Lehigh Portland Cement Co.

National Labor Relations Board - Board Decisions

Aug 31, 1942

43 N.L.R.B. 842 (N.L.R.B. 1942)

In the Matter of LEHIGH PORTLAND CEMENT COMPANY AND INLAND
PORTLAND CEMENT COMPANY and METALINE FALLS CEMENT WORKERS
UNION, LOCAL 602, INTERNATIONAL UNION OF MINE, MILL & SMELTER
WORKERS, C. I. O.
Case No. R-4122.-Decided August ,31, 1940
Jurisdiction : cement manufacturing and packing, and hydro-electric power pro-
duction industries.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition; contract which had expired by reason
of notice given by contracting union before automatic-renewal date, held no
'bar; election necessary.
Unit Appropriate for Collective Bargaining : all production, maintenance, and
service employees of the Companies, including quarry, power house, and
Spokane packing employees, but excluding clerical, office, supervisory, and
technical employees ; stipulation as to.
Mr. A. I. Delaufj, of Metaline Falls , Wash., for the Companies.
Mr. Ora L. Wilson, of Spokane, Wash., for Local 602.
Mr. J. C. Forest, of Seattle , Wash., for Local 42.
Mr. Louis Cokin , of Counsel to the Board.
DECISION
AND
DIRECTION • OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition' duly filed by Metaline Falls
Cement ' Workers Union, Local 602, International Union of Mine,
Mill & Smelter Workers, C. I. 0., herein called Local 602, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Lehigh Portland Cement- Company and Inland
Portland Cement Company, Metaline Falls, Washington, herein col-
lectively called the Companies, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Daniel
R. Dimick, Trial Examiner. Said hearing was held at Metaline
,Falls, Washington, on August 6, 1942. The Company, Local 602,
and Local 42, United Cement, Lime and Gypsum Workers, Inter-
national Union, A. F. 'of L., herein called Local 42, appeared, par-
43 N. L. R. B., No. 136. -
842
LEHIGH PORTLAND CEMENT COMPANY 843,
ticipated, 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 and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Lehigh Portland Cement Company is a Pennsylvania corporation
with its principal office at Allentown, Pennsylvania. We are here
concerned with its plants at Metaline Falls, and Spokane, Washing-
ton, where it is engaged in the manufacture and packing of cement.
During 1940 the Lehigh Company purchased coal and gypsum valued
at "about $265,000, all of which passes through States other than Wash-
ington en-route to the Metaline Falls plant. About 50 percent of all
materials shipped from the Metaline Falls plant are shipped outside
the State of Washington. The Lehigh Company admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
Inland Portland Cement Company is a Washington corporation
with its principal office at Spokane, Washington. It is engaged in
the production of hydroelectric power at Metaline Falls, Washington.
It sells approximately 75 percent of its output to the Lehigh Com-
pany and the remainder to 112etaline Falls Light and Water Company.
The Inland Company admits that it is engaged in commerce within
the meaning of the Act.
The Lehigh Company owns the controlling interest in the Inland
Company. The Companies are under the same management, and
employees of the Inland Company are carried on the Lehigh Com-
pany's pay roll and,are paid by the latter concern.
H. THE ORGANIZATIONS INVOLVED
Metaline Falls Cement Workers Union, Local 602, International
Union of Mine, Mill & Smelter Workers, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Companies.
Local 42, United Cement, Lime and Gypsum Workers, International
Union, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
On May 7, 1942, Local 602, claiming, to represent a majority of
the employees of the Companies, requested a conference for collective
844 DECISIONS' OF NATIONAL LABOR RELATIONS - BOARD_
bargaining, purposes. The Companies refused this request stating
that they were operating under a contract with Local 42.
On June 1, 1941, Local 42 and the Companies entered into an ex-
clusive contract. The contract provided that it should continue in
effect until May 1, 1942, and from year to year thereafter unless 60
days' notice was given by either party thereto prior to any expiration
date. It further provided that such notice "shall contain any changes
or amendments desired ..." Local 42 contends that the petition
should be dismissed inasmuch as it's contract with the Companies is
still in full force and effect.
During February 1942 Local 42 wrote to the Companies requesting
that thirteen specific amendments be made in its agreement with the
Companies. However, before the Companies would negotiate with
Local 42 with respect to the requested amendments, the Companies
demanded proof of Local 42's continuing majority representation.
We find,that the contract between Local 42 and the Companies is
not a bar to a present determination of representatives.
A statement of a. Field Examiner of the Board, introduced into
evidence during the hearing, indicates that Local 602 and Local 42
each represents a substantial number of employees in the'unit here-
inafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
iiig 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
production, maintenance, and, service employees of the Companies,
including quarry, power house, and Spokane packing employees, but
excluding clerical, office, supervisory, and technical employees, consti-
tute 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 an. election by secret ballot among the
employees in the appropriate unit who were employed during the
1 The Field Examiner reported that Local 602 presented 47, membership application
cards bearing apparently genuine signatures of persons whose names appeared on the
Companies' pay roll 'of May 15, 1942 , He further reported that Local 42 ' presented 53
membership application cards or dues record cards bearing apparently genuine signatures
of persons whose names appeared on the Companies' pay roll of May 15, 1942 . There are
approximately 94 employees in the unit hereinafter found to be appropriate.
LEHIGH PORTLAND CEMENT COMPANY 845
pay-roll period immediately preceding the date of the Direction of
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations -Board Rules and Regulations-Series 2,
as amended, it is hereby
Dipxcm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lehigh Portland
Cement1' Company and Inland Portland Cement Company, Metaline
Falls, Washington, 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, under the direction and supervision of the Regional
Director for the Nineteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, 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 any such employees who did not work during
said pay-roll period because they were ill or on, vacation or in the
active military service or training of the United States, or tempo-
rarily laid off, but excluding any who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Metaline Falls Cement Workers Union, Local 602, Inter-
national Union of Mine, Mill & Smelter Workers, affiliated with the
Congress of Industrial Organizations, or by Local 42, United Cement,
Lime and Gypsum Workers, International Union, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN Maass took no part in the consideration of the above
Decision and Direction of Election.