Dolese & Shepard Co.

National Labor Relations Board - Board Decisions

May 15, 1944

56 N.L.R.B. 532 (N.L.R.B. 1944)

In the Matter of DOLESE & SHEPARD COMPANY 1 and AMALGAMATED
LOCAL, TRANSPORT WORKERS OF AMERICA, C. I. O.
In the Matter Of MATERIAL SERVICE CORPORATION and AMALGAMATED
LOCAL, TRANSPORT WORKERS OF AMERICA,,C. I. O.
In the Matter of CONSUMERS COMPANY and AMALGAMATED LOCAL,
TRANSPORT WORKERS OF AMERICA, C. I. O. °
In the Matter of CHICAGO GRAVEL COMPANY and AMALGAMATED LOCAL,
TRANSPORT WORKERS of AMERICA, C. I. O.
In the Matter of NATIONAL STONE COMPANY and AMALGAMATED LOCAL,
TRANSPORT WORKERS OF AMERICA, C. I. O.
In the Matter of LINCOLN CRUSHED STONE COMPANY and'AMALGAMATED
LOCAL, TRANSPORT WORKERS OF AMERICA, C. I. O.
Cases Nos. 13-R-2138, 13-R-2139, 13-R-2142, 13-R-2145, 13-R-2117
and 13-R-2148, respectively.Decided May 15, 1944
Kirkland, Fleming, Green, Martin cC Ellis, by Mr. C. R: • Morrow,
of Chicago, Ill., for Dolese and Consumers.,
Schradzke cC Gould, by Mr. Benjanvin Z. Gould, of Chicago, Ill., for
Material, Service.
'Mr. Paul R. Conaghan, of, Chicago, Ill., for Chicago Gravel and,
National Stone. '
Mr. Dale G. Nicholson, of Joliet, Ill., for Lincoln.
Meyers ci Meyers, by Mr. Ben Meyers, of Chicago, I11., and Messrs.
John Davidson and Matt Kearns, both of Chicago, Ill., for the C. I. O.
Mr. Samuel H. Shapiro, of Chicago, Ill., for the Laborers.
Mr. R. Ganschow, of Chicago, Ill., for the Operating Engineers.
Mr. A-. C. D'Andrea, of Chicago, Ill., for the Laborers Council 'and
the-Hod Carriers.
Mr. Earl J. McMahon, of Chicago, Ill., for the Building,Trades
Council.
Mr. Victor A. Olander, of Chicago, Ill., for the Federation.
Mr. D. M. Burrows, of Chicago, Ill., for the Machinists.
Messrs. Henry George Burger and Kenneth M. Hindley, both of
Chicago, Ill., for the Teamsters.
Mr. David V., Easton, of counsel to the Board.
The name of this Company is amended to read as written abo^e pursuant to a stipula-
tion made on the record.
56 N. L . R. B., No. 102.
532 - e
DOLESE & SHEPARD COMPANY 533
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon separate amended petitions duly filed by Amalgamated Local,
Transport Workers of America, C. I. 0., herein called the C. I. 0.,2
alleging that questions affecting commerce had arisen concerning the
representation of employees of Dolese & Shepard, Chicago, Illinois,
herein called Dolese; Material Service Corporation, Chicago, Illinois,
herein called Material Service; Consumers Company, Chicago, Illinois,
herein called Consumers; National Stone Company, Joliet Illinois,
herein called National Stone; Chicago Gravel Company, Joliet, Illi-
nois, herein.called Chicago Gravel; and Lincoln Crushed Stone Com-
pany, Joliet, Illinois, herein called Lincoln, the National Labor Rela-
tions Board consolidated the cases and provided for an appropriate
hearing upon due notice before Robert E. Ackerburg, Trial Examiner.
Said hearing Was held at Chicago, Illinois, on March 20, 24, 27 , 28, 30,
31, April 3, 4, and 8, 1944. The six companies; the C. I. 0.; Construc-
tion and General Laborers' District Council of Chicago and Vicinity,
A. F. of L., and its affiliate, Sand, Gravel & Crushed Stone Workers'
Union, Local 681, herein called the Laborers' Council and the Laborers,
respectively; International Hod Carriers, Building and Common
Laborers Union of America, A. F. of L., herein called the,Hod Car-
riers; Local #150, International Union of Operating Engineers,
A. F. of L., herein called the Operating Engineers; Auto Mechanics
Union, Local #701, International Association of Machinists, A. F. of
L., herein called the Machinists; International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, A. F. L.,
herein called the Teamsters; Chicago Building Trades Council, A. F.
