Peerless White Lime Company

National Labor Relations Board - Board Decisions

Jan 3, 1939

10 N.L.R.B. 933 (N.L.R.B. 1939)

In the Matter Of PEERLESS WHITE LIME COMPANY and INTERNATIONAL
HOD CARRIERS, BUILDING & COMMON LABORERS' UNION OF AMERICA,
LOCAL No. 829, AFFILIATED WITH THE AMERICAN FEDERATION OF
LABOR
Case No. C-1045.-Decided January 3, 1939
Limestone Quarrying and Lime Manufacturing Industry-Settlement : stipu-
lation providing for compliance with the Act-Order: entered on stipulation-
Collective Bargaining : complaint dismissed as to violation of Section 8 (5) of
the Act.
Mr. Thurlow Smoot and Mr. Bernard R. Bralove, for the Board.
Mr. Robert M. Hawes, of St. Louis, Mo., for the respondent.
Mr. R. M. Secor and Mr. Robert L. Femmer, of Ste. Genevieve, Mo.,
for the International.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Hod Carriers, Building & Common Laborers' Union of America,
-Local No. 829, affiliated with the American Federation of Labor,
herein called the International, the National Labor Relations Board,
herein called the Board, by the Regional Director for the Fourteenth
Region (St. Louis, Missouri), issued its complaint' dated October
,31, 1938, against Peerless White Lime Company, Ste. Genevieve,
Missouri, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices affecting
commerce within the meaning of Section 8 (1), (2), and (5) and
Section. 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. A copy of the complaint and notice of
.hearing thereon were duly served upon the respondent and the Inter-
national.
IOn September 28, 1938, the Board ordered this case consolidated with Matter of
Bluff City Lime Company, a wholly owned subsidiary of Mississippi Lime Company and
International Hod Carriers , Building & Common Laborers ' Union of America, Local No.
829, affiliated with the American Federation of Labor, Case No C-1041 ; and Matter of
Ste Genevieve Lime it Quarry Company and International Hod Carriers , Building d Com-
mon Laborers ' Union of America, Local No. 829, Case No. C-1044 . On December 12, 1938,
the Board ordered the three cases severed from each other.
10 N L . R. B., No 83. 933
147841-39-vol 10-60
934 NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices the complaint alleged, in
substance, that although a majority of the employees of the respond-
ent in an appropriate unit designated the International as their
representative for the purposes of collective bargaining, the respond-
ent refused to bargain collectively with it; that the respondent
dominated and interfered with the formation and administration of a
labor organization among its employees known as Lime Workers In-
dependent Organization; and that the respondent, by the aforesaid
acts and by espionage, threats, solicitations, dissemination of anti-
union propaganda, and by forming a back-to-work movement among
its employees, interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
On November 5, 1938, the respondent filed its answer to the com-
plaint in which it is admitted the allegations concerning its corporate
structure but denied all other material allegations of the complaint.
Pursuant to notice, a hearing, concerning this case and the others
with which it was then consolidated, was held on November 7, 9, 10,
and 12, 1938, at Ste. Genevieve, Missouri, before Tilford E. Dudley,
the Trial Examiner duly designated by the Board. The Board, the
respondent, and the International participated in the hearing and
were represented by counsel. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues was afforded all parties. During the course of
the hearing, upon motion made by counsel for the Board without ob-
jection, the name- "Lime Workers Independent Organization" was
stricken from the pleadings and the name "Independent Quarry
Workers Union" substituted therefor. Thereafter an oral stipula-
tion between the respondent, the International, and counsel for the
Board in settlement of the case was read into the record without ob-
jection. This stipulation provides as follows :
It is hereby stipulated by and between the Peerless White Lime
Company, Respondent herein, the International Hod Carriers,
Building and Common Laborers' Union of America, Local No.
829, affiliated with the American Federation of Labor, a party
hereto, and Thurlow Smoot and Bernard Bralove, Attorneys for
the National Labor Relations Board, that :
I. Upon charges and amended charges duly filed by the Inter-
national Hod Carriers Building and Common Laborers' Union
of America, Local No. 829, the National Labor Relations Board,
by the Regional Director. for the Fourteenth Region, acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act (49 Stat. 449) and its Rules and Regulations,
Series 1, as amended, Article IV, Section 1, issued its complaint
on the 31st day of October, 1938, against the Peerless White Lime
Company, respondent herein.
