38 N.L.R.B. 172 (N.L.R.B. 1942)

Lone Star Cement Corp.

National Labor Relations Board - Board DecisionsJan 12, 1942

38 N.L.R.B. 172 (N.L.R.B. 1942)

In the Matter of LONE STAR CEMENT CORPORATION and UNITED CON- STRUCTION ' WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH C. I. O. Case No. R-3304 SUPPLEMENTAL DECISION AND AMENDMENT TO DECISION AND DIRECTION OF ELECTION January 12,194 On December 29, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled proceeding. On January 4, 1942, United Cement, Lime & Gypsum Workers, Lo- cal #95, herein called the United, filed a motion for rehearing and also requested that its designation be changed from Local 22100 to Local #95 in order to conform to the record. The Board has considered the motion for rehearing and the request for correction of the United's designation. The motion for rehearing is hereby denied and the request for correction is granted. The Board hereby amends its Decision and Direction of Election of December 29, 1941 , by striking therefrom the words "United Cement, Lime & Gypsum Workers, Local 22100," wherever it appears in the Decision and Direction of Election, and substitutes therefor the words "United Cement, Lime & Gypsum Workers, Local #95. 1 37 N. L R B 997. 38 N. L. R B., No. 44. 172 In the Matter of LONE STAR CEMENT CORPORATION and UNITED CON- STRUCTION WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE C..I.O. Case No. R-3304 CERTIFICATION OF REPRESENTATIVES February 6, 194. On December 29, 1941 , the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings .' On January 12, 1942, the Board issued a Supplemental Decision and Amendment to Decision and Direction of Election 2 Pursuant to the Direction of Election , as amended, an election by secret ballot was conducted on January 23, 1942, under the direction and supervision of the Regional Director for the Fifteenth Region (New Orleans , Louisiana ). On January 24, 1942, the Re- gional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results , the Regional Director reported as follows : Total on eligibility list--------------------------------------- 202 Total ballots cast------------------------------------------- 145 Total ballots challenged-------------------------------------- 0 Total blank ballots------------------------------------------ 0 Total void ballots------------------------------------------- 1 Total valid votes counted------------------------------------ 144 Votes cast for United Construction Workers Organizing Commit- tee, affiliated with C. I. 0---------------------------------- 115 Votes cast for United Cement, Lime & Gypsum Workers , Inter- national Union Local #95, affiliated with A. F. L----------- 26 Votes cast for no Union------------------------------------- 3 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 137N.L R B 997 138 N. L R. B. 172 38 N L. R. B., No. 44a. 173 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 49 Stat. 449 , and pursuant to Article III, Sections 8 and 9, of National Labor Relation Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Construction Workers Organiz- ing Committee, affiliated with the Congress of Industrial Organiza- tions, has been designated and selected by a majority of all employees at the New Orleans plant of Lone Star Cement Corporation , excluding foremen, supervisors in charge of all classes of labor, timekeepers, office employees, and technical employees in the plant or laboratory, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Construction Work- ers Organizing Committee, affiliated with the Congress of Industrial Organizations , is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment , and other conditions of employment.