of L., herein called. the Building Trades Council; and Illinois State
Federation of Labor, A. F. of L.', herein called the Federation, ap'
2 The original petitions were filed by Construction & Maintenance Local Industrial Union.
Local 1228, CIO, herein called Local 1228. On Januai y 24, 1944, Local 1228 requested
and was granted permission to withdraw the original petitions, and immediately thereafter
the C I 0. filed the amended petitions in their stead
On December 30, 1943, the membership of Local 1228 duly resolved to dissolve the local
and to apply for affiliation with Transport Workers of America, C. I. 0. The record con-
tains evidence sufficient to support the conclusion, and we find , that Local 1228 was dis-,
solved, that its membership and records were taken over by the-C. I. 0 , and that the lat-
ter organization is, in fact , the successor of Local 1228. Furthermore , we find that the
filing of the amended petitions by the C. I. 0. subsequent to the withdrawal of the original
petitions by Local 1228 was no more than an amendment of the original petitions made in
order to show a change of affiliation by the petitioner and did not constitute the initiation
of new proceedings.
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
peared, participated, and were afforded full opportunity, to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on,the issues. On, March 27,'1944, Chicago Gravel and Na-
tional Stone filed a joint motion for severance of Cases Nos 13-122145
and 13-R-2147 from the other cases in this consolidated proceeding.
On March 28, 1944, the Board issued an order denying the motion.,
During the course of the hearing, each of the, companies and each of
the labor organizations, other than the C. I.0., made motions to dismiss
the petitions The Trial Examiner reserved ruling upon these motions
for the Board. ,For reasons herein stated, the motions of Dolese,
Material Service, and Consumel's, as well as those of the intervening'
labor organizations affecting employees of these three companies, are
granted; the motions of Chicago Gravel, National Stone, and Lincoln,
as well as those of the intervening labor organizations affecting em-
ployees of these three companies, are denied.3 The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded'an opportunity to file briefs
with the Board.
Upon the entire record in the consolidated proceeding, the Board
makes the following:
° FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Dolese & Shepard Company, an Illinois corporation with its plant
located at McCook, Illinois, and its principal office located in Chicago,.
Illinois, is engaged in the business of producing, selling, and distribut-
ing crushed rock of various grades. During the year 1943, the gross
income received by Dolese from the sale of all its, products exceeded
$400,000, approximately 27 percent -of which represents the value of
products shipped to points located outside the State of Illinois.
Material Service Corporation, an Illinois corporation with its prin-
cipal office located in Chicago, Illinois, is engaged in the production,
sale, and distribution of crushed rock, gravel, coal, and various build-
ing materials. For this purpose, it operates, in addition to its own
facilities, those of two subsidiary corporations, Thornton Quarries.
Corporation and-Stearns Lime and Stone Company,' as well as facili-
ties in the State of Kentucky. During the year 1943 its sales ex-
ceeded $6,000,000 in value, approximately 20 percent of which repre-
9 In addition, subsequent to the close of the hearing, Chicago Gravel filed a motion and
a brief in support' thereof with the Board on April 24, 1944, seeking a dismissal of Case
No. 13-R-2145. On April 27, 1944, National Stone filed a similar motion and supporting
brief seeking dismissal of Case No 13-R-2147. In accordance with our rulings on the
motions made' by these' companies at the hearing, these motions are hereby denied.
4 The operations of these, subsidiaries are considered, herein as operations of Material
Service. •
DOLESE & SHEPARD COMPANY 535
sents .the value of crushed rock and gravel products produced in,the
State of Illinois and transported to points located outside the State
of Illinois.
Consumers Company, a Delaware corporation with a general office
located in Chicago, Illinois, is engaged in the production, sale, and
distribution of gravel, crushed rock, coal, ice, and various building
materials. During the year 1943 sales of its rock and gravel products
originating in the State of Illinois exceeded $2,000,000 in value, of
which more than 20 percent represents the value of products shipped
from points located within the State of Illinois to points located
outside that State.
Chicago Gravel Company, an Illinois corporation with offices .lo-
•cated at Joliet, Illinois, is engaged in the'pioduction and sale of sand
and crushed gravel at, three locations within the State of -Illinois.
During the year 1943 it sold and shipped products,to points located
outside the State, of Illinois amounting in value to more than
$100,000.