DECISIONS AND ORDERS 935
II. The Respondent, Peerless White Lime Company, is a cor-
poration organized and existing by virtue of the laws of the State
of Missouri, with its principal office in the City of St. Louis, State
of Missouri, and is now and has continuously been operating and
maintaining in the City of Ste. Genevieve, State of Missouri, a
quarry and lime kiln for the production, sale and distribution of
finished lime and precipitated calcium carbonate.
III. The Respondent, Peerless White Lime Company, pur-
chases in excess of $45,000.00 in value in a normal year, explosives,
gasoline, coal, brick, and other raw materials used in the produc-
tion of lime and other products, ninety per cent of which are
purchased and transported from, into and through States of the
United States other than the State of Missouri, to its quarry and
lime kiln in the City of Ste. Genevieve, State of Missouri.
IV. The Respondent, Peerless White Lime Company, has for
a long period of time continuously caused ninety per cent of the
finished lime produced by it, amounting to in excess of $75,000.00
in a normal year, to be sold, and transported in interstate com-
merce from its quarry and lime kiln in the City of Ste. Genevieve,
State of Missouri, to, into and through States of the United States
other than the State of Missouri.
V. The Respondent, Peerless White Lime Company, is engaged
in interstate commerce within the meaning of the National Labor
Relations Act.
VI. The Respondent, Peerless White Lime Company, in the
normal course and conduct of its business at its Ste. Genevieve
plant employs approximately 135 employes, who are engaged in
production.
VII. The International Hod Carriers, Building and Common
Laborers' Union of America, Local No. 829, is a labor organiza-
tion within the meaning of the National Labor Relations Act.
VIII. The Independent Lime & Quarry Workers Union is a
labor organization within the meaning of the National Labor
Relations Act.
IX. A unit consisting of the production and maintenance em-
ployes, excluding supervisory and clerical employes, employed
in the Ste. Genevieve quarry and lime kiln, as described above,
will insure to such employes the full benefit of their right to
self-organization, and will effectuate the policies of the Act, and
is a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
X. That on or about May 26, 1937, a majority of the employees
in the unit described in Paragraph IX did designate the Inter-
national Hod Carriers, Building and Common Laborers' Union
of America, Local Number 829, as their representative for the
936 NATIONAL LABOR RELATIONS BOARD
purpose of collective bargaining with the Respondent, Peerless
White Lime Company. At all times since on or about said date,
the said Union has been the representative for collective bargain-
ing of the majority of employes of the Respondent, Peerless
White Lime Company, in the unit set forth above, and has, by
virtue of Section 9 (a) of the Act, been the exclusive representa-
tive of all of the employes in said unit for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of
employment and other conditions of employment.
XI. That on November 9, 1938, the Respondent, Peerless
White Lime Company, and the International Hod Carriers,
Building and Common Laborers Union of America, Local No.
829, entered into a written contract embodying terms satisfactory
to both parties.
XII. The Respondent, Peerless White Lime Company, waives
its right to a hearing and making of findings of fact and conclu-
sions by the Board, as set forth in Sections 10 (b) and (c) of the
National Labor Relations Act.
XIII. This stipulation, together with the second amended
charge, complaint, notice of hearing, order of consolidation,
amended order of consolidation, notice of order of consolida-
tion, and Respondent Peerless White Lime Company's answer,
may be filed with the Trial Examiner of the National Labor
Relations Board at Ste. Genevieve, Missouri, and when so filed
shall constitute the record in this case.
XIV. Upon this stipulation, if approved by the National Labor
Relations Board, an order may forthwith be entered by said
Board providing as follows :
1. The Respondent, Peerless White Lime Company, its offi-
cers, agents, successors, and assigns, will cease and desist from :
(a) In any manner interfering with, restraining or coercing
its employes in the exercise of their right to self-organization to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining, or
other mutual aid or protection as guaranteed under Section 7 of
the National Labor Relations Act,
(b) In any manner dominating or interfering with the forma-
tion or administration of the Independent Lime & Quarry Work-
ers Union, or any other labor organization of its employes, or
from contributing financial or other support thereto.
XV. The Respondent, Peerless White Lime Company, its of-
ficers, agents, successors and assigns will forthwith take the fol-
lowing affirmative action to effectuate the policies of the Act :
DECISIONS AND ORDERS 937
(a) Refrain from recognizing or dealing with the Independent
Lime & Quarry Workers Union as a representative of its em-
ployees for the purposes of dealing with Respondent, Peerless
White Lime Company, concerning grievances, labor disputes,
rates of pay, wages, hours of employment, or other conditions of
employment.
