National Lime and Stone Co.

National Labor Relations Board - Board Decisions

Oct 7, 1944

58 N.L.R.B. 813 (N.L.R.B. 1944)

In the Matter of NATIONAL LIME AND STONE COMPANY and UNITED
CONSTRUCTION WORKERS, UNITED MINE WORKERS OF AMERICA
Case No. 8-R-1623.-Decided October 7,1914
Marshall, Melhorn, Wall d Bloch, by Mr. Henry R. Bloch, of Toledo,
Ohio, and Messrs. B. E, Emery and V. C. Lytle, of Findlay, Ohio, for
the Company.
Messrs. A. B. Sparks and John C. Christnnan, of Columbus, Ohio, for
the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, United
Mine Workers of America, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of National Lime and Stone Company, Findlay, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William O.
Murdock, Trial Examiner. Said hearing was held,at Findlay, Ohio,
on September 6,.1944. The Company and-the Union appeared, partici-
pated, and were afforded ftilYopportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. During the course of the hearing counsel for the Company
moved to dismiss the petition. The Trial Examiner reserved ruling
thereon. The motion is hereby denied. 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
I. THE BUSINESS OF THE COMPANY
National Lime and Stone Company is an Ohio corporation with its
principal offices at Findlay, Ohio. It operates plants at five cities in
58 N. L. R. B., No. 160.
813
814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the State of Ohio where it is engaged in the manufacture of commercial
and railroad stone and other lime and stone products. We are here
concerned with its plant at Findlay, Ohio, where it is engaged in the
manufacture of crushed limestone for use in the construction and
maintenance cf roads and streets and ballast for railroad tracks.
During the 6-month period preceding the date of the hearing,' the
Company sold products from its Findlay plant valued at about $50,000,
about $7,000 worth of which was sold to three different railroads.
During the same peri(yd, the Company purchased supplies valued at
about $15,000, about $900 of which was shipped to it from points outside
the 'State of Ohio. The total value of finished products produced
at all Ohio plants of the Company is in excess of $500,000 annually,
approximately 30 percent of which is shipped to points outside the
State of Ohio.
We find, contrary to the contentions of the Company, that the Com-
pany's business at its Findlay plant affects commerce within the mean-
ing of the National Labor Relations Act.
ii. THE ORG 4NIZATION INVOLVFI)
United Construction Workers, United Mine Workers of America,
is a labor organization admitting to membership employees of the
Company.
III, TIIE QUESTION CONCERNING REPRESENTA'T'ION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees, because of doubt
as to its majority status.
A statement, of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
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.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees at the Findlay, Ohio, plant of
the Company, excluding clerical 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, wgithin the meaning of Section 9 (b) of the Act.
The Field Examiner reported that the Union presented 22 authorization cards There
are 28 persons in the appropriate unit.
NATIONAL LIME AND STONE COMPANY
V. THE DETERMINATION OF REPRESENTAIIVES
815
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.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective. bargaining with National Lime and
Stone Company, Findlay, Ohio, 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 Eighth Region, acting in this matter as,
agent for the National Labor Relations Board and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, 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, and including employees in the armed forces of the United
States who present themselves in person at the polls , but excluding 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 determine
whether or not they desire to be represented by United Construction
Workers, United Mine Workers of America, for the purposes of col-
lective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.