company and International Hod Carriers Building it Common Laborers' Union
of America, Local No. 829 affiliated with the A. F . of L, Case No C-1045 . On December
12, 1938 , the Board ordered these three cases severed from each other.
2 The pleadings designated the respondent as Bluff City Lime Company , a wholly owned
subsidiary of the Mississippi Lime Company . The stipulation in settlement of the case
provided that the phrase "a wholly owned subsidiary of the Mississippi Lime Company"
be stricken from the complaint . On December 5, 1938, the respondent authorized the
Board to amend the pleadings and the stipulation in settlement of the case to correctly
show the designation of the respondent as Bluff City Lime and Stone Company.
10 N. L. R. B., No. 81.
918
DECISIONS AND ORDERS 919
and (5) and Section 2 (6) and (7) of the National Labor Relations,
Act, 49 Stat. 449, herein called the Act. A copy of the complaint and
notice of hearing thereon were duly served upon the respondent and
the International.
Concerning the unfair labor practices the complaint alleged, in
substance, that although a majority of the respondent's employees
in an appropriate unit designated the International as their repre-
sentative for the purpose of collective bargaining, the respondent
refused to bargain collectively with it; that the respondent domi-
nated and interfered with the formation and administration of the
labor organization among its employees known as Independent Lime
and Quarry `Yorkers' Union; 3 that the respondent by means of a
lock-out terminated the employment of and refused to reinstate all
its employees because they engaged in concerted activities for the
purpose of collective bargaining; and that the respondent, by the
aforesaid acts and by espionage, threats, solicitations, dissemination
of anti-union propaganda, and by forming a back-to-work move-
ment among its striking employees, interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act. On November 5, 1938, the respondent filed an
answer to the complaint in which it admitted the allegations con-
cerning its corporate structure with the exception of the allegation
that it was a wholly owned subsidiary of the Mississippi Lime Com-
pany. It denied all other material allegations of the complaint.
Pursuant to notice, a hearing concerning this case and the others
with which it was then consolidated, was held on November 7, 9, 10,
and 12, 1938, at.Ste. Genevieve, Missouri, before Tilford E. Dudley,
the Trial Examiner duly designated by the Board. The Board and
the International participated in the hearing and were represented
by counsel. Counsel for the respondent had been excused from ap-
pearing at the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. On November 10, 1938, the re-
spondent, the International, and counsel for the Board entered into
a stipulation in settlement of the case. This stipulation provides
as follows :
IT IS HEREBY STIPULATED by and between the Bluff City Lime
& Stone Company. Respondent herein, International Hod Car-
riers, Building and Common Laborers' Union of America, Local
No. 829, affiliated with the American Federation of Labor, It
3In the pleadings and the stipulation in settlement of the case the Independent Lime
and Quarry Workers' Union was incorrectly designated as Lime Workers Independent
Organization . On December 5, 1933 , the respondent authorized the Board to amend the
pleadings and the stipulation to show the correct designation as given above. The
International agreed to this correction at the hearing
920 NATIONAL LABOR RELATIONS BOARD
party hereto, and Thurlow Smoot and Bernard Bralove, attor-
neys for the National Labor Relations Board, that :
1. Upon charges and amended charges duly filed by the Inter-
national Hod Carriers' Building and Common Laborers' Union
of America, Local No. 829, the National Labor Relations Board,
by the Regional Director for the Fourteenth Region, acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act, (49 Stat. 449), and its Rules and Regula-
tions, Series 1, as amended, Article IV, Section 1, issued its
complaint on the 31st day of October, 1938 against the Bluff
City Lime and Stone Company, Respondent herein.
II. The Respondent, Bluff City Lime and Stone Company, is
a corporation organized and existing by virtue of the laws of
the State of Missouri, with its principal office in the City of
Alton, State of Illinois, and is now and has continuously been
operating and maintaining' in the City of Ste. Genevieve, State
of Missouri, a quarry and lime kiln for the production, sale and
distribution of finished lime.
III. The Respondent, Bluff City Lime and Stone Company,
purchases in excess of $100,000 in value, in a normal year, ex-
plosives, gasoline, coal, brick, and other raw materials used in
the production of lime and other products, 90% of which are
purchased and transported from, into and through states of the
United States other than the State of Missouri to its quarry
and lime kiln in the City of Ste. Genevieve, State of Missouri.
IV. The Respondent, Bluff City Lime and Stone Company,
has for a long period of time continuously caused 80% of the
finished lime produced by it, amounting to in excess of $200,000
in a normal year, to be sold and transported in interstate com-
merce from its quarry and lime kiln in the City of Ste. Gene-
vieve, State of Missouri, to, into and through states of the United
States other than the State of Missouri.
V. The Respondent, Bluff City Lime and Stone Company,
is engaged in interstate commerce within the meaning of the
National Labor Relations Act.
