Paul Lime Plant

National Labor Relations Board - Board Decisions

Oct 23, 1943

53 N.L.R.B. 24 (N.L.R.B. 1943)

In the Matter of PAUL LIME PLANT and INTERNATIONAL UNION OF
MINE , MILL AND SMELTER WORKERS (CIO), FOR ITSELF AND ON BEHALF
OF ITS LOCAL #470
Case No. 21-R-2053.-Decided October 23, 1943
-Mr. James T. Gentry, of Bisbee, Ariz., and Miss Helen M. Smith, of
Douglas, Ariz., for the Company.
Messrs. Orville Larson and Glenn Freeman, of Clifton, Ariz., for the
.Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill
and Smelter Workers (CIO), for itself and on behalf of its Local
#470, herein'called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Paul
Lime Plant, Paul Spur, Arizona, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before William B. Esterman, Trial Examiner. Said
hearing was held at Douglas, Arizona, on September 13, 1943. The
Company and the Union appeared, participated, 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
Paul Lime Plant is a copartnership of Alfred Paul, Mabel W. Paul,
Alfred Paul, Jr., and Winifred Paul Ames, operating and doing busi-
53 N. L. R. B., No. 7.
24
PAUL LIME PLANT 25
ness at Paul Spur, Arizona, under the name Paul Lime Plant. The
Company's entire operations, the production and sale of lime, crushed
rock, silica, calcium carbonate, rock wool, chicken grit feeds, and mis-
cellaneous related products, are conducted at the aforesaid location,
where the Company operates a quarry and a processing plant.
During the 12 months' period beginning June 1, 1942, the Company
sold 32,125 tons of various kinds of lime, 1,800 tons of which were sold
and delivered to purchasers outside the State of Arizona. During
the same period the Company sold and delivered to several large
copper smelters in Arizona, 28,934 tons of flotation lime valued at
$174,060, and made sales of 50,128 tons of crushed rock, 44 tons of
which were sold and shipped to purchasers outside the State of
Arizona. The Company 's sales of crushed rock within the State
of Arizona were principally to the Arizona Highway Department for
construction and maintenance of State highways and to Fort Hua-
chuca and the Douglas and Hereford Airports for construction at
these locations. During the same period the Company sold 3,673 tons
of silica, 399 tons of which were sold and shipped to points outside the
State of Arizona.
In the same 12-month period, the Company purchased natural gas
for use in its plant, at a cost to the Company of $46,911.58. The gas
originated in New Mexico, was processed in Texas and was then piped
across the State of New Mexico to' the Company's plant in Arizona.
We find that the business of the Company has a direct and sub-
stantial effect upon the free, flow of commerce between the several
States and that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.'
H. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers and its
Local #470, affiliated with the Congress of Industrial Organizations,
are labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about.June 25, 1943, the Union requested the Company to
grant it recognition as the exclusive bargaining representative of
the Company's employees and the Company refused to extend such
recognition until the Union has been certified by the Board in an
appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
1 Matter of Cowell Portland Cement Company . 40 N L R B 612, enforced , lOS F (2d)
198 (C. C. A. 9) ; Matter of Crowe Coal Co., 9 N L. R. B. 1149, enforced, 104 F (2d) 633
(C. C. A. 8).
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stantial number of employees in the unit hereinafter found appro-
priate?
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
The parties are in agreement that all production and maintenance
employees , excluding watchmen ; technical and clerical employees,
foremen, and all other supervisory employees with authority to hire
and discharge , constitute an appropriate bargaining unit. They are
in disagreement as to several subforemen , whom the Union would in-
clude in and the Company would exclude from the unit.' The Union's
contention that these employees should be included in the unit rests
entirely upon the fact that they spend varying portions of their time
doing manual labor. It is undisputed , however, that it is the respon-
t ibility of these subforemen to report to their supervisors on the con-
duct and ability of their subordinates , and to make recommendations
with respect to hire, discipline , and discharge. The subforemen,
therefore , clearly fall within our customary definition of supervisory
employees. They will be excluded from the appropriate unit.
We find that all production and maintenance employees of the
Company at Paul Spur, Arizona, excluding watchmen , technical and
clerical employees , foremen, subforemen , and all other supervisory
employees with authority to hire, promote , discharge, discipline, or
otherwise effect changes in the status of employees , or effectively
recommend such action ,' constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which,
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
2 The Field Examiner reported that the Union submitted 66 application for membership
cards bearing the apparently genuine signatures . of persons whose names appear on the
Company's pay roll of June 28, 1943 , which contained the names of 81 employees in the
appropriate unit.
3 The subforemen are Lorenzo Rodriguez , Gonzalo Rodriguez , Francisco Espinosa, and
Rafael Sepulveda.
4.
PAUL LIME PLANT
DIRECTION OF ELECTION
27
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Paul Lime Plant,
Paul Spur, Arizona, 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 Twenty-first 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 em-
ployees 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
those employees 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 Interna-
tional Union of Mine, Mill and Smelter Workers, for itself and on
behalf of its Local #470, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.