National Stone Company, an Illinois corporation with offices at
Joliet, Illinois, is engaged in the production, sale, and distribution
of crushed rock. During the year-1943, its total sales exceeded $330,-
000 in value, of which products valued in excess of $10,000 were shipped
to points located outside the State of Illinois, products 'valued at
approximately $21,000 were sold to railroads which shipped them to
points located outside the State of Illinois, products valued it about
$34,000 were sold to' interstate carriers, products valued at approxi-
mately $22,000 were sold to agencies. of the United States Govern-
ment, and products valued at about $24,000 were sold to contractors
for use on projects financed by agencies of the United States Govern-
ment:
Lincoln Crushed Stone Company, an Illinois corporation with offices
located at Joliet, Illinois, is engaged in the production, sale, Rnd dis-
tribution of crushed stone. During the year 1943 it sold, more than
325,000 tons of products valued in excess of $250,000. Of these amounts,
about 4.5 percent represents the value and tonnage of products shipped
directly to points located outside the State of Illinois; about 3 per-
cent represents the value and tonnage.of products sold,at the quarry
but shipped by the buyer to points located- outside'the State of Illi-
nois; approximately 8.5 percent represents the value and tonnage of
products sold within the State of Illinois, but' subsequently shipped
to points located outside that State; approximately ,28 percent repre-
sents the value and tonnage of products sold to railroads and inter-
state carriers for,use as ballast; and about 15 percent represents the
value and tonnage of products sold to the United States Government
or to contractors engaged in war work.
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that each of these companies is engaged in commerce within
the meaning of the Act.
U. THE ORGANIZATIONS INVOLVED
Amalgamated Local, Transport Workers of America, is, a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees 'of the companies. '
Sand, Gravel_& Crushed Stone Workers', Union, Local 681, of the
Construction and General Laborers' District Council of Chicago and
Vicinity; Local #150, international Union of Operating Engineers;
and Auto Mechanics Union, Local #701, International Association of
Machinists, are labor organizations affiliated with the American
Federation of Labor, admitting to membership, employees of the
companies .,5
III. THE QUESTIONS CONCERNING REPRESENTATION ; THE ALLEGED QUESTIONS
CONCERNING REPRESENTATION
,On- or about September 30, 1943, the C. I. O. requested recognition
from Dolese, Material Service, and Consumers, as the collective bar-'
gaining representative of their employees. Thereafter, on or about
October 30, 1943, the C. I. O. made similar requests of Chicago Gravel,
National Stone, and Lincoln. Each of these companies is operating at
present under-collective bargaining agreements, either oral or written,
with the Laborers and the Operating Engineers. In addition, Ma-
terial Service is operating under a contract with the Machinists, cov-
ering certain employees in the unit sought by the C. I. 0.e
- , Chicago Gravel had executed annual contracts with the Laborers
for the years 1942 and 1943 covering certain classifications of employees
at its Hammond, Plainfield, and Rockdale, Illinois, plants. In view of
the notice of the C. I. 0., which appears to have affected only em-
ployees of the Plainfield and Rockdale plants, Chicago Gravel executed
.a written agreement with the' Laborers on November 29, 1943, for the
year 1944, covering only employees engaged at the Hammond plant,
and orally agreed with this labor organization upon- terms and con-
ditions ofemployment affecting' the 'employees at the Plainfield and
Rockdale plants. Chicago Gravel's current contract with the Operat-
ing Engineers, although effective as of June 1, 1943, was actually exe-
5 The record discloses that the Teamsters , the Laborers ' Council, -the Hod Carriers, the'
Building Trades Council , and the Federation, labor organizations affiliated with the Ameri-,
can Federation of Labor, despite their appearances at the hearing, have no immediate in-
terest in the representation of employees affected by this consolidated proceeding.
Since , as later noted , we find that no questions affecting commerce have arisen concern-
ing the representation of employees of Dolese , Material Service , and' Consumers , we shall
not treat with the contracts between these companies 'and the Laborers and Operating En-
gineers, or with the contract between Material Service and the Machinists.
1
DOLESE & SHEPARD COMPANY 537
cuted in January 1944, subsequent to the notice given by the C. I. O.
An oral agreement, or an agreement executed after notice of represen-
tation claims of a rival labor organization, does not constitute a.bar
to a current determination of representatives.' Nor does a contract
covering a unit which the Board deems to be inappropriate preclude
a present determination of 'representatives of employees.", Accord-
ingly, we find that none of the contracts, either written or oral, between,
Chicago Gravel on the one hand, and the Laborers or the Operating
Engineers on the other, constitutes a bar to this proceeding.
