L. W. Hayes, Inc.

National Labor Relations Board - Board Decisions

Nov 1, 1950

91 N.L.R.B. 1408 (N.L.R.B. 1950)

In the Matter of L. W. HAYES, INC., AND HAYES TRANSIT MIX, EM-
PLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, BUILDING MA-
TERIAL, EXCAVATING, HEAVY HAULERS, DRIVERS, HELPERS AND
WAREHOUSEMEN LOCAL 541, A. F. Or L., PETITIONER
Case No. 17-RC-769.-Decided November 1, 1950
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 Martin Sacks, hearing officer.
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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. L. W. Hayes, Inc., herein called the Corporation, is a Missouri
corporation with its principal office in Kansas City; Missouri, and
rock quarries in Bethany and St. Joseph, Missouri, and Paola, Kansas.
Employees at the Paola quarry are directly involved in this
proceeding.
The officers and directors of the Corporation are L. W. Hayes, presi-
dent; Myrtle Hayes, his wife, vice president; and Lee Reeder, secre-
tary-treasurer. Hayes owns the controlling, stock. During the year
ending July 31, 1949, the Corporation's total sales amounted to ap-
proximately $507,164, of «hich $260,969 represented sales of agri-
cultural lime for which the Agricultural Adjustment Administration,
an agency of the United States Government, paid the Corporation half .
the price of the lime sold and distributed to farmers in Kansas and
Missouri who paid the remainder of the sales price; and $218,949
represented sales of rock from its three quarries for use in Federal,
State,.and county roads in the two States.
Hayes Transit Mix, herein called. the Partnership, is a partnership
engaged in producing and selling ready-mix concrete in and around
Paola, Kansas. It obtains all of its rock for this purpose from the
91 NLRB No. 220.
1408
L. W. HAYES, INC., AND HAYES. TRANSIT MIX. 1409
Paola quarry of the Corporation. The partners are L. W. Hayes and
Charles Hayes, his son. Both are residents of Kansas, and each has a
50 percent interest in the Partnership. During the year ending
February 28, 1950, the partners purchased materials and supplies, con-
sisting principally of rock, cement, and sand in the amount of $40,827,
and sold concrete valued at $80,000. All sales were made within the
State of Kansas.
The Paola quarry of the Corporation and the concrete ready-mix
operation of the Partnership are located on the same site, about 400
feet apart. The concerns share office space in Paola. Their opera-
tions are integrated; their labor relations are in charge of the same
individual; and there is a constant interchange of employees at Paola.
Under these circumstances, we find that the Corporation and the Part-
nership constitute a single Employer within the meaning of Section
2 (2) of the Act.' We also find, contrary to the Employer's conten-
tion, that it is engaged in commerce within the meaning of the Act,
and that it would effectuate the purposes of the Act to assert jurisdic-
tion in this case.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 Petitioner seeks a single unit of production and maintenance
employees at the Employer's ready-mix concrete plant and rock quarry
at Paola, Kansas, including truck drivers, but excluding office and
clerical employees and supervisors. Although in substantial agree-
ment as to the categories of employees to be included within the unit,
the Employer contends that only separate units for employees, of
each concern are appropriate. There is no history of collective bar-
gaining for any of these employees.
The Partnership employs four truck drivers, and two batch men,
making a total of six production and maintenance employees. The
Corporation employs a mechanic, plant man and mechanic, shovel
operator, tractor operator, driller and powder man, two truck drivers
who carry the rock from the quarry to the crusher, and seven truck
drivers who move the rock from the crusher to bins and from bins to
the Employer's customers. The mechanics work on the trucks of both
concerns.
'National Hardware Corporation et al .,, 80 NLRB 368; Home Furniture Company,
77 NLRB 1437.
2 The Borden Company, Southern Divisions, 91 NLRB 628; Collins Bakery Company,
83 NLRB 599.
1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
These employees perform similar duties and possess essentially
comparable skills. They are all under the supervision of the same
supervisor who, from a single managing office, controls the operations
and personnel policies of both concerns. All employees are paid by
check of the Corporation, have the same starting and finishing time
and the same lunch hour, and punch the same time clock. Employees
originally employed at the Corporation quarry were later "promoted"
to the concrete ready-mix operation. These employees, however, are
transferred back to the quarry whenever concrete work is slack. All
truck drivers receive the same wage. Under these circumstances, we
find that a single unit of production and maintenance employees at
the Employer's ready-mix concrete plant and quarry constitute a
single unit appropriate for collective bargaining.3
We find that all production and maintenance employees at the Em-
ployer's Paola quarry and cement mix plant, including truck drivers,
but excluding office and clerical employees and supervisors, constitute
a unit appropriate for purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
5. Due to the cold weather in January and February, the Employer's
operations at its ready-mix plant and quarry are cut down. During
the other months in the year, its normal complement of employees
is 20. The Petitioner contends that all regular full- and part-time
employees should be eligible to vote in the election. The Employer
would restrict eligibility to 9 employees who have.worked part of each
week during the current calendar year. The record discloses that 11
other employees on the payroll had averaged 8 4/10 weeks' employ-
ment up to the time of the hearing; that these employees were paid at
rates comparable to those of full-time employees; and that they are
occupied with work which is performed by full-time employees.
Under these circumstances, we find that regular part-time employees
have a substantial interest in the selection of a bargaining representa-
tive and are eligible to vote with regular full-time employees in the
election.'
[Text of Direction of Election omitted from publication in this
volume.]
3 South Georgia Pecan Shelling Company, 85 NLRB 591.
4 The Kroger Company, 85 NLRB 6; Foremost Dairies, Inc., 80 NLRB 764.