Standard Lime and Stone Co.

National Labor Relations Board - Board Decisions

Jul 31, 1947

74 N.L.R.B. 893 (N.L.R.B. 1947)

In the Matter Of STANDARD LIME AND STONE COMPANY, EMPLOYER and
UNITED CONSTRUCTION `YORKERS, AFFILIATED WITH UNITED MINE
WORKERS OF AMERICA, PETITIONER
Case No. 5-R-2952.-Decided July 31, 1947
Messrs. L. I. Rice and' P. P. Specht, of Martinsburg, W. Va., for
the Employer. -
Mr. 7'. H. Price, of Radford, Va., and Mr. Arthur G. Pylon, of
Baltimore, Md., for the Petitioner.
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Baltimore,
Maryland, on May 28, 1947, before Earle K. Shawe, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Standard Lime and Stone Company, a Maryland corporation,
having its principal office and place of business in Baltimore, Mary-
land, is engaged in the business of quarrying and mining of limestone
and manufacturing of chemical and fluting lime. It operates l0 plants
in various cities in 7 States, including 1 at Kimballtown, Virginia,
with which we are here concerned. Annual purchases of raw ma-
terials for use at its Kimballtown plant amount to more than $50,000,
of which in excess of 50 percent represents shipments from points out-
side the Commonwealth of Virginia. Annual sales of products man-
ufactured at the Kimballto,wn plant amount to more than $100,000, of
which in excess of 50 percent represents shipments to points outside
the Commonwealth.
74 N. L. R. B., No. 138.
893
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the United
Mine Workers of America, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer has refused to recognize the Petitioner as the repre-
sentative of its watchmen, shipping clerks, office clerical, laboratory,
and supply house employees, contending that the Petitioner, the bar-
gaining representative of the production and maintenance employees,
has contracted not to represent these employees.
On December 17, 1945, following a consent election, the Petitioner
was certified by the Board as the bargaining representative of the Em-
ployer's production and maintenance employees at its Kimballtown
plant, except for all clerical, laboratory, and supply house employees,
shipping clerks, watchmen, and supervisors. A. 1-year contract was
executed on March 11, 1946, between the Petitioner and the Employer,
in which the Petitioner was recognized as the exclusive bargaining
representative of the employees in the certified unit. On March 22,
1947, the parties extended this contract with modifications not mate-
rial here. The extension is for 1 year from March 11, 1947, and pro-
vides for automatic renewal from year to year thereafter.
The original contract of March 11, 1946, and the extension of March
22, 1947, merely provide for the exclusion from the bargaining unit
of certain named categories of employees, including those sought
herein by the Petitioner. The exclusion of these employees from the
coverage clause merely places these employees outside the scope of the
agreement; it does not constitute an agreement by the Petitioner not
to represent the excluded employees.' Accordingly, we find that the
contract does not bar the instant proceeding.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner requests that the, Employer's two watchmen be added
to the presently existing production and maintenance unit, and that
'Matter of Cameron Manufacturanq Corporation , 72 N L R. B. 203; Matter of The
Trailmobile Company, 72 N. L. R. B 1349.
STANDARD LIME AND STONE COMPANY 895
a separate unit of shipping clerks and office clerical , laboratory, and
supply house employees, excluding supervisors, be established. Aside
from its contention that the existing contract with the Petitioner pre-
cludes the Petitioner from representing the employees in question, the
Employer does not object to the Petitioner's requests.
The watchmen perform janitorial services, act as emergency supply
house attendants, and carry out the general plant-protection duties
usually required of watchmen. We are of the opinion that the duties
and functions of the watchmen do not warrant their inclusion in the
same unit with the production and maintenance employees. Accord-
ingly, we shall not conduct an election among them for the purpose of
determining their inclusion in the production, and maintenance unit
currently represented by the Petitioner.
All six employees designated as shipping clerks, and office clerical,
laboratory, and supply house employees, were excluded from the pro-
duction and maintenance unit established by the Board in 1943,2 and
from the production and maintenance unit agreed upon by the parties
in 1945. The duties of all of these employees are primarily clerical in
nature. Other than as indicated above with reference to their exclu-
sion from the production and maintenance unit under the contract,
there is no disagreement between the parties as to the appropriateness
of a unit comprised of these clerical employees. Accordingly, we find
that they may constitute a separate bargaining unit.
We find that all shipping clerks, and office clerical, laboratory, and
supply house employees at the Employer's Kimballtown plant, exclud-
ing all supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Standard Lime and Stone
Company, Knuballtown, Virginia, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) clays
from the date of this Direction, under the direction and supervision
of the Regional Director for the Fifth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to See-
tions 203.55 and 203.56, of National Labor Relations Board-Rules and
Regulations-Series 4, among the employees in the unit found appro
priate 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
2 Matter of Standard Lime & Stone Company, 48 N. L. R. B 424.
755420-48-vol. 74-58
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 United Construction Workers, affiliated
with United Mine Workers of America, for the purposes of collective
;bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.