The most recent written agreement between National Stone and
the Laborers expired at the end of 1943, and, was orally extended by
them. Consequently, it does not act as a bar to a current determination
of representatives.9 With respect to this company's bargaining re-
lations with the Operating Engineers, the record discloses a conflict
in testimony. The president of National Stone testified that his
company was represented by the vice president of Consumers, who,
together with other members of an employers' committee, executed a
contract with the Operating Engineers; that this contract expired on
May 31, 1943; and that representatives of the Operating Engineers
had informed him that the contract hid been renewed. This witness
further testified that he did not sign the contract, but that it was signed
by' members of the employers' committee. The vice president of
Consumers testified that he represented National Stone as well as his
own company at meetings of the employers' committee with the Oper-
ating Engineers in the negotiations which resulted in the most recent
contract between that labor organization and Dolese', Consumers, Ma-
terial Service, and a fourth company. He further stated that this con-
tract was executed in 1941, and that he did not sign it on behalf of
National Stone. The operating Engineers' did not introduce into
evidence at the hearing any contract between it and National Stone.
Despite the contention of National Stone that the renewal of the alleged
1943 contract bars this proceeding, insofar as it relates to its employees,
we are of the opinion and find that the present relation's between the
Operating Engineers and that company are governed by an oral
agreement at best, which does not foreclose a present determination
of representatives.'°
As in the case of National Stone, the most recent contract between
Lincoln and the Laborers expired in 1943, has, been orally extended by
'1 Matter of Eicor, Inc ., 46 N. L It. B. 1035 ; Matter of Sterling Engine Company, 44
N. L. It. B. 191.
8 Cf Matter of Kinnear Manufacturing Company, 4 N. L. It. B. 773. As hereinafter
indicated , we are of the opinion that employees of the Hammond plant of Chicago Gravel
do not alone constitute an appropriate unit.
e Matter of lficor, Inc , supra. -
10 Matter of Eicor, Inc., supra.
t
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
the parties; and cannot serve to bar the instant proceeding. With re-
spect to the bargaining relations between Lincoln and the Operating,
Engineers, no contract is asserted by either of these parties as a bar
to a determination of representatives.
A statement of ,the Trial Examiner, read into •the, record at the
hearing, indicates that the C. I. O.' represelits a substantial number
of employees in the units of employees of Chicago Gravel, National
Stone, and Lincoln, alleged by it to be appropriate 11 ` i -
We find that questions affecting commerce have- arisen concerning
the representation of employees of Chicago Gravel, National Stone.
and Lincoln, with the meaning of Section 9 (b) and Section 2 (6) and
(7) of the Act.
Inasmuch as the other units sought by the C., 1. O. are herein found
to be inappropriate, we find that no questions affecting commerce have
arisen concerning the representation of employees of Dolese, Material
Service, and Consumers. , , - '
IV. THE APPROPRIATE UNITS; THE ALLEGED APPROPRIATE UNITS
The C. I. O. , seeks six separate 'company-wide units 12 comprised of
all production and maintenance employees, including all, quarry,
crusher and dust plant workers, operating engineers, and watchmen,
employed by Dolese, Material Service, Consumers, Chicago Gravel,
National Stone, and Lincoln, but, excluding clerical employees, drivers
of truck vehicles outside of buildings,13 and supervisory employees
within the meaning of the Board's customary definition.14 Dolese,
Material- Service, and 'Consumers contend that their employees; to-
gether with those of Elmhurst-Chicago Stone Company, not a party
to this, proceeding and herein called Elmhurst, properly constitute a
single multiple-employer unit. Chicago Gravel contends that the em-
ii The Trial Examiner's statement with respect to the ' designations submitted by the
C. I. 0: bearing apparently genuine original signatures of persons whose names appear upon
the pay rolls of Chicago Gravel, National Stone, and Lincoln, may be summarized as
follows : '
(1) The Plainfield and Rockdale plants of Chicago Gravel employed 49 employees on
November 14, 1943 , and the C. I 0 submitted 32 designations ;
(2) National Stone employed 28 employees on December 6, 1943 , and the C. J . O. sub-
mitted 8 designations ;
(3) Lincoln employed 25 employees on December 4, 1943 , and the C. I. 0 submitted 12
designations.
