Monon Stone Co.

National Labor Relations Board - Board Decisions

Feb 3, 1939

11 N.L.R.B. 14 (N.L.R.B. 1939)

In the Matter Of MONON STONE COMPANY and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter Of INDIANA LIMESTONE COPPORATION and QIIA4mY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of HOADLEY BROTHERS STONE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter Of INGALLS STONE COMPANY and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of LUCERNE VALLEY ENGINEERING Co. and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of HUNTER BROTHERS STONE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of B . G. HOADLEY QUARRIES, INC. and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of WOOLERY BROTHERS STONE Co. and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of CARL FURST STONE COMPANY and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter Of INDEPENDENT LIMESTONE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of BLOOMINGTON LIMESTONE CORP . and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of SHAWNEE STONE COMPANY and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter Of VICTOR OOLITIC STONE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of REED-POWERS CUT STONE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of HELTONVILLE LIMESTONE COMPANY and QUARRY
WORKERS' INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of WALLIS STONE COMPANY and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
In the Matter of EMPIRE STONE COMPANY and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
11 N. L. R. B., No. 5.
14
MONON STONE COMPANY ET AL. 15
In the Matter of SARE-HOADLEY STONE Co. and QUARRY WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA
Cases Nos. R-773 to R-790, inclusive, respectively
THIRD AMENDMENT TO DIRECTION OF ELECTIONS
February 3, 1939
On December 2, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision and' Direction of Elections 1 in
the above-entitled matter. On. December 19, 1938, the Board issued
an Amendment to Direction of Elections,2 postponing the holding of
the elections until "such time as the Board may in the future direct"
for the purpose of hearing argument on motions filed by Federal
Unions No. 21469 and No. 21471, herein called the Federal Unions.
Argument was heard before the Board at Washington, D. C. on
January 12, 1939. On January 21, 1939, the Board issued its Supple-
mental Decision and Second Amendment to Direction of Elections 8
directing that the elections be held by secret ballot "on or before
February 10, 1939."
It having come to the Board's attention that the respective affilia-
tion of the two labor organizations participating in the elections
was omitted from the Direction of Elections, as amended, the Board
hereby amends its Direction of Elections, as amended, by inserting
the words "affiliated with the American Federation of Labor" after
the words "Federal Unions No. 21469 and No. 21471" wherever they
appear in said Direction, and by inserting the words "affiliated with
the Committee for. Industrial Organization" after the words "Quarry
Workers' International Union of North America," wherever they
appear in said Direction.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Third Amendment to Direction of Elections.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
March 31, 1939
On December 2, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled cases. On December 19, 1938, the Board issued an
Amendment to Direction of Elections ; on January 21, 1939, a Sup-
plemental Decision and Second Amendment to Direction of Elec-
tions; and on February 3, 1939, a Third Amendment to Direction
'ION L R. B. 64
210 N. L. R. B. 78.
810 N. L. R B. 79.
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Elections. The Direction of Elections, as amended, directed that
an election by secret ballot be conducted on or before February 10,
1939, under the direction and supervision of the Regional Director
for the Eleventh Region :
(1) Among the employees of the 14 companies listed in Ap-
pendix A, engaged in and about the quarries, excluding black-
smiths, machinists, clerical and supervisory employees, and craft
employees who have been or are represented by the Inter-
national Brotherhood of Blacksmiths, Drop Forgers, and Help-
ers, Local No. 59, the International Association of Machinists,
the International Association of Operating Engineers, Journey-
men, Stone Cutters Association of North America, and the In-
ternational Association of Marble, Stone and Slate Polishers,
Rubbers and Sawyers, Tile and Marble Setters Helpers, and
Terrazzo Workers Helpers, to determine whether they desired to
be represented by Quarry Workers International Union of North
America, affiliated with the Committee for Industrial Organiza-
tion, or by Federal Unions No. 21469 and No. 21471, affiliated
with the American Federation of Labor, for the purposes of col-
lective bargaining, or by neither. For the purpose of this
election an employee is hereby defined as one who has worked
for 60 or more days for any or all of the companies listed in Ap-
pendix A and Appendix B, provided that he has worked for one
or more or all of the companies listed in Appendix A an amount
of time greater in the aggregate than the amount of time that he
has worked for any of the companies listed in Appendix B.