VI. The Respondent, Bluff City Lime and Stone Company,
in the normal course and conduct of its business at its Ste. Gene-
vieve plant, employs approximately 150 employees who are
engaged in production.
VII. The International Hod Carriers, Building and Common
Laborers' Union of America, Local No. 829 is a labor organiza-
tion within the meaning of the National Labor Relations Act.
VIII. The Independent Lime and Quarry Workers' Union is a
labor organization within the meaning of the National Labor
Relations Act.
DECISIONS AND ORDERS 921
IX. A unit consisting of the production and maintenance em-
ployees, excluding supervisory and clerical employees, employed
in the Ste. Genevieve quarry and lime kiln, as described above,
would insure to such employees the full benefit of- their right to
self-organization, and would effectuate the policies of the Act,
and is a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
X. That on or about May 26, 1937, a majority of the em-
ployees in the unit described in Paragraph IX did designate
the International Hod Carriers, Building and Common La-
borers' Union of America, Local No. 829 as their representative
for the purposes of collective bargaining with the Respondent,
Bluff City Lime and Stone Company. At all times since on or
about said date, the said Union has been the representative for
collective bargaining of a majority of the employees of the
Respondent, Bluff City Lime and Stone Company, in the unit set
forth above, and has, by virtue of Section 9 (a) of the Act, been
the exclusive representative of all the employees in the said
unit for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.
XI. That on November 7, 1938, the Respondent, Bluff City
Lime and Stone Company, and the International Hod Carriers,
Building and Common Laborers' Union of America, Local No.
829, entered into a written contract embodying terms satisfac-
tory to both parties.
XII. The Respondent, Bluff City Lime and Stone Company,
waives its right to a hearing and making of findings of fact
and conclusions by the Board, as set forth in Sections 10 (b)
and (c) of the National Labor Relations Act.
XIII. This stipulation, together with the Second Amended
Charge, Complaint, Notice of Hearing, Order of Consolidation,
Amended Order of Consolidation, Notice of Order of Consolida-
tion, and Respondent's, Bluff City Lime and Stone Company,
Answer, may be filed with the Trial Examiner of the National
Labor Relations Board at Ste. Genevieve, Missouri, and when so
filed, shall constitute the record in this case.
XIV. Upon this stipulation, if approved by the National
Labor Relations Board, an Order may forthwith be entered by
said Board providing as follows :
1. The Respondent, Bluff City Lime and Stone Company, its
officers, agents, successors, and assigns will cease and desist
from :
(a) In any,manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization
922 NATIONAL LABOR RELATIONS BOARD
to form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining, or
other mutual aid or protection as guaranteed under Section 7 of
the National Labor Relations Act.
(b) In any manner interfering with union activities, soliciting
individual workers to give up their membership in the Interna-
tional Hod Carriers, Building and Common Laborers' Union of
America, Local No. 829, or threatening to keep its plant closed
for a great period of time because'its employees engage in con-
certed activities for the purpose of collective bargaining;
(c) In any manner dominating or interfering with the forma-
tion or administration of the Back-to-Work Movement, and/or
its successor, the Independent Lime and Quarry Workers' Union,
or any other labor organization of its employees, or from con-
tributing financial or other support to the Back-to-Work Move-
ment, and/or its successor, the Independent Lime and Quarry
Workers' Union, or any other labor organization of its employees.
XV. The Respondent, Bluff City Lime and Stone Company,
its officers, agents, successors, and assigns will forthwith take the
following affirmative action to effectuate the policies of the Act :
(a) Advise the Independent Lime and Quarry Workers'
Union that it will not recognize said organization as a represent-
ative of the Respondent's, Bluff City Lime and Stone Company,
employees, or any, of them, as a labor organization ;
(b) Post notices on all bulletin boards in its plant for a period
of not less than thirty (30) days, stating:
(1) That the Respondent, Bluff City Lime and Stone Com-
pany, will cease and desist as aforesaid;
(2) That the Respondent, Bluff City Lime and Stone Com-
pany, will not recognize or deal with the Independent Lime and
Quarry Workers' Union;
(c) Inform its officers and agents, including the superintend-
ent or other supervisory employees that they shall not in any
manner threaten Respondent's Bluff City Lime and Stone Com-
pany, employees because of their membership in the Interna-
tional Hod Carriers, Building and Common Laborers' Union of
America, Local No. 829;
(d) Notify the Regional Director for the Fourteenth Region
of the National Labor Relations Board within ten (10) days of
the Order of the steps Respondent, Bluff City Lime and Stone
Company, has taken to comply herewith.
The allegations of the Complaint, that the Respondent, Bluff
City Lime and Stone Company, violated Section 8, subdivision 5
of the Act, is hereby dismissed.
