76 N.L.R.B. 1240 (N.L.R.B. 1948)

Marblehead Lime Co.

National Labor Relations Board - Board DecisionsApr 8, 1948

76 N.L.R.B. 1240 (N.L.R.B. 1948)

In the Matter Of MARBLEHEAD LIME COMPANY, EMPLOYER and UNITED CEMENT, LIME & GYPSUM WORKERS INTERNATIONAL UNION9 AFL, PETITIONER Case No. 14-RC-94.-Decided April 8, 19.1.8 Mr. Mark E. Snyder, of Chicago, Ill., and Mr. Clarence Stolberg, of Hannibal, Mo., for the Employer. Mr. James Thorp, of Chicago, Ill., and Mr. Willis G. Baker, of Han- nibal, Mo., for the Petitioner. Mr. Jesse White, of Herrin, Ill., for the Intervenor. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Hannibal, Missouri, on January 28, 1948, before Ralph E. Kennedy, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed .11 Upon the entire record in the case, the National Labor Relations Board 2 makes the following: FINDINGS OF FACT I. THE BUSINESS OF TIZE EMPLOYER Marblehead Lime Company, a Delaware corporation, is engaged, at its Hannibal, Missouri, plant, in the quarrying of limestone and the manufacture of lime products. It purchases approximately $100,000 worth of raw materials annually for its plant at Hannibal, Missouri, 75 percent of which comes from outside the State of Missouri. More i The hearing officer limited the participation of the Intervenor , which is not in compli- ance with Sections 9 (f), (g), and ( li) of the Act , to a showing of its contractual interest. This ruling was erroneous Matter of American Chain and Cable Co., Case No 4-R-2752, issued February 17, 1948 . However , inasmuch as there was substantial agreement by the parties on all points except that of whether the Intervenor 's contract was a bar to the proceeding , the Intervenor was not piejudiced by the ruling. i Pursuant to the piovisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three -man panel, consisting of the undersigned Board Members [ Houston , Murdock, and Gray]. 76 N. L. R. B., No. 179. 1240 MARBLEHEAD LIME COMPANY 1241 than 90 percent of its finished products, valued at $200,000, is shipped to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. District 50, United Mine Workers of America, herein called the Intervenor, is a labor organization claiming to represent employees of the Employer. III. TIIE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. The Employer and the Intervenor contend that their collective bar- gaining agreement is a bar to this proceeding. That contract, which was executed on March 17, 1947, expired on February 23, 1948. It did not contain an automatic renewal clause. The petition herein was filed on December 11, 1947. We find that the expired contract does not preclude a present determination of representatives. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. TIIE APPROPRIATE UNIT We find, in substantial agreement with thQ parties, that all produc- tion and maintenance employees of the Employer's Hannibal, Missouri, plant, including the working maintenance foreman,3 but excluding the night watchman,4 the messenger-janitor, chemists and assistants, clerical employees, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3 The Employer sought to exclude and the Petitioner to include this working foreman. He spends SO to 90 peicent of his time doing production work , and the remainder of his time directing the work of four or five nien He is on the plant-wide seniority list as are the production and maintenance employees He has no authority to hire or discharge or to recommend such action We find that he is not a supervisor within the meaning of the Act, and that lie may properly be included within the unit. 4 The patties agreed to exclude the classification of night watchman from the unit. The present incumbent in this position sometimes works as it laborer , but there is no indication in the record of the proportion of time spent in this capacity . We shall exclude him. Matter of C V Hill it Company, Inc, 70 N L R. B. 158 1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Marblehead Lime Company, Hannibal, Missouri, 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations- Series 5, 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 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 rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by United Cement, Lime & Gypsum Workers International Union, AFL, for the purposes of collective bargaining.5 , The Intervenor's name may not be placed on the ballot inasmuch as it has not complied with Section 9 (f) and (h) of the Act, as amended . Matter of Rite-Form Corset Co., 75 N L. R. B. 174.