Carolina Concrete Pipe Co., Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1948

78 N.L.R.B. 808 (N.L.R.B. 1948)

In the Matter of CAROLINA CONCRETE PIPE COMPANY, INC., EMPLOYER
and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA,
C. I. 0., PETITIONER
Case No. 34-RC-44 .-Decided July 30, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
members. *
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization named below claims to represent em-
ployees 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 following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section '9 (b) of the Act: All production and maintenance employees
at the Employer's Lilesville, North Carolina, plant, excluding office
and clerical employees, the watchman,' and supervisors as defined by
the Act.
* Chairman Herzog and Members Reynolds and Murdock.
1 This exclusion covers the night watchman, who spends 90 percent of his time in this,
capacity.
78 N. L. R. B., No. 98.
808
CAROLINA CONCRETE PIPE COMPANY, INC. 809
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, 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
supervision of the Regional Director for the Fifth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, and to footnote 2 of this Decision, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who were on
strike at that time and employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid off,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by United Stone and Allied Products Workers of America, C. 1. 0., for
the purposes of collective bargaining.
' An economic strike has been in effect at the Employer' s Lilesville plant since May 28,
1948. We cannot now accurately determine which of the strikers have been validly replaced.
All persons hired since May 28, 1948, the date of the strike, and all strikers shall be deemed
presumptively eligible to vote, subject to challenge . See Matter of The Pipe Machinery
Company, 76 N. L. R. B. 247.