Southern Aggregates Corp.

National Labor Relations Board - Board Decisions

May 13, 1940

23 N.L.R.B. 736 (N.L.R.B. 1940)

In the Matter of SOUTHERN AGGREGATES CORPORATION and QUARRY
WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCALS No.
293, 294, 295
Case No. B-1812.-Decided May 13, 1940
Rock Quarrying Industry-Investigation ofRepresentatives : controversy con-
cerning representation of employees : refusal by employer to recognize union
as exclusive representative-Unit Appropriate for Collective Bargaining: all
hourly paid production and maintenance employees at three quarries with
specified inclusions and exclusions-Election Ordered
Mr. Samuel M. Spencer, for the Board.
Mr. Bennett H. Perry, of Henderson, N. C., and Mr. B. K. Las-
siter, of Oxford, N. C., for the Company.
Mr. J. B. Foreman, of Martinsburg, W. Va., for the Union.
Mr. Louis Co/tin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 4, 1939, Quarry Workers International Union of
North America, herein called the Union, filed with the Regional
Director for the Fifth Region (Baltimore, Maryland) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Southern Aggregates Corpora-
tion, Raleigh, North Carolina, 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 December 16, 1939, and February 6,
1940, respectively, the Union filed an amended petition and a second
amended petition with the Regional Director. On April 17, 1940,
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 Relations 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.
On April 19, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
1 The Company was at that time known as Raleigh Granite Company. The second
amended petition correctly designated the Company as Southern Aggregates Corporation.
23 N. L. R. B., No 73.
736
SOUTHERN AGGREGATES CORPORATION 737
Pursuant to the notice, a hearing was held on April 25 and 26, 1940,
at Raleigh, North Carolina, before Albert L. Lohm, the Trial Ex-
aminer duly designated by the Board. The Board and the Company
were represented by counsel, the Union by its representative, and all
participated in the hearing. Full opportunity to be heard, to ex-
amine 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, the 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
1. THE BUSINESS OF TILE COMPANY
The Company is a Delaware corporation having its principal
office in Raleigh, North Carolina. It operates eight quarries; seven
are located in the State of North Carolina and the eighth in the
State of South Carolina. The quarries are engaged in the crushing
of stone for commercial use. In 1939 the Company quarried and
crushed 1,400,000 tons of rock, valued at approximately $1,500,000.
These operations involved the use of explosives valued at approxi-
mately $100,000, 85 per cent of which were shipped to the Company
from the State of West Virginia. In 1939 the Company purchased
approximately 2,500 tons of coal from sources in the States of Vir-
ginia and West Virginia for the operation of its steam shovels, and
expended approximately $150,000 for repair parts shipped to it from
points outside the States of North Carolina and South Carolina.
Approximately 34 per cent of the Company's production is sold to
railroads engaged in interstate commerce. The Norfolk & Southern
Railroad purchased approximately 150,000 tons of crushed rock from
the Company in 1939, 26 per cent of which was unloaded by the
Railroad in the State of Virginia. In 1939 the Seaboard Air Line
Railroad unloaded in the State of Virginia 39,377 tons of crushed
rock, all of which it purchased from the Company. The Company
employs approximately 600 employees.
This proceeding is concerned solely with the employees of the
Company's quarries located at Graystone, Rolesville, and Wendell,
North Carolina. These three quarries employ approximately 240
employees.
II. THE ORGANIZATION INVOLVED
Quarry Workers International Union of North America is a labor
organization affiliated with the Congress of Industrial Organizations.
It has a local at each of the Company's quarries at Graystone, Roles-
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ville, and Wendell, North Carolina, and admits to membership all
hourly paid production and maintenance employees, including truck
drivers and shovel operators, but excluding those engaged in the
sale, research, accounting, clerical, executive, and secretarial depart-
ments and employees having the power to hire or discharge.
III. THE QUESTION CONCERNING REPRESENTATION
' The Union commenced organizational activities among the em-
ployees at the Company's Graystone, Rolesville, and Wendell
quarries during October 1939. On December 1, 1939, the Union,
claiming to represent a majority of the employees in these three
quarries, requested the Company to deal with it as the exclusive.
representative of the employees in the three quarries. The Com-
pany refused this request, stating that it doubted the Union's claim
to represent a majority of such employees.
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union urges that all the hourly paid production and mainte-
nance employees of the Company at its Graystone, Rolesville, and
Wendell quarries, including truck drivers and shovel operators, but
excluding the employees in the sales, research, accounting, clerical,
executive, and secretarial departments and employees having the
power to hire and discharge, constitute a, single unit appropriate
for the purposes of collective bargaining. The Company did not
state its position or introduce any evidence to dispute the appropri-
ateness of the unit claimed by the Union.
The Graystone, Rolesville, and Wendell quarries are located within
55 miles of each other and there is an occasional -interchange of
employees between them. The other quarries of the Company are
located at least 100 miles from the above three. The Company main-
tains one machine shop and one electrical shop for all three of these
quarries. The Union has conducted organizational activities among
SOUTHERN AGGREGATES CORPORATION 739
the 'employees of only the above three quarries of the Company and
claims to represent 42 of the 47 employees at the Rolesville quarry,
80 of the 110 employees at the Wendell quarry, and 80 of the 110
employees at the Graystone quarry. Under the circumstances, we
see no reason for not finding an appropriate unit which coincides
with the extent of the Union's organization.
We find that all the hourly paid production and maintenance em-
ployees of the Company at its Graystone, Rolesville, and Wendell
quarries, including truck drivers and shovel operators, but excluding
the employees in the sales, research, accounting, clerical, executive,
and secretarial departments and employees having the power to hire
and discharge, constitute a unit appropriate for the purpose of col-
lective bargaining and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Although the Union claimed to represent a majority of the em-
ployees in the appropriate unit, it desires that an election be held
to resolve the question concerning representation. We will direct
that an election by secret ballot be held.
The Union urges that a pay roll of the Company for any period
between December 1, 1939, and April 15, 1940, be used to determine
eligibility to*vote in the election. The Company urges the use of a
pay, roll immediately preceding the Direction of Election. There
appears to be no reason why the pay roll immediately preceding the
date of this Direction of Election should not be used to determine
the eligibility of employees to vote in the election. We find that
those eligible to vote in the election shall be employees in the appro-
priate unit who were employed during the pay-roll period immedi-
ately preceding the date of our Direction of Election, including
employees who did not work during such pay-roll period because
they were ill or on vacation and employees who were then or have
since been temporarily laid off, but excluding those employees who
have since quit or been discharged for cause.
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 Southern Aggregates Corporation, Raleigh,
North Carolina, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All the hourly paid production and maintenance employees of
the Company at its Graystone, Rolesville, and Wendell, quarries,
including truck drivers and shovel operators, but excluding the
employees in the sales, research, accounting, clerical, executive, and
secretarial departments and employees having the power to hire and
discharge, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Southern Aggregates Corporation, Raleigh, North
Carolina, 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 Di-
rector for the Fifth 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 all the hourly paid pro-
duction and maintenance employees of the Company at its Graystone,
Rolesville, and Wendell quarries, who were employed during the,
pay-roll period immediately preceding the date of this Direction,
including truck drivers, shovel operators, employees who did not
work during such pay-roll period because they were ill or on vacation,
and employees who were then or have since been temporarily laid off,
but excluding the employees in the sales, research, accounting,
clerical, executive, and secretarial departments, employees having the
power to hire and discharge, and employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by Quarry Workers International Union of North
America, affiliated with the Congress of Industrial Organizations,
for the purposes' of collective bargaining.