The Operating Engineers and the Laborers , inter alia, apparently rely upon their con-
tracts pith these companies as evidence of their interest in this proceeding.
12 Although it originally sought to represent the employees of Chicago Gravel at the Tat-
ter's Plainfield and Rockdale plants , the C I. 0 stated that it did not oppose an election
among all the employees of that company , including those engaged at the Hammond plant.
13 These employees are currently represented by the Teamsters, and are not involved in
this proceeding.
14 Of, the six companies , Material Service' and Consumers engaged employees currently'
represented by the Machinists ; the C. I. 0 does not seek to represent such employees
engaged by Consumers , but does wish to represent those employed by Material Service.
DOLESE & SHEPARD COMPANY '539
ployees at each of its three plants constitute three separate appropriate
units. Moreover, all six companies and the, Laborers, Operating
Engineers, and`. Machinists contend that the employees of the com-
panies 'should form units identical' with those represented by these
three labor organizations.
The record discloses that Dolese, Material Service, Consumers, and,
Elmhurst conduct approximately 90 percent of the sand and gravel
business in Chicago and its immediate vicinity. Representatives of
each of these four companies have customarily met over a long period
of time with representatives of the Laborers and the Operating,,
Engineers for the purpose of negotiating hours, wages, and other con
ditions of employment covering employees of these companies in units
represented by these labor organizations 15 As a result of these
negotiations, identical contracts were executed, yearly between the
Laborers on the one hand, and representatives of each of the companies
on the other. The most recent agreement between the 'Operating
Engineers, and these four companies'is a single document which was
executed by all of them. The_customary procedure of these companies
was to have' representatives from each meet together as a group, de-
cide upon a common course of action, and then enter into negotiations
with the Operating Engineers and Laborers. Upon completion' of
the' negotiations, the committee member's then executed either identical
contracts or a single contract with these labor organizations. On
occasion, one member of the employers' committee was authorized to
speak for others in,the latter's absence, and the record discloses one
instance in which a grievance was taken up by a labor' organization
with the committee. In view of these circumstances; we are of the
opinion that the four companies have, without combining themselves
into a formal association, conducted negotiations with the Operating
Engineers and the Laborers covering their respective production and
maintenance employees upon a joint basis, and/that these employees
can be more properly, represented in a single- multiple-employer unit is
Accordingly, we find that the units sought in Cases Nos. 13-R-2138,
13-R-2139, and 13-R-2142 are inappropriate" - 6 '
As previously noted, Chicago Gravel operates three plants in Illi-
nois, only two of which appear to be covered, by the petition of the
C. I. O. The record discloses that' in 1942 and 1943, all three plants
were embraced by a single contract with the Laborers.- Absent any
15'Contracts of the four companies w ith the Operating Engineers date back to around
1911 ; those with the Laborers date back to 1989. Each of these contracts includes, ranter
aba, provisions for grievance and arbitration procedure, holidays; and union security, as
well as wages, hours, and other conditions of employment.
11 Material Service and Consumers are the only two companies having contracts with the
Machinists . In the absence of evidence to the contrary , it is reasonable to assume that
these two companies acted in concert in their negotiations with the Machinists.
17 See Matter of George F. Carleton & Co ., Inc., et al, 54 N. L. R. B. 222.
I
540 DECISIONS OF - NATIONAL 'LABOR RELATIONS BOARD
contradictory evidence, the contract dated June 1, 1943, covering the
year 1944, between Chicago Gravel and the Operating Engineers, is
sufficiently, general in terms to warrant the inference that it applies
to the three plants of the company. The record discloses that all
plants of Chicago, Gravel are under a single general superintendent,,
and'there is some evidence that employees may, perform-their duties
at any of these plants in accordance with the desires of the company.
,We are of the opinion that, under these circumstances, employees of
the three'plants of Chicago Gravel should together form the basis for
the establishment of the appropriate units.
The history of collective bargaining between Chicago Gravel, Na-
tional'Stone, and Lincoln on the one hand, and the-Laborers and the
Operating Engineers on the other 18 shows that the production and'
maintenance employees of each of these companies have been bargained
for collectively in two units, one consisting of a craft group, repre-
sented by the Operating Engineers, and the other of a residual group
of production and maintenance employees represented by the Laborers.
