Lone Star Cement Corp.

National Labor Relations Board - Board Decisions

Dec 29, 1941

37 N.L.R.B. 997 (N.L.R.B. 1941)

In the Matter of LONE STAR CEMENT CORPORATION and UNITED CON-
STRUCTION WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH
C. I. O.
Case No. R-3304.-Decided December 09, 1941
Jurisdiction : cement manufacturing industry.
Investigation and Certification of Representatives : existence of question. con-
flicting claims of rival representatives ; contract, terminated by person with
apparent authority before filing of petition, held no bar to, notwithstanding
subsequent denial of authority by the contracting union ; eligiblity to be deter-
mined by pay roll on agreed date ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the New Orleans
plant of the Company, excluding foremen, supervisors in charge of all classes
of labor, timekeepers, office employees, and technical employees in the plant or
laboratory ; agreement as to
Mr. A. Miles Coe and Mr. H. A. Sawyer, of New Orleans, La., for
the Company.
Mr. John Bouche, of New Orleans, La., for the Committee.
Ala., for the United.Mr. W. A. Pritchett, of Tarrant.
Cllr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF-THE CASE
On September 20, 1941, United Construction Workers Organizing
Committee, affiliated with C. I. 0., herein called the Committee, filed
with the Regional Director for the Fifteenth Region (Nev Orleans,
Louisiana) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Lone Star
Cement-Corporation, New Orleans, Louisiana, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant'to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On Nevember 7, 1941, the Na-
tional Labor Relations Board, herein called the Board, acting pursu-
ant to Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
:37NLRB.,No169
997
42E257-42-vor. :37--64
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon clue notice.
On November 17, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Committee, and upon United Cement, Line & Gypsum Workers,
Local 22100, herein called the United, a labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held on November 19, 1941, at New
Orleans, Louisiana, before C. Paul Barker, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the Com-
Inittee, and the United were represented and participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was af-
forded all parties. During the course of the hearing the Trial Exam-
iner made several rulings on motions and on objections to the adinis-
sion of evidence. The Board has reviewed these rulings and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
'Upon the entire record in the case, the Board snakes the following:
FINDINGS OF FAOT
1. THE BUSINESS OF THE COMPANY
Lone Star Cement Corporation is a Maine corporation engaged
in the manufacture and sale of cement in eight States . This proceed-
ing involves its plant at New Orleans, Louisiana. During 1940 the
Company purchased 425,000 tons of limestone, 8,381 tons of gypsum,
8,728 tons of sand, and 527 tons of pyrites from points outside the
State of Louisiana for use at its New Orleans plant. The Company
produces approximately 1,700,000 barrels of cement annually, about
23 per cent of which is shipped by it from its New Orleans plant to,
points outside the State of Louisiana. The Company admits, for the
purposes' of this proceeding, that it is engaged in commerce within
the meaning , of the Act.
II. THE ORGANIZATIONS INVOLVED
United Construction Workers Organizing Committee is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees at the New Orleans plant of the
Company.
United Cement, Lime & Gypsum Workers, Local No. 22100, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees at the New Orleans plant of the
Company.
LONE STAR CEMENT CORPORATION 999
Ili. THE Q1JEST'ION CONCERNING REPRESENTATION
On September 29, 1939, the Company and the United entered into
a 1-year exclusive bargaining contract. This contract provided that
it was renewable thereafter from year to year unless 60-day notice
was given by either party thereto of a desire to terminate it. Such
notice was given on July 2, 1941, at which time the chairman of the
United local notified the Company that the United desired to termi-
nate the contract and that a new contract would be submitted in
September 1941. The petition herein was filed' by the Committee on
September 20, 1941. On October 7, 1941, the vice president of the
United's international office notified the Company that'the letter of
July 2, 1941, was written without authority and that it wished the
Company to disregard said letter., The United contends that- its
contract with the Company constitutes a bar to a present determina-
tion of representatives and urges the dismissal of the petition herein.
Since notice of a desire to terminate was-given by a' person with ap-
parent authority to act for the United within the limitation period
of the contract and since the 'Company's employees acting through
another labor organization filed the petition herein before any at-'
tempt was made by the United to disavow the notice, we are of the
opinion that whether or not the contract was subsequently renewed
the situation on the date of the petition was not such that the con-
tract could be pleaded in bar of a present determination of represen-
tatives and we so find.
A statement of the Regional Director, introduced in' evidence at
the hearing, shows that the Committee represents it substantial num
her of employees in the alleged appropriate unit.'
We find that a question'has arisen concerning the repres'e'ntation
of employees of the Company.
II'. THE EFFECT OF TILE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, 'and commerce among the several States
and tends to lead to labor, disputes burdening and obstrticting com-
merce and the free flow of commnerce. - '
'A representative of the, United testified at the healing that at the present time the
United has no paid up members at the New Orleans plant of the Company
2 The Regional Director reported that the Committee presented 150 membeiship applica-
tion cards to him bearing the names of persons who appear on the Company ' s pay roll of
October 11, 1941 There are appioxnnately 191) employees on this pay roll - The Reional
Dnector further reported that no infoimation as to -the United's membership among the
employees was available
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The Committee and the United are in agreement that all employees
at the New Orleans plant of the Company, excluding foremen, super-
visors in charge of all classes of labor, timekeepers, office employ-
ees, and technical employees in the plant or laboratory, constitute
an appropriate unit.' The Company took no position with respect
to the unit.
We find that all employees at the New Orleans plant of the Com-
pany, excluding foremen, supervisors in charge of all classes of labor,
timekeepers, office employees, and technical employees in the plant
or laboratory, constitute a unit appropriate for the purposes of col-
lective bargaining and that said unit will insure to employees, of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise will effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. All the parties agreed at the hearing that in the event the
Board directed an election, eligibility to vote should be determined
by the Company's pay roll of October 11, 1941. Since that pay roll
has been prepared and is in evidence, we shall direct that those
eligible to vote in the election shall be the employees within the
appropriate unit who were employed during the pay-roll period
ending October 11, 1941, subject to the limitations and additions set
forth in the Direction of Election, herein.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Lone Star Cement Corporation, New
Orleans, Louisiana, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees at the New Orleans plant of the Company, ex-
cluding foremen, supervisors in charge of all classes of labor, time-
keepers, office employees, and technical employees in the plant or
laboratory, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
'This is substantially the same unit as is covered by the contract between the Company
and the United. • .
LONE STAR CEMENT CORPORATION 1001
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Lone Star Cement Corporation, New Orleans, Louisiana, 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
Fifteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of
said Rules and Regulations, among all employees at the New Orleans
plant of the Company who were employed during the pay-roll period
ending October 11, 1941, including employees who did not work
during such pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding foremen, supervisors in charge of
all classes of labor, timekeepers, office employees, technical employees
in the plant or laboratory, and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by United Construction Workers Organizing Committee, affili-
ated with the Congress of Industrial Organizations, or by United
Cement, Lime & Gypsum Workers, Local No. 22100, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.