Columbia Marble Co.

National Labor Relations Board - Board Decisions

May 19, 1950

89 N.L.R.B. 1482 (N.L.R.B. 1950)

In the Matter of ANGELA E. CHIRICHIGNO, AN INDIVIDUAL D/B/A COLUM-
BIA MARBLE COMPANY, EMPLOYER and UNITED STEELWORKERS OF
AMERICA, CIO, PETITIONER
In the Matter of ANGELA E. CHIRICHIGNO, AN INDIVIDUAL D/B/A COLUM-
BIA MARBLE COMPANY, ET AL.,1 EMPLOYERS and INTERNATIONAL Asso-
CIATION OF MARBLE, STONE AND SLATE POLISHERS, RUBBERS AND SAW-
YERS, TILE AND MARBLE SETTERS HELPERS, AND TERRAZZO W ORKERS
HELPERS, AFL, PETITIONER
Cases Nos. 6-RC-466 and 6-RC-469.-Decided May 19, 1950
DECISION,
ORDER
AND
DIRECTION OF ELECTION
Upon petitions duly filed, a hearing 2 Was held before W. G. Stuart
Sherman, a hearing officer of the National Labor Relations Board.
The hearing officer's rulings made at the hearing are free from preju-
dicial 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-member panel [Chairman Herzog and Members
Houston and Styles].
Upon the entire record in this case, the Board finds:
1. The Employers are engaged in commerce within the meaning
of the National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employers.
' The six Employers involved herein are as follows : Angelo E. Chirichigno , an individual
d/b/a Columbia Marble Company ; Louis Battista , an individual d/b/a Louis Battista
Marble Works; Nick Battista , an individual d/b/a Nick Battista Marble Works ; Pitts-
burgh Marble . Company ; Rampa Marble and Tile Company , Inc. ; and Raymond Volpatt, an
individual d/b/a Raymond Volpatt.
2 Pursuant to Section 203.64 (b) of the National Labor Relations Board Rules and
Regulations , these cases were consolidated by order of the Regional Director for the Sixth
Region ( Pittsburgh , Pennsylvania ) on March 8, 1950.
89 NLRB No. 200.
1482
COLUMBIA MARBLE COMPANY 1483
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employers within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
4. The appropriate unit:
United Steelworkers of America, CIO, the petitioner in case No.
6-RC-466 and herein called the CIO, seeks a unit of all inside workers
employed at Columbia Marble Company's Pittsburgh, Pennsylvania,
marble polishing and cutting plant. International Association of
Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and
Marble Setters Helpers, and Terrazzo `Yorkers Helpers, AFL, the
petitioner in Case No. 6-RC-469 and herein called the AFL, seeks a
single unit composed of the inside employees of the above Employer
and of the other five Employers named herein. The Employers assert
that the unit sought by the AFL is the appropriate unit. All parties
are in agreement upon the several categories of employees to be
included, but are in disagreement upon the scope of the appropriate
unit.
The six Employers are engaged in cutting, polishing, and install-
ing marble. They constitute the only large marble contractors in the
Pittsburgh area. Their operations are divided into two parts: (1)
inside work, consisting of cutting, polishing, and rubbing the marble;
and (2) outside work, consisting of setting up and installing the mar-
ble. The two processes are unrelated, and the latter is performed by
highly skilled, highly paid mechanics who, absent unusual or emer-
gency circumstances, perform no work on the cutting or polishing
process. Conversely, the cutting and polishing is performed by less
skilled employees, called inside workers, who, under no circumstances
set up or install the marble. As above noted, it is the inside workers
who are involved in these proceedings.
None of the Employers has any past bargaining history relative to
the inside employees. However, Marble Masons Union No. 33 of
Pennsylvania, Bricklayers, Masons and Plasterers International Union
of America, AFL, herein called Local No. 33, has bargained for all
outside employees of all the Employers for many years. Its present
contract is to expire August 31, 1951. There was a formal Associa-
tion of Marble Contractors which dealt with Local No. 33 prior to
1940.3 All six Employers were members of that Association. Al-
though, the Association no longer exists, negotiations with Local No. 33
concerning the outside employees have been conducted since 1940 by
the several Employers acting as a group, and the annual agreements
so reached have been embodied in a single master contract. All Em-
3 The record does not reveal the manner in which the Association operated nor the bar-
gaining process then employed with Local No. 33.
1484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployers sign the master contract.' As heretofore stated, there is no
past bargaining history with respect to the inside employees of the
several Employers.
The essential element in the establishment of a multiple-employer
unit for purposes of collective bargaining is participation by the sev-
eral employers, whether members or nonmembers of an association,
either personally or through an authorized representative, in joint bar-
gaining negotiations.' As the six Employers have participated in
joint bargaining negotiations with Local No. 33 for over 10 years
with respect to outside employees, we find that the participating Em-
ployers have, by such action, manifested a desire to be bound in their
labor relations generally by joint rather than individual action. Thus,
an established pattern of multiple-employer bargaining exists which,
in accordance with our prior decisions 6 controls the type of unit appro-
priate for the inside employees.
Accordingly, we find that a multiple-employer unit consisting of
the inside employees of the several Employers named herein constitute
an appropriate unit for purposes of collective bargaining, and that a
unit limited to the inside employees of a single Employer is inappro-
priate. We shall, therefore, dismiss the CIO's petition.
We find that all inside employees of Angela E. Chirichigno, an indi-
vidual d/b/a Columbia Marble Company; Louis Battista, an
individual d/b/a Louis Battista Marble Works; Nick Battista, an
individual d/b/a' Nick Battista Marble Works; Pittsburgh Marble
Company; Rampa Marble and Tile Company, Inc.; and Raymond
Volpatt, an individual d/b/a Raymond Volpatt, including polishers,
rubbers and sawyers, and excluding all other employees, watchmen and
guards, professional employees, and all supervisors as defined in the
Act constitute a unit appropriate for purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
ORDER
Upon the basis of the foregoing findings of fact and the entire record
in the case, the Board orders that the petition filed in this proceeding
* However, the current contract is not signed by Louis Battista Marble Works. The
latter's present contract with Local No. 33 is similar in all respects to that executed by
the other Employers, but was executed at an earlier date. This resulted from the fact
that Louis Battista Marble Works is not a member of the Master Builders Association of
Allegheny County and was free to execute such a contract, whereas the other five Employers
were members of that Association and were unable to do so until a strike then in effect
was settled.
6 Johnson Optical Company, et al., 85 NLRB 895; Associated Shoe Industries of South-
eastern Massachusetts, Inc., et al., 81 NLRB 224.
Epp Furniture Company, et al, 86 NLRB 120; Columbia Pictures Corporation, 84
NLRB 647.
COLUMBIA MARBLE COMPANY 1485
by United Steelworkers of America, CIO, be, and it hereby is, dis-
missed.
DIRECTION OF ELECTION 7
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employers , an election by
secret ballot shall be conducted as early as possible , but not later than
30 days from the date of this Direction , under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations , among the employees in the
unit found appropriate in paragraph numbered 4 , above , who were
employed during the payroll period immediately preceding the date
of this Direction of Election , including employees who did not work
during said payroll 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 rein-
stated prior to the date of the election , and also excluding employees
on strike who are not entitled to reinstatement , to determine whether
they desire to be represented , for purposes of collective bargaining, by
International Association of Marble , Stone and Slate Polishers, Rub-
bers and Sawyers , Tile and Marble Setters Helpers and Terrazzo
Workers Helpers, AFL, or by United Steelworkers of America, CIO,
or by neither.
7 Either participant in the election directed herein may , upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.