Rockwood Alabama Stone Co.

National Labor Relations Board - Board Decisions

Apr 22, 1942

40 N.L.R.B. 790 (N.L.R.B. 1942)

In • the Matter of ROCKwooD ALABAMA STONE COMPANY and INTER-
NATIONAL UNION OF MINE, MILL AND SAIELTER WORKERS, C. I. O.
Case No. R-3664.-Decided April 22, 1940
Jurisdiction : ordnance manufacturing and quarrying industry.
Investigation . and, Certification of. Representatives : existence of question : re-
fusal to accord petitioner recognition ; Where rival labor organization gave
notice of its claim to representation approximately a month prior to the
date the parties to an existing contract were required by the terms thereof
to give notice to prevent its automatic renewal, the contract held not to
constitute a bar ; election necessary.
Unit_ Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisors, working foremen who spend a-major portion
of their time in the performance of supervisory duties or who have authority
to hire or discharge, clerical employees, and guards.
Mr. James F. Manning, Jr., and Mr. James Lord, of Rockwood,
Ala., for the Company.
Mr. Homer Wilson,.of Bessemer, Ala., for the C. I. O:
Mr. R. O. Ross, of Birmingham, Ala., for A. F. of L. and affiliated
Crafts. •
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 5, 1942, International Union of Mine, Mill, and
Smelter Workers, C. I. 0., herein called the C. I. O., filed with the
Regional Director for the Tenth Region (Atlanta, Georgia) a peti-
tion alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Rockwood Alabama Stone
Company, Rockwood, Alabama, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On March 13, 1942, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act, and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
40 N. L. R. B., No. 135.
790
I
ROCKWOOD ALABAMA STONE COMPANY 791-
On March 16, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the C. I. O.
and upon the American Federation of Labor, herein called the
A. F. of L., a labor organization claiming to represent employeees
dirctly affected by the investigation. The Company, the C. I. 0., and
the A. F. of L. appeared by their representatives and participated in
the hearing. Journeymen Stone Cutters Association of • North
America; American Federation of Labor Quarry Workers, Federal
Union No. 21473; and International Association of Marble,'Slate; and
Stone Polishers, Rubbers, Sawyers, Tile and Marble Cutters Helpers,
and Terrazzo Helpers, herein called collectively the Craft Unions,'
labor organizations claiming to represent employees directly affected
by the investigation, also appeared by their representatives and pars
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objections
to admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby' affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Rockwood Alabama Stone Company is a Tennessee corporation
with its principal, office at Rockwood, Alabama. Its business is the
quarrying, fabricating, and sale of building stone and the manufac
ture of shells for the United States Army. During the year 1940,
its sales were in excess of $500,000. Approximately 80 percent of the
products sold were shipped to points outside the State of Alabama.
The Company admits that it is engaged in commerce within the mean-
ing of the Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill, and Smelter Workers, C. I.• 0.;
American Federation of Labor; Journeymen Stone Cutters Associa-
tion of North America ; American Federation of Labor Quarry
Workers, Federal Union No. 21473; and International Association of
Marble, Slate and Stone Polishers, Rubbers, Sawyers, Tile and Marble
Cutters Helpers, and Terrazzo Helpers are labor organizations admit-
ting to membership employees of the Company.
The Craft Unions are affiliated with the A F of L.
792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. requested recognition as the bargaining agent of the
employees of the Company and asked for a conference for the purpose
of negotiating an agreement., The Company refused on the ground
that it had a valid subsisting agreement with the Craft Unions.
On June 1, 1938, at 1 a time when the Company was engaged ex-
clusively in the business of quarrying, fabricating, and sale of build-
ing stone , the Company entered into a contract with the Craft
Unions, jointly, covering the terms of employment of the various
craft groups in the Company's employ. This contract was for a
1-year period with a provision for automatic renewal unless notice
of termination was given by either party at least 90 days prior to
the end of the. contract year. On August 4, 1938, the contract was
amended so as to run until May 31, 1940. On March 3, 1939, it was
amended again so as to run until May 31, 1941. These amendments
did not eliminate the automatic renewal clause of the contract as
originally executed. No notice of a desire to terminate the contract
having been given by either party prior to May 31, 1941, the contract.
was automatically extended, under the terms thereof, to May 31,
1942. .
Operation of the Company's stone business was last normal in
September of 1940. Early in 1941, the Company laid off practically
all of its regular employees and it quarried no stone at all during
that year. It filled some orders from accumulated stock but at the
date of the hearing it, had no orders on hand. On October 1, 1941,
the Company ,began to convert one of its mills for they purpose of
manufacturing shells for the United States Army. At the date of
the hearing the installation of the new machinery was virtually
complete _ and the Company was about to begin production. The
work to be performed under the new set-up, will be the machining
of forgings sent to the Company by the Ordnance Department of
the United States Army and thus is of an entirely different char-
