Fischer Lime and Cement Co.

National Labor Relations Board - Board Decisions

Feb 22, 1945

60 N.L.R.B. 842 (N.L.R.B. 1945)

In the Matter of FISCHER LINE AND CEMENT COMPANY and I.,OC,AL
INDUSTRIAL UNION #1356, AFFILIATED WITFI THE CONGRESS OF IN-
DUSTRIAL ORGANIZATIONS
Case No. 15-Pi-1276.-Decided February 22, 1945
Messrs. Hamilton E. Little and L. T. McCoun°t, of Memphis, Tenn.,
for the Company.
Mr. Earl A. Crowder, of Memphis, Tenn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local Industrial Union #1356, affiliated
with the Congress of Industrial Organizations, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Fischer Lime and Cement
Company, Memphis, Tennessee, herein called the Company, the Na-
tional Labor Relations Boards provided for an appropriate hearing
upon due notice before Laurence H. Whitlow, Trial Examiner. Said
hearing was held at Memphis, Tennessee, on February 6, 1945. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing- are free from prejudicial error sand-are
hereby affirmed. All parties were afforded opportunity to file briefs
-with the Board.
Upon the entire record in the case, the- Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Fischer Lime and Cement Company is a Tennessee corporation with
its principal offices at Memphis, Tennessee, where it is engaged in retail
and wholesale buying and selling of building materials. During 1944
60 N. L. R. B., No. 140.
842
FISCHER LIME AND CEMENT COMPANY 843
the Company purchased materials valued at about $2,500,000, about 70
-percent of which was. shipped to it from points outside the State of
Tennessee . During the same period it distributed about 35 percent of
said materials in States other than the State of Tennessee.
The Company- admits that it is engaged in commerce, within. the
meaning of the National Labor Relations Act.
It. THE ORGANIZATION INVOLVED
Local Industrial Union #1356 is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
employees at the 269 Walnut Street, Memphis, Tennessee, plant of
the Company, excluding office and clerical employees and all super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees,' or
effectively reconunend such action, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll-period immediately preecding the date of the Direction of
1 The Field Examiner reported that the Union presented 42 authorization cards. There
are 77 persons in the appropriate unit.
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election herein, subject to the limitations and additions set forth in
the Direction. -
DIRECTION OF ELECTION
By virtue- of and pursuant- to the power vested in, the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRFCTFD that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fischer Lime
and Cement Company, Memphis, Tennessee, 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, tinder the direction and
supervision of the Regional Director for the Fifteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, 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 including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any 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 repre-
sented by Local Industrial Union #1356, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.