137 N.L.R.B. 761 (N.L.R.B. 1962)

Monon Stone Co.

National Labor Relations Board - Board DecisionsJun 25, 1962

137 N.L.R.B. 761 (N.L.R.B. 1962)

MONON STONE COMPANY 761 Monon Stone Company and Quarry Workers' International Union of North America,-International Hod Carriers' Building and Common Laborers ' Union of America and Dimensional Stone Quarry Workers Local 909-successor Indiana Limestone Corporation and Quarry Workers' Interna- tional Union of North America,-International Hod Carriers' Building and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Hoadley Brothers Stone Company and Quarry Workers' Inter- national Union of North America,-International Hod Carri- ers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Ingalls Stone Company and Quarry Workers' International Union of North America-International Hod Carriers' Build- ing and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Lucerne Valley Engineering Co. and Quarry Workers' Inter- national Union of North America,-International Hod Carri- ers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Hunter Brothers Stone Company and Quarry Workers' Inter- national Union of North America-International Hod Carri- ers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor B. G. Hoadley Quarries, Inc. and Quarry Workers' International Union of North America-International Hod Carriers' Build- ing and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Woolery Brothers Stone Co. and Quarry Workers ' International Union of North America-International Hod Carriers ' Build- ing and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Carl Furst Stone Company and Quarry Workers ' International Union of North America,-International Hod Carriers' Build- ing and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Independent Limestone Company and Quarry Workers' Inter- national Union of North America-International Hod Carri- ers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Bloomington Limestone Corp. and Quarry Workers' Interna- national Union of North America-International Hod Carri- 137 NLRB No. 89. 762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Shawnee Stone Company and Quarry Workers' International Union of North America,-International Hod Carriers' Build- ing and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Victor Oolitic Stone Company and Quarry Workers' Interna- tional Union of North America,-International Hod Carriers' Building and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Reed-Powers Cut Stone Company and Quarry Workers' Inter- national Union of North America-International Hod Carri- ers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Heltonville Limestone Company and Quarry Workers' Interna- tional Union of North America,-International Hod Carriers' Building and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Wallis Stone Company and Quarry Workers' International Union of North America-International Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909-successor Empire Stone Company and Quarry Workers' International Union of North America-International Hod Carriers ' Build- ing and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor Sare-Hoadley Stone Company and Quarry Workers' Interna- tional Union of North America-International Hod Carriers' Building and Common Laborers' Union of America and Dimen- sional Stone Quarry Workers Local 909-successor and International Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909 and Bennetts Stone Company International Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909 and Midwest Quarries, Inc. International Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909 and Texas Quarries MONON STONE COMPANY 763 International Hod Carriers ' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909 and McNeely Stone Company International Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909 and Paul Smith Stone Company. Cases Nos. R-773, R-774, R-775, R-776, R-777, R-778, R-779, R-780, R-781, R-782, R-783, R-784, R-785, R-786, R-787, R-788, R-789, and R-790, and New Companies. June 25, 1962 SUPPLEMENTAL DECISION AND ORDER Following elections conducted pursuant to a Decision and Direction of Elections of the Board,' Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, were certified on March 31, 1939, in Cases Nos. R-773 through R-790, as the collective-bargaining representatives of the quarry employees in a multiemployer unit of 14 employers and in 4 separate single-employer units' Thereafter, under date of November 3,1961, Quarry Workers' International Union of North America,-Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909, hereinafter called Local 909, filed with the Board a motion to amend certifications, requesting that the certi- fications issued in these cases be amended to show that the name of the bargaining representative had been changed to Quarry Workers' International Union of North America,-International Hod Carriers' Building and Common Laborers' Union of America and Dimensional Stone Quarry Workers Local 909. On December 18, 1961, a group of the Employers 3 filed a brief in opposition to the motion to amend. On January 17,1962, International Hod Carriers' Building and Com- mon Laborers' Union of America and Dimensional Stone Quarry Workers Local 926, alleging Local 926 to be the successor to Federal Labor Union No. 21471, moved that Local 926 be made a patty in the pending motion to amend and transfer certification. On the same date the Hod Carriers' and Locals 909 and 926 filed motions to (1) 110 NLRB 64. 3 See 11 NLRB 14 . Excluded from each of the respective units were blacksmiths, ma- chinists , 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 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 3 B. G. Hoadley Quarries , Inc. ; Woolery Brothers Stone Co. ; Carl Furst Stone Com- pany ; Independent Limestone Company ; Bloomington Limestone Corp ; Victor Oolitic Stone Company ; Empire Stone Company ; Bennetts Stone Company ; Midwest Stone Com- pany ; Texas Quarries ; McNeely Stone Company ; and Edwin Bennett Stone Company. 