(2) Among all the employees of the Heltonville Limestone
Company engaged in and about the quarries, excluding black-
smiths, machinists, clerical and supervisory employees, and craft
employees who have been or are represented by the International
Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local
No. 59, the International Association of Machinists, the Inter-
national Association of Operating Engineers, Journeymen, Stone
Cutters Association of North America, and the International As-
sociation of Marble, Stone and Slate Polishers, Rubbers and Saw-
yers, Tile and Marble Setters Helpers, and Terrazzo Workers
Helpers, to determine whether they desire to be represented by
Quarry Workers International Union of North America, affiliated
with the Committee for Industrial Organization, or by Federal
Unions No. 21469 and No. 21471, affiliated with the American
Federation of Labor, for the purposes of collective bargaining,
or by neither. For the purpose of this election an employee is
hereby defined as one who has worked for 60 or more days
for any or all of the companies listed in Appendix A and Ap-
pendix B, provided that he has worked for a longer period for
Heltonville Limestone Company than for any one of the other
MONON STONE COMPANY ET AL. 17
companies listed in Appendix B, and for a longer period than
for all 14 companies listed in Appendix A combined.
(3) Among the employees of the Reed-Powers Cut Stone
Company engaged in and about the quarries excluding black-
smiths, machinists, clerical and supervisory employees, and craft
employees who have been or are represented by the International
Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local
No. 59, the International Association of Machinists, the Inter-
national Association of Operating Engineers, Journeymen, Stone
Cutters Association of North America, and the International
Association of Marble, Stone and Slate Polishers, Rubbers and
Sawyers, Tile and Marble Setters- Helpers, and Terrazzo Work-
ers Helpers, .to determine whether they desired to be represented
by Quarry Workers International Union of North America, af-
filiated with the Committee for Industrial Organization, or by
Federal Unions No. 21469 and No. 21471, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining, or by neither. For the purpose of this election an
employee is hereby defined as one who has worked for 60 or more
days for any or all of the companies listed in Appendix A and
Appendix B, provided that he has worked for a longer period
for Reed-Powers Cut Stone Company than for any one of the
other companies listed in Appendix B, and for a longer period
than for all 14 companies listed in Appendix A combined.
(4) Among all of the employees of Hunter Brothers Stone
Company engaged in and about the quarries, excluding black-
smiths, machinists, clerical and supervisory employees, and craft
employees who have been or are represented by the International
Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local
No. 59, the International Association of Machinists, the Inter-
national Association of Operating Engineers, Journeymen, Stone
Cutters Association of North America, and the International
Association of Marble, Stone and Slate Polishers, Rubbers and
Sawyers, Tile and Marble Setters Helpers, and Terrazzo Work-
ers Helpers, to determine whether they desired to be represented
by Quarry Workers International Union of North America,
affiliated with the Committee for Industrial Organization, or
by Federal Unions No. 21469 and No. 21471, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining, or by neither. For the purpose of this election
an employee is hereby defined as one who has worked for 60
or more days for any or all of the companies listed in Appendix
A and Appendix B, provided that he has worked for a longer
period for Hunter Brothers Stone Company than for any one
of the other companies listed in Appendix B and for a longer
period than for all 14 companies listed in Appendix A combined.
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(5) Among the employees of Hoadley Brothers Stone Com-
pany engaged in and about the quarries, excluding blacksmiths,
machinists, clerical and supervisory employees, and craft em-
ployees who have been or are represented by the International
Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local
No. 59, the International Association of Machinists, the Inter-
national Association of Operating Engineers, Journeymen, Stone
Cutters Association of North America, and the International
Association of Marble, Stone and Slate Polishers, Rubbers and
Sawyers, Tile and Marble Setters Helpers, and Terrazzo Work-
ers Helpers, to determine whether they desired to be repre-
sented by Quarry Workers International Union of North Amer-
ica, affiliated with the Committee for Industrial Organization,
or by Federal Unions No. 21469 and No. 21471, affiliated with
the American Federation of Labor, for the purposes of collec-
tive bargaining, or by neither. For the purpose of this election
an employee is hereby defined as one who has worked for 60 or
more days for any or all of the companies listed in Appendix A
and Appendix B, provided that he has worked for a longer
period for Hoadley Brothers Stone Company than for any one
of the other companies listed in Appendix B and for a longer
period than for all 14 companies listed in Appendix A combined.
Pursuant to the Direction, as amended, elections by secret ballot
were conducted under the direction and supervision of the Regional
Director for the Eleventh Region (Indianapolis, Indiana). Full
opportunity was accorded to all parties to this investigation to
participate in the conduct of the secret ballot and to make chal-
lenges. On February 13, 1939, said Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon all the parties an Intermediate Report upon the secret ballot.
