Harden Mortgage Loan Co.

National Labor Relations Board - Board Decisions

Jun 28, 1948

78 N.L.R.B. 1 (N.L.R.B. 1948)

In the Matter of HARDEN MORTGAGE LOAN COMPANY, EMPLOYER and
UNITED CEMENT, LIME AND GYPSUM WORKERS INTERNATIONAL UNION
No. 254 (AFL)
Case No. 16-R-2352.-Decided June 28, 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 1 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 of representation exists 2 concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (a) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
*Chairman Herzog and Members Reynolds and Murdock
1 A stipulation dated May 13, 1948, entered into by the Employer, the Petitioner, and
Construction and Material Workers, Inc., is hereby approved and made a part of the
record in this case , together with certain exhibits referred to therein.
2 A 1-year contract between the Employer and the Construction Material Workers Asso-
ciation , Inc , executed July 8, 1946, and renewable in the absence of notice 60 days before
its termination, is no bar to this proceeding because the Petitioner, on April 29, 1947, re-
quested recognition of the Employer , and, on May 8, 1947, filed in the Regional Office a
letter requesting an investigation and certification and enclosing membership cards
evidencing the Petitioner's interest We regard this letter as a timely petition.
78 N. L. R. B., No. I.
1
798767-48-vol 78-1
2 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
All production and maintenance employees at the Employer's South-
ern Rock Asphalt Division, but excluding office and clerical employees,
professional and laboratory employees, and supervisors 3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, 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-Series 5, among the em-
ployees 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 of Election, including 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, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining by United Cement, Lime and Gypsum Workers
International Union No. 254 (AFL).
3 This exclusion covers the "conductor and weighmaster" as we find that he is a super-
visor.