Franklin Limestone Co.

National Labor Relations Board - Board Decisions

Oct 28, 1955

114 N.L.R.B. 747 (N.L.R.B. 1955)

FRANKLIN LIMESTONE COMPANY 747
4,. On October 28, 1953, and at all times thereafter, International Molders &
Foundry Workers Union of North America, Local No. 228, AFL, was and now is
the representative of a majority of Respondent 's employees in the above appropriate
unit for the purposes of collective bargaining within the meaning of Section 9 (a)
of the Act.
5. Respondent is now refusing and since June 11, 1954, has refused to bargain
collectively with the Union as the exclusive representative of all its employes in the
above unit and is thereby engaging in unfair labor practices within the meaning of
Section 8 (a) (5) and (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act. -
[Recommendations omitted from publication.]
Franklin Limestone Company and United Stone & Allied Prod-
ucts Workers of America , CIO, Petitioner. Case No. 10-RC-3183.
October 28,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Paul L. Harper, hearing of-
ficer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is a Tennessee corporation engaged in operating
5 limestone quarries in Tennessee and 1 in Kentucky. In addition dur-
ing the past year, although it had discontinued quarrying operations
at a sixth quarry in Tennessee it did make sales of stone from stock-
piles aceumulated`at that quarry during prior years. During the year
ending June 30,1955, the Employer's total sales from all of its quarries
amounted to approximately $2,251,852. Of this amount approximately
$531,114 represents sales of its Smithland, Kentucky, quarry. The
Kentucky plant's sales were predominantly interstate sales. Of the
sales,frpm the Tennessee quarries, only approximately $5,580 in amount
represent sales to points outside the State. A further breakdown of
the sales from the Employer's Tennessee quarries shows that sales of
ballast to interstate railroads amounted to $111,012; sales to the Tennes-
see State highway maintenance department amounted to $129,657;
sales to county highway departments amounted to $28,378; sales to
Federal dam projects amounted to $148,868; and sales to road con-
tractors amounted to $375,604.1
The Employer contends that it is not engaged in interstate commerce
in its Tennessee operations because only 0.32 percent of its total sales
T This figure represents sales made to certain large Ijurchasers who can generally be
identified as general road contractors , subdivision builders, and the like . There was no
attempt to trace the actual use made of the material sold to these customers . Much of
it was used for general construction work , subdivision development construction. Some
of it was also very likely used on construction of local , county , and State highways.
114 NLRB-No. 123.
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were made directly outside the State of Tennessee. We find no merit
in this contention. The Employer's Tennessee operations are integral
parts of a multistate enterprise which ships products in excess of $250,-
000 in value to points outside the States in which its operations are
located. Accordingly, we find that the Employer is engaged in com-
merce within the meaning of the Act, and that it will effectuate the
policies of 'the Act to assert jurisdiction herein.2
2. The labor organization involved claims to represent certain 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 appropriate unit :
The Petitioner seeks to represent the production and maintenance
employees of the Employer's Tennessee quarries in a single unit. The
Employer contends that the employees of each quarry constitute sepa-
rate appropriate units. The parties agree that the employees of the
Smithland, Kentucky, plant should be excluded from any unit found
appropriate by the Board in this proceeding.
The 5 plants involved here are located, respectively, 15 miles east of
Nashville, Tennessee, 8 miles southeast of Nashville, 20 miles South
of Nashville, 5 miles west of Nashville, and 64 miles west of Nashville.
The Employer's general offices are located in Nashville , where it em-
ploys approximately 15 to 20 office employees. All sales records, pur-
chase records, and payroll records are consolidated at the Nashville
offices, although the individual quarries also maintain sets of their own
records. Payroll checks are made out at the Nashville office for all
employees. Each of the quarries is under the supervision of a super-
intendent, who does the hiring and discharging of employees. This
authority is exercised by them subject to the control of the president of
the Employer who takes an active interest in the operation of each
of the quarries. Although promotions may be initiated by the super-
intendents, they are put into effect only after consultation with the
president. Rates of pay are determined on an individual basis by
either the president or the general superintendent, who has supervisory
authority over all the quarries. There is considerable interchange of
employees from one quarry to another resulting both from personal
desires of employees and from production needs at a particular plant.
Generally speaking, the working conditions of the employees are simi-
lar at all the quarries. All of the employees are covered under the
2
Jonesboro Grain Drying Cooperative, 110 NLRB 481 . 485, wherein it is stated that
the Board will assert jurisdiction over a multistate enterprise which , inter alia, has a
total direct outflow from all of its operations in excess of $250 , 000 See also The Ransom
and Randolph Company, 110 NLRB 2204 As noted above, the Employer 's sales from
the Smithland, K'ntacky, quarry, Much amounted to $531,114 were predominantly inter-
state sales.
WHITMOYER LABORATORIES, INC. 749
same group insurance program. All of the Tennessee quarries pro-
duce generally the same kind of stone and use basically the same kind
,of equipment and machinery.
In view of the foregoing, and on the entire record, we find that the
five Tennessee quarries are operated on an integrated basis, and that
the employees of all quarries have substantial interests in common.'
Accordingly, we find that the following employees employed at the
Employer's Danley, Franklin, Rock Hill, Old Hickory, and Davidson
Road quarries constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act:
All production and maintenance employees, excluding office clerical
employees, professional employees, guards, and supervisors as defined
in the Act.
[Text of Direction of Election omitted from publication.]
5 See Texas Constractton Material Company, 114 NLRB 378
Whitmoyer Laboratories, Inc. and American Federation of Labor,
Petitioner . Case No. 1-RC-4131. October 28,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Thomas E. McDonald,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain 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. In accordance with the stipulation of the parties, we find that
the following employees constitute a unit appropriate for purposes of
collective bargaining within the meaning of Section 9 (b) of the
Act : All production and maintenance employees at the Employer's
Rockland, Maine, plant, excluding office clerical employees, guards,
professional employees, and supervisors as defined in the Act. How-
,ever, there is a question as to whether certain of the regular employees
are guards, and whether one employee, William Ryan, is a supervisor.
The Employer operates, on a seasonal basis, a fish byproducts proc-