(b) Post notices on all bulletin boards in its plant for a period
of not less than thirty days, stating (1) that the Respondent,
Peerless White Lime Company, will cease and desist as afore-
said; (2) that the Respondent, Peerless White Lime Company,
will not recognize or deal with the Independent Lime & Quarry
Workers Union ;
(c) Inform its officers and agents, including the superintendent
and other supervisory, employes, that they shall not in any man-
ner interfere with the rights of their employes to self-organiza-
tion, to form, join or assist labor organizations, to bargain col-
lectively through representatives of their own choosing and to
engage in concerted activities for the purpose of collective bar-
gaining, or other mutual aid and protection.
(d) Notify the Regional Director for the Fourteenth Region
of the National Labor Relations Board within ten days of the
order of the steps the respondent, Peerless White Lime Com-
pany, has taken to comply herewith.
The allegation of the Complaint, that the Respondent, Peer-
less White Lime Company, violated Section 8, subdivision 5 of
the Act, is hereby dismissed.
It is further agreed and stipulated by and between the parties
hereto that the Eighth Circuit Court of Appeals of the United
States may, upon application by the National Labor Relations
Board, enter its decree enforcing the order of the Board. The
Respondent, Peerless White Lime Company, waives its right to
contest the entry of any such decree.
On November 21, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring the
proceeding to the Board for the purpose of entry of a decision and
order by the Board. On December 12, 1938, the Board issued its
order severing this case from the others noted in footnote 1, supra.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a Missouri corporation, is engaged in the operation
of a quarry and lime kiln, with its plant at Ste. Genevieve, Missouri,
938 NATIONAL LABOR RELATIONS BOARD
and its principal office at St. Louis, Missouri. In a normal year the
respondent purchases raw materials, consisting of explosives, gaso-
line, coal, and bricks, amounting in value to over $45,000, 90 per cent
of which are shipped to its Ste. Genevieve plant from points outside
of the State of Missouri. In a, normal year the respondent produces
finished lime amounting in value to over $75,000, 90 per cent of
which is shipped from its Ste. Genevieve plant to points outside the
State of Missouri.
We find that the above-described operations constitute a continuous
flow of trade,,trafl'ic, and commerce among the several States.
II. THE ORGANIZATIONS INVOLVED
International Hod Carriers, Building & Common Laborers' Union
of America, Local No. 829, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the respondent.
Independent Quarry Workers Union is a labor organization within
the meaning of the Act.
III. THE APPROPRIATE UNIT
We find that all the production and maintenance employees, ex-
cluding supervisory and clerical employees, employed in the respond-
ent's plant constitute a unit appropriate for the purposes of collective
bargaining, and that such unit insures to the employees the full
benefit of their right to self-organization and_ collective bargaining
and otherwise effectuates the policies of the Act.
IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT
We find that on May 26, 1937,-and at all times thereafter, a ma-
jority of the employees of the respondent in an appropriate unit
designated the International as their representative for the purposes
of collective bargaining; and that at all times thereafter the Interna-
tional was the representative for the purposes of collective bargaining
of a majority of the employees of the respondent in an appropriate
unit. By virtue of Section 9 (a) of the Act, therefore, it was the
exclusive representative of all employees of the respondent in the
said unit for the purposes of collective bargaining in respect of rates
of pay, wages, hours of employment, and other conditions of
employment.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
DECISIONS AND ORDERS 939
hereby orders that Peerless White Lime Company, Ste. Genevieve,
Missouri, its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right to-self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining, or other mutual
aid or protection as guaranteed under Section 7 of the National
Labor Relations Act;
(b) In any manner dominating or interfering with the formation
or administration of the Independent Lime & Quarry Workers Union,
or any other labor organization of its employees, or from contributing
financial or other support thereto.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Refrain from recognizing or dealing with the Independent
Lime & Quarry Workers Union as a representative of its employees
for the purposes of dealing with the respondent concerning griev-
ances, labor disputes, rates of pay, wages, hours of employment, or
other conditions of employment;
(b) Post notices on all bulletin boards in its plant for a period of
not less than thirty (30) days, stating (1) that the respondent will
cease and desist as aforesaid; and (2) that the respondent will not
recognize or deal with the Independent Lime & Quarry Workers
Union ;
(c) Inform its officers and agents, including the superintendent
and other supervisory employees, that they shall not in any manner
interfere with the rights of their employees to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in con-
certed activities for the purpose of collective bargaining, or other
mutual aid and protection ;
(d) Notify the Regional Director for the Fourteenth Region of the
National Labor Relations Board within ten (10) days of the order
of the steps the respondent has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges
that Peerless White Lime Company has engaged in unfair labor prac-
tices within the meaning of Section 8 (5) of the Act, be, and it hereby
is, dismissed.