As to the balloting and its results, the Regional Director reported
as follows :
(1) The 14 Companies Listed in Appendix A :
Total Number of Employees Alleged Eligible to Vote____ 634
Total Number of Employees Voted_____________________ 602
Total Number of Valid Votes Cast_____________________ 599
Total Number of Votes for Quarry Workers Interna-
tional Union of North America, affiliated with the
C. I. 0--------------------------------------------- 181
Total Number of Votes for American Federation of
Labor , Federal Unions No. 21469 and No. 21471 ----- 415
Total Number of Votes for Neither Organization--------- 3
Total Number of Blank Ballots_______________________ 0
Total Number of Void Ballots_________________________ 0
Total Number of Challenged Ballots______ _____________ 3
MONON STONE COMPANY ET AL.- 19
(2) Hoadley Brothers Stone Company:
Total Number of Employees Alleged Eligible to Vote__ 12
Total Number of Employees Voted_____________________ 12
Total Number of Valid Votes Cast____________________ 12
Total Number of Votes for Quarry Workers Interna-
tional Union of North America, affiliated with the
C. I. 0--------------------------------------------- 1
Total Number of Votes for American Federation of
Labor, Federal Unions No. 21469 and No. 21471______ 11
Total Number of Votes for Neither Organization-----___ 0
Total Number of Blank Ballots_______________________ 0
Total Number of Void Ballots________________________ 0
Total Number of Challenged Ballots__________________ 0
(3) Reed-Powers Cut Stone Company:
Total Number of Employees Alleged Eligible to Vote --- 27
Total Number of Employees Voted_____________________ 25
Total Number of Valid Votes Cast_____________________ 24
Total Number of Votes for Quarry Workers International
Union of North America, affiliated with the C. I. O___ 2
Total Number of Votes for American Federation of
Labor, Federal Unions No. 21469 and No. 21471 ------- 21
Total Number of Votes for Neither Organization-___-_-_ 1
Total Number of Blank Ballots________________________ 0
Total Number of Void Ballots_________________________ 0
Total Number of Challenged Ballots___________________ 1
(4) Heltonville Limestone Company:
Total Number of Employees Alleged Eligible to Vote ---- 59
Total Number of Employees Voted_____________________ 58
Total Number of Valid Votes Cast_____________________ 57
Total Number of Votes for Quarry Workers International
Union of North America, affiliated with the C. I. O___ 0
Total Number of Votes for American Federation of
Labor, Federal Unions No. 21469 and No. 21471 ------ 56
Total Number of Votes for Neither Organization--__-___ 1
Total Number of Blank Ballots________________________ 0
Total Number of Void Ballots_________________________ 0
Total Number of Challenged Ballots____________________ 1
(5) Hunter Brothers Stone Company:
Total Number of Employees Alleged Eligible to Vote ---- 31
Total Number of Employees Voted_____________________ 30
Total Number of Valid Votes Cast_____________________ 30
Total Number of Votes for Quarry Workers International
Union of North America, affiliated with the C. I. O__- 2
Total Number of Votes for American Federation of Labor,
Federal Unions No. 21469 and No. 21471______________ 28
Total Number of Votes for Neither Organization---____- 0
Total Number of Blank Ballots________________________ 0
Total Number of Void Ballots__________________________ 0
Total Number of Challenged Ballots____________________ 0
On February 24, 1939, Quarry Workers International Union of
North America filed with the Regional Director "objections to the
conduct of the ballot, exceptions to the Intermediate Report, and
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
petitions for new elections." Thereafter the Regional Director re-
ported to the Board that the Quarry Workers International Union
of North America had presented no evidence to support its objec-
tions and exceptions and that in the absence of such evidence he
did not consider that the exceptions and objections raised a substantial
and material issue with respect to the conduct of the ballot. Al-
though afforded ample time and opportunity to present evidence to
support its exceptions and objections, Quarry Workers International
Union of North America has not done so. Therefore, the Board
is also of the opinion that the exceptions and objections do not raise
a substantial and material issue with respect to the conduct of the
ballot.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and
No. 21471, affiliated with the American Federation of Labor, have
been designated and selected by a majority of all of the employees
of the 14 companies named in Appendix A, excluding blacksmiths,
machinists, clerical and supervisory employees, and craft employees
who have been or are represented by the International Brotherhood of
Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the Inter-
national Association of Machinists, the International Association of
Operating Engineers, Journeymen, Stone Cutters Association of
North America, and the International Association of Marble, Stone
and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters
Helpers, and Terrazzo Workers Helpers, as their representatives for
the purposes of collective bargaining and that pursuant to the pro-
visions of Section 9 (a) of the Act Federal Labor Unions No. 21469
and No. 21471, affiliated with the American Federation of Labor, are
the exclusive representatives of all such employees for the purposes
of collective bargaining in respect to wages, rates of pay, hours of
work, and other conditions of employment.
IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and
No. 21471, affiliated with the American Federation of Labor have
been designated and selected by a majority of all the employees of
Heltonville Limestone Company, excluding blacksmiths, machinists,
clerical and supervisory employees, and craft employees who have
been or are represented by the International Brotherhood of Black-
smiths, Drop Forgers, and Helpers, Local. No. 59, the International
Association of Machinists, the International Association of Oper-
ating Engineers, Journeymen, Stone Cutters Association of North
America, and the International Association of Marble, Stone and
MONON STONE COMPANY ET AL. 21
Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Help-
ers, and Terrazzo Workers Helpers, as their representatives for the
purposes of collective bargaining and that pursuant to the provisions
of Section 9 (a) of the Act Federal Labor Unions No. 21469 and No.
21471, affiliated with the American Federation of Labor, are the
exclusive representatives of all such employees for the purposes of
collective bargaining in respect to wages, rates of pay, hours of work,
and other conditions of employment.
IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and
No. 21471, affiliated with the American Federation of Labor have
been designated and selected by a majority of all the employees of
Reed-Powers Cut Stone Company, excluding blacksmiths, machinists,
clerical and supervisory employees, and craft employees who have
been or are represented by the International Brotherhood of Black-
smiths, Drop Forgers, and Helpers, Local No. 59, the International
Association of Machinists, the International Association of Operating
Engineers, Journeymen, Stone Cutters Association of North America,
and the International Association of Marble, Stone and Slate Pol-
ishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and
Terrazzo Workers Helpers, as their representatives for the purposes
of collective bargaining and that pursuant to the provisions of Sec-
tion 9 (a) of the Act Federal Labor Unions No. 21469 and No. 21471,
affiliated with the American Federation of Labor, are the exclusive
representatives of all such employees for the purposes of collective
bargaining in respect to wages, rates of pay, hours of work, and
other conditions of employment.
IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and
No. 21471, affiliated with the American Federation of Labor, have
been designated and selected by a majority of all the employees of
Hunter Brothers Stone Company, excluding blacksmiths, machinists,
clerical and supervisory employees, and craft employees who have been
or are represented by the International Brotherhood of Blacksmiths,
Drop Forgers, and Helpers, Local No. 59, the International Associa-
tion of Machinists, the International Association of Operating Engi-
neers, Journeymen, Stone Cutters Association of North America, and
the International Association of Marble, Stone and Slate Polishers,
Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo
Workers Helpers, as their representatives for the purposes of collec-
tive bargaining and that pursuant to the provisions of Section 9 (a) of
the Act Federal Labor Unions No. 21469 and No. 21471, affiliated with
the American Federation of Labor, are the exclusive representatives
of all such employees for the purposes of collective bargaining in
respect to wages, rates of pay, hours of work, and other conditions
of employment.
164273-39-von xi--3
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and
No. 21471, affiliated with the American Federation of Labor, have
been designated and selected by a majority of all the employees of
Hoadley Brothers Stone Company, excluding blacksmiths, machin-
ists, clerical and supervisory employees, and craft employees who
have been or are represented by the International Brotherhood of
Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the Interna-
tional Association of Machinists, the International Association of
Operating Engineers, Journeymen, Stone Cutters Association of
North America, and the International Association of Marble, Stone
and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters
Helpers, and Terrazzo Workers Helpers, as their representatives for
the purposes of collective bargaining and that pursuant to the provi-
sions of Section 9 (a) of the Act Federal Labor Unions No. 21469 and
No. 21471, affiliated with the American Federation of Labor, are the
exclusive representatives of all such employees for the purposes of
collective bargaining in respect to wages, rates of pay, hours of work,
and other conditions of employment.
APPENDIX A
Monon Stone Company Independent Limestone Company
Indiana Limestone Corporation Bloomington Limestone Corpora-
Ingalls Stone Company tion
Lucerne Valley Engineering Com- Shawnee Stone Company
pany Victor Oolitic Stone Company
B. G. Hoadley Quarries, Inc. Wallis Stone Company
Woolery Brothers Stone Company Empire Stone Company
Carl Furst Stone Company Sare-Hoadley Stone Company
APPENDIX B
Hoadley Brothers Stone Company Ileltonville Limestone Company
Reed-Powers Cut Stone Company Hunter Brothers Stone Company
11 N. L. R. B., No. 5a.