acter than the work covered by the contract between the Company
and the Craft Unions. Although, at the date, of the hearing, the
Company had only 60 production and maintenance employees, it
anticipates that ' it will have from 150 to 300 employees when it
reaches maximum production which it expects to do by May and
at the latest by June 1942. All but 10 of the employees presently
on the Company's pay roll engaged in the new work are employees
formerly employed in the stone business and the Company expects
to continue hiring former employees as fast as it can use them in
its shell-manufacturing work.
The petition in the present proceeding was filed on February 5,
1942, approximately a month prior to the date the parties to the
ROCKWOOD ALABAMA STONE COMPANY 793
existing contract were required, by the terms thereof; to give notice
to prevent its automatic renewal. We find, under the circumstances
here present, that the- contract does not constitute a bar to this
proceeding.
A statement made by the Trial Examiner at the hearing shows
that the C. I. 0. represents a substantial number of employees in the
appropriate unit.2
We find that a question has arisen concerning the representation
of employees. of the Company.
IV. THE EFFECT' OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Subject only to a controversy concerning the status of working fore-
men, the parties were in substantial agreement as to the appropriate-
ness of the unit hereinafter found.
At the date of the hearing, the organization of the supervisory
staff 'was incomplete and the scope of the authority of working
foremen as well as the proportion of their time which will be spent in
performing duties of a supervisory character had not been ' deter-
mined. We believe that the interests of working foremen who have
authority to hire or discharge employees or who spend a major por-
tion of their time in the peformance of supervisory duties are more
closely allied with the interests of the management than with the
employees included in the appropriate unit.3 We shall therefore
exclude such working foremen from the unit.
We find that all production and maintenance employees of the
Company at its Rockwood, Alabama, mills, excluding supervisors,
working foremen who spend a major portion of their time in the
2 The C. I. 0. submitted 44 authorization cards , 1 being dated in December 1941; 29
in January 1942; and 9 in February 1942 All of the cards appeared to the Trial
Examiner to bear genuine original signatures and 27 bear th6 names of persons on the
Company's pay roll ' of 'March 23 , 1942. There are approximately 60 employees in the
appropriate unit.
3 The Company desires that all foremen _ who perform any work with the tools of the
trade at which they are employed be included in the unit . The A. F. of L . and the
C. I 0 take the position that all supervisory employees with authority to hire or
discharge should be excluded. The C. I. 0 would also exclude all foremen with the
authority to recommend discharge.
7-94 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
performance of supervisory duties,,or who have authority to.hire or.
discharge, clerical employees; and guards, constitute a unit appropri-
ate • for the purposes of 'collective bargaining, and that such a unit
will insure to the employees of the Company the full benefit 'of. their
right to 'self-organization and to collective.bargaining and otherwise
will'effectuate the policies of the Act.
VI. THE DETERMINATION OF 11EPRESENTATIVES -
We find that the question concerning representation which has'
arisen can best be resolved by an election by secret ballot. The A. F.
of L. and the Craft Unions request, in the event an election is ordered
by the Board, that they be allowed to appear jointly on the ballot
under the name "American Federation of Labor." The request is
hereby granted.' All 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, shall be eligible to vote in the
election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the' Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting` commerce has arisen concerning the repre-
sentation of employees of Rockwood Alabama Stone Company, Rock-
wood, 'Alabama, within the meaning of Section 9 (c) and Section' 2
'(6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its Rockwood, Alabama, mills, excluding supervisors, working fore-
men who spend a major portion of their time in the performance
bf supervisory duties or who have authority to hire or discharge,
clerical employees, and guards, constitute a unit appropriate for the
purposes- of collective- bargaining within the meaning of Section
9 (b) of the National Labor }Relations Act.
DIRECTION OF ELECTION i
By virtue of and' pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the, National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Rockwood Alabama Stone Company,, Rockwood, Alabama, an
ROCKWOOD ALABAMA STONE COMPANY 795
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
Tenth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among the production and maintenance employees
of the Company at its mills in Rockwood, Alabama, who were em-
ployed during the pay-roll period immediately preceding' the date
of this Direction of Election, including employees who did not work
during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States,
or temporarily laid,off, but excluding supervisors, working foremen
who spend a major portion of their time in the performance of
supervisory duties or who have authority to hire or discharge, clerical
employees, guards, and employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by International Union of Mine, Mill, and Smelter Workers, C. I. 0.,
or by the American Federation of Labor, for the purposes, of collec-
tive bargaining, or by neither.