This relationship dates back over a considerable number of years,19
and amply supports a finding that the groups represented by the
Laborers and the Operating Engineers are separate and distinct ap-
propriate units. - ,
We find that all engineers on shovels and draglines, crane operators
and shovel cranemen, locomotive engineers, engineers on cranes, der-
ricks, hoisters, cableways,' and other equipment used for handling ma-
terial after it leaves the pit, firemen and oilers,. of Chicago Gravel -
'(including employees at its Plainfield, Rockdale, and Hammond opera-
tions), National Stone, and Lincoln, but excluding superintendents,
foremen, other supervisory employees with-authority to hire, promote.
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, and all other employ-
ees of the companies, constitute three separate units appropriate for
the purposes of collecting bargaining, within the meaning of Section "
9 (b) of the Act.
We further find that all production-and maintenance employees of
Chicago Gravel' (including employees at its Plainfield,' Rockdale, and
Hammond operations), National Stone, and Lincoln, including all
quarry, crusher and dust 'plant workers, working foremen, and watch-
men, but excluding clerical employees, drivers of truck vehicles outside
of buildings, and all engineers on shovels and draglines, crane oper-
None of these companies has a contract with the T4achimsts.
The Laborers has had contracts with each of these companies since 1939. The Oper-
ating Engineers has had bargaining relations with National Stone dating back to 1911,
and with Chicago Gravel for at least 20 years. The record shows that for "many" years
Lincoln has recognized the Operating Engineers as the bargaining representative for certain -
of its employees.
DOLESE & SHEPARD COMPANY 541
ators, shovel cranemen, locomotive engineers, engineers on cranes, der-
ricks, hoisters, cableways, and other equipment used for handling ma-
terial after it leaves the pit, firemen, oilers, superintendents, foremen,
and other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute three separate
units appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
V. THE DETERMiNATION OF REPRESENTATIVES
^Ve, shall direct that the questions concerning representation which
have arisen be, resolved by six separate elections by secret ballot
among the employees in the appropriate units who were employed
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela
Mons Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules,and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chicago Gravel,
Company, Joliet, Illinois, National Stone Company, Joliet, Illinois,
and Lincoln Crushed ,Stone Company, Joliet, Illinois, six separate
elections by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction of
Elections, under the direction and supervision of the Regional Direc-
tor for the Thirteenth Region, acting in this matter as agent for the
National Labor Relations Board, among the following appropriate
units of employees of Chicago Gravel Company (including employees
at its Plainfield, Rockdale, and. Hammond, Illinois, operations), Jo-
liet, Illinois, National Stone Company, Joliet, Illinois, and Lincoln
Crushed' Stone Company, Joliet, Illinois, 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 in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, 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 elections:
(1) 'All engineers on shovels and draglines, crane operators and
shovel cianemen; locomotive engineers, engineers on cranes, derricks,
542 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hoisters, cableways, and *other equipment used for handling material
after it leaves the pit, firemen, and oilers, excluding superintendents,
foremen, and. other supervisory employees with 'auth'ority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively 'recommend such action, and all
other employees of'the companies, to determine whether they desire
to be represented by Local #150, International Union of Operating
-Engineers, - affiliated with the American Federation of Labor, of by
Amalgamated Local, Transport Workers of America, C. I. 0., for
the purposes of collective bargaining, or by neither;
(2) All ' production and maintenance employees, including all, -
quarry, crusher and dust plant workers, working foremen, and watch-
men, but excluding clerical employees, all drivers of truck vehicles out-
side of buildings, and, all engineers on shovels and draglines, crane
operators, shovel cranemen, locomotive engineers, engineers,on cranes,
derricks, hoisters, cableways, and other equipment used for handling
material after it- leaves the pit, firemen, oilers, superintendents, fore-
men, and other supervisory employees with authority to hire, promote, _
discharge, discipline, or otherwise effect changes in the status of em- -
ployees, or effectively recommend such] action, to determine whether
they desire to be represented by Sand, Gravel and Crushed Stone
Workers Union, Local 681, A. F. of L., or by Amalgamated Local,,
Transport Workers of America, C. I. 0., for the purposes of collective
bargaining, or by-neither.
ORDER
IT IS HEREBY ORDERED that the separate petitions filed by Amal-
gamated Local, Transport Workers of America, C. I. -0., for inves-
tigation, and certification, of representatives of the employees of Dolese
&,Shepard, Case No. 13-R-2138; Material Service Corporation, Case
No. 13-R-2139; and Consumers Company, Case No. 13-R-2142, be,
and they hereby are, dismissed.