764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD zlismiss motion to amend and transfer certification with respect to certain companies on the ground that they are no longer in- exist- ence,4 (2) dismiss motion to amend and transfer certification with respect to certain other companies on the ground that they came into ,existence after the original certifications and no certifications have been issued with respect to them,' and (3) immediately transfer certifications of nonobjecting companies.' Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Fanning and Brown]. In support of its motion to amend and transfer certifications, Local 909 alleges in substance that (1) pursuant to a secret ballot election on June 1, 1961, employee members of Federal Labor Unions No. 21469 and No. 21471 voted to transfer their applications, property, officers, and members to Local 909; (2) all officers, books, and members of Federal Labor Unions No. 21469 and No. 21471 were transferred to the custody and control of Local 909 on June 8, 1961, and on July 3, 1961, Local 909 filed application for charter membership in the Inter- national Hod Carriers' Building and Common Laborers' Union of America, which was issued on July 12, 1961; (3) since the date of said change of affiliations, the Indiana Limestone Institute, the negotiating bargaining agent for a multiemployer group of the stone companies, and the independent stone companies have negotiated with Local 909 on July 17 and August 10, 1961; (4) all of said companies have been observing the wage rates, working conditions, and grievance pro- cedures contained in the collective-bargaining agreement executed on August 8, 1960, between the Employers and the Federal Labor Unions; and (5) all property, assets, members, and officers of Federal Labor Unions No. 21469 and No. 21471 have been since June 8, 1961, and are now the property of Local 909. In their brief in opposition to the motion to amend and transfer certifications, the Employers controvert certain of the factual allega- tions set forth in Local 909's motion and contend that the circum- stances do not justify amending the certifications as requested. Among * Monon Stone Company, R-773; Hoadley Brothers Stone Company , R-775; Lucerne Valley Engineering Co , R-777; Hunter Brothers Stone Company, R-778; Reed-Powers Cut Stone Company, R-786; Wallis Stone Company , R-788; Sare -Hoadley Stone Com- pany, R-790; and Coleman Quarries-not listed in the caption. s Bennett Stone Company , Mid-West Quarries, Inc. ; Texas Quarries ; McNeely Stone Company, and Paul Smith Stone Co. G No objections to the motion to transfer certification were filed by Indiana Limestone Corporation, R-774, Ingalls Stone Company, R-776, or Heltonville Limestone Company, R-787. However , on March 7 , 1962, pursuant to a request by the Unions to dismiss motion to transfer certification with respect to Indiana Limestone Corporation, and upon agreement of the company , the Board granted the request to dismiss with respect to Case No. R-774. MONON STONE COMPANY 765 other things, the Employers deny that there is presently in existence a multiemployer bargaining unit like the one certified by the Board. It appears that the Federal Labor Unions which Local 909 seeks to displace were originally certified as bargaining representative in both a multiemployer unit of 14 companies, which were members of the Indiana Limestone Institute,7 and in 4 single-employer units of independent companies, which were not members of the Institute.'- However, the various papers filed by the parties show that since the original certifications a number of these companies have gone out of existence and new companies have been established. Thus, at least half of the 14 companies originally involved in the multiemployer unit for which the Federal Labor Unions were jointly certified are no longer in existence. In addition, there are now five new companies, allegedly a part of the multiemployer unit, for whom the Federal Labor Unions were never certified. It is therefore evident that the unit claimed is substantially different from the certified multiemployer unit and that the instant motions are, in effect, a request that the Board determine a question concerning representation in the claimed ap- propriate unit. However, the Board has consistently held that both the Act and Board policy require that such matters be determined through the filing of a petition in a separate representation proceed- ing. We accordingly deny the related motions to amend certifications. The Locals further request the transfer of certification of Ingalls Stone Company and Heltonville Limestone Company on the ground that neither objected to the original petition to transfer. As for In- galls, it was originally certified as part of the multiemployer unit ° and, thus, there is outstanding no certification covering this company alone. Although Heltonville was the subject of a separate single- company certification,10 the Unions now contend that it is negotiating as part of the alleged multiemployer unit, a contention inconsistent with their position that a transfer of the original single-company cer- tification is now proper. In view of the foregoing, we shall deny the motions to transfer certifications with respect to the above two com- panies on the similar ground that the question concerning representa- tion which the Locals seek to raise can only be resolved by a petition in a representation proceeding. [The Board dismissed the motions to amend certifications.] 7 Monon Stone Company ; Indiana Limestone Corporation ; Ingalls Stone Company ; Lucerne Valley Engineering 'Co.; B. G. Hoadley Quarries, Inc. ; Woolery Brothers Stone Co ; Carl Furst Stone Company ; Independent Limestone Company, Bloomington Lime- stone Corp , Shawnee Stone Company; Victor Oolitic Stone Company; Wallis Stone Company ; Empire Stone Company ; and Sare-Hoadley Stone Company. s Hoadley Brothers Stone Company ; Reed-Powers Cut Stone Company, Heltonville Limestone Company, and Hunter Brothers Stone Company. 611 NLRB 14, 20. 10 Ibid.