DECISIONS AND ORDERS 923
The allegations of the Complaint, namely Paragraphs 14' and
15, that the Respondent, Bluff City Lime and Stone Company,
violated Section 8, subdivision 3 of the Act, is hereby dismissed.
The phrase "a wholly-owned subsidiary of the Mississippi
Lime Company, is hereby stricken wherever it appears in the
Complaint and the Amended Order of Consolidation herein, and
paragraph numbered (1) in the Complaint is hereby stricken in
its entirety.
IT IS FURTHER AGREED and stipulated by and between the
parties hereto that any appropriate Circuit Court of Appeals of
the United States may, upon application by the National Labor
Relations Board, enter its decree enforcing the Order of the
Board. The Respondent, Bluff City Lime and- Stone Company,
waives its right to contest the entry of any such decree, and its
right to receive notice of the filing of an application for the entry
of such decree.
On November 10, 1938, the formal papers including the pleadings
and the stipulation were filed pursuant to the agreement of the parties
with the Trial Examiner and thereby became part of the record in
the case.
On November 18, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring the
proceeding to the Board for the purpose of entry of a decision and
order by the Board. On December 12, 1938, the Board issued its
order severing this case from the other two cases noted in footnote 1,
supra.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, a Missouri corporation, is engaged in the operation
of a quarry and lime kiln, with its plant at Ste. Genevieve, Missouri,
and its principal office at Alton, Illinois. In a normal year the prin-
cipal raw materials, consisting of explosives, gasoline, coal, and
bricks, purchased by the respondent are in excess of $100,000 in value,
90 per cent of which are shipped to the respondent's Ste. Genevieve
plant from points outside the State of Missouri. In a normal year
the respondent produces finished lime amounting to in excess of
$200,000 in value, 80 per cent of which is shipped from respondent's
Ste. Genevieve plant to points outside the State of Missouri.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
924 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
International Hod Carriers, Building & Common Laborers' Union
of America, Local No. 829, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the respondent.
Independent Quarry Workers Union is a labor organization within
the meaning of the Act.
III. THE APPROPRIATE UNIT
We find that all the production and maintenance employees, ex-
cluding • supervisory and clerical employees, employed in the Ste.
Genevieve plant of the respondent constitute a unit appropriate for
the purposes of collective bargaining, and that such unit insures to
the employees the full benefit of their right to self-organization and
collective bargaining and otherwise effectuates the policies of the Act.
IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT
We find that on May 26, 1937, and at all times thereafter, a ma-
jority of the employees of the respondent in the appropriate unit
designated the International 4s their, representative for the purposes
of collective bargaining; and that at all times thereafter the Inter-
national was the representative for the purposes of collective bargain-
ing of a majority of the employees of the respondent in an appro-
priate unit. By virtue of Section 9 (a) of the Act, therefore, it was
the exclusive representative of all employees of the respondent in the
said unit for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Bluff City Lime and Stone Company, Ste. Gene-
vieve, Missouri, and its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection as guaranteed under Section 7 of the National
Labor Relations Act;
DECISIONS AND ORDERS 925
(b) In any manner interfering with union activities, soliciting
individual workers to give up their membership in the International
Hod Carriers, Building and Common Laborers' Union of America,
Local No. 829, or threatening to keep its plant closed for a great
period of time because its employees engage in concerted activities
for the purpose of collective bargaining;
(c) In any manner dominating or interfering with the formation
or administration of the Back-to-Work Movement, and/or its suc-
cessor, the Independent Lime and Quarry Workers' Union, or any
other labor organization of its employees, or contributing financial
or other support to the Back-to-Work Movement, and/or its suc-
cessor, the Independent Lime and Quarry Workers' Union, or any
other labor organization of its employees.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Advise the Independent Lime and Quarry Workers' Union that
it will not recognize said organization as a representative of the
respondent's, Bluff City Lime and Stone Company, employees, or any
of them, as a labor organization;
(b) Post notices on all bulletin boards in the plant for a period of
not less than thirty (30) days, stating:
(1) That the respondent, Bluff City Lime and Stone Company, will
cease and desist as aforesaid;
(2) That the respondent, Bluff City Lime and Stone Company,
will not recognize or deal with the Independent Lime and Quarry
Workers' Union;
(c) Inform its officers and agents, including the superintendent or
other supervisory employees that they shall not in any manner
threaten the respondent's, Bluff City Lime and Stone Company, em-
ployees because of their membership in the International Hod Car-
riers, Building and Common Laborers' Union of America, Local No.
829;
(d) Notify the Regional Director for the Fourteenth Region of
the National Labor Relations Board within ten (10) days of the
order of the steps the respondent, Bluff City Lime and Stone Com-
pany, has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint, in so far as it
alleges that Bluff City Lime and Stone Company has engaged in
unfair labor practices within the meaning of Section 8 (3) and (5)
of the Act, be, and it hereby is, dismissed.