National Gypsum Co.

National Labor Relations Board - Board Decisions

Apr 19, 1945

61 N.L.R.B. 627 (N.L.R.B. 1945)

In the Matter of NATIONAL GYPSUM COMPANY and UNITED GAS, COKE
AND CHEMICAL WORKERS OF AMERICA, LOCAL 329 , C. I. O.
Case No. 7-B-1961.-Decided April 19,1945
Mr. C. E. Anderson , of East Tawas, Mich., and Mr . Horace Powell,
of Whittemore , Mich., for the Company.
Mr. Robert Poe, of Detroit, Mich., for the United.
Mr. Cornelius O'Dom-tell , of Saginaw , Mich., and Mr . Wilbur Ryal,
of Midland , Mich., for District 50.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Gas, Coke and Chemical Workers
of America , Local 329, C. I. 0., herein called the United, alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of National Gypsum Company, National
City, Michigan , herein called the Company , the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Max Rotenberg , Trial Examiner . Said hearing was held at
Tawas City , Michigan , on March 20 , 1945. At the commencement
of the hearing the Trial Examiner granted a motion of Local Union
12187, District 50, United Mine Workers of America, herein called
District 50, to intervene . The Company , the United , and District
50 appeared at and participated in the hearing and all parties were
afforded full opportunity to be heard , to examine and cross -examine
witnesses , and to introduce evidence bearing on the issues . The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
National Gypsum Company is a Delaware corporation operating
a quarry and plant at National City, Michigan, where it is engaged
61 N. L. R. B., No. 94.
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628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in quarrying and processing of gypsum rock. During 1944 95 per-
cent of the raw materials used by the National City plant, valued in
excess of $95,000, was shipped to it from points outside the State of
Michigan. During the same period the Company shipped products
from its National City plant valued in excess of $500,000, 75 percent
of which was shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas Coke and Chemical Workers of America, Local 329, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
Local Union 12187, District 50, United Mine Workers of America,
is a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 22, 1945, the United requested the Company to recog-
nize it as collective bargaining representative of the employees at the
National City plant. The Company did not reply to this request.
, On April 16, 1944, the Company and District 50 entered into an
exclusive bargaining contract. The contract provides that it shall
remain in effect for 1 year and from year to year thereafter unless
notice of a desire to terminate is given by either party thereto not less
than 30 days prior to any annual expiration date. The United made
its claim upon the Company during January 1945. Inasmuch as the
United made its claim more than 30 days prior to the date upon which
the contract would automatically have renewed itself, we find that the
contract does not constitute a bar to a determination of representatives
at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the United represents a sub-
stantial number of employees in the unit hereinafter found to be-
appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
I The Field Examiner reported that the United presented 137 authorization cards bear-
ing the names of persons who appear on the Company ' s pay roll for the period of February
14, 1945. There are approximately 142 employees in the appropriate unit. District 50
did not present any evidence of representation but relies upon its contract as evidence of
its interest in the instant proceeding
NATIONAL GYPSUM COMPANY
IV. THE APPROPRIATE UNIT
629
We find, in substantial agreement with the parties, that all produc-
tion and maintenance employees at the National City establishment
of the Company, excluding office employees and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in the
Direction.
The United requests that, in any election which is held, the name of
District 50 be excluded from the ballot because it no longer represents
any employees of the Company. The United introduced evidence
tending to show that, prior to the filing of its petition herein, the mem-
bers of District 50 voted unanimously to shift their affiliation to the
United. Inasmuch as District 50 held a contract which did not ex-
pire until April 16, 1945, and in view of its participation in the instant
proceeding, we shall direct that the name of District 50 appear on the
ballot in the election to be directed.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with National Gypsum
Company, National City, Michigan, 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 Seventh Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, of said Rules and Regulations, among the
This is substantially the, same unit as provided for in the contract between the Company
and District 50, alluded to above.
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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
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether they desire to be represented by United Gas, Coke
and Chemical Workers of America, Local 329, C. I. 0., or by Local
Union 12187, District 50, United Mine Workers of America, for the
purposes of collective bargaining, or by neither.
CHAIRMAN MmLIS took no part in the consideration of the above De-
cision and Direction of Election.