Ste. Genevieve Lime & Quarry Company

National Labor Relations Board - Board Decisions

Jan 3, 1939

10 N.L.R.B. 926 (N.L.R.B. 1939)

In the Matter Of STE. GENEVIEVE LIME & QUARRY COMPANY and INTER-
NATIONAL HOD CARRIERS, BUILDING & COMMON LABORERS' UNION OF
AMERICA, LOCAL No. 829, AFFILIATED WITH THE AMERICAN FEDERA-
TION OF LABOR
Case No. C-1044.-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. Harry 0. Smith and Mr. Raymond S. Roberts, of Farmington,
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 1 dated October 31,
1938, against Ste. Genevieve Lime & Quarry 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.
1On September 28, 1938 , the Board ordered this case consolidated with Matter of
Bluff City Lime Company, a wholly owned subsidiary of the Mississippi Lime Company
and International Hod Carriers, Building & Common Laboreis' Union of America, Local
No. 829, affiliated with the A F of L, Case No -1041, and Matter of Peerless White
Lime Company and International Hod Carriers IIu;ldinq & Common. Laborers' Union, of
America, Local No. 829, affiliated with the A. F of L, Case No C-1045 On December
12, 1938 , the Board ordered these three cases sa ered from each other.
10N.L R B,No 52
926
DECISIONS AND ORDERS 927
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.
Concerning the unfair labor practices the complaint alleged, in
substance, that although a majority of the respondent's employees
in an appropriate unit designated the International as their repre-
sentative for the purposes of collective bargaining, the respondent
refused to bargain collectively with it; that the respondent domi-
nated and interfered with the formation and administration of a
labor organization among its employees known as Lime Workers
Independent 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 striking 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 aiYswer to
the complaint in which it admitted the allegations concerning the
nature and scope of its business but denied the allegations of unfair
labor practices.
Pursuant to notice, a hearing 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 bearing
upon the issues was afforded all parties. During the course of the
hearing the Trial Examiner granted, without objection, the motion
made by counsel for the Board to amend the pleadings by substitut-
ing for the name "Line Workers Independent Organization" the
name "Independent Lime and Quarry Workers Union." Thereafter
an oral stipulation in settlement of the case, entered into by the re-
spondent, the International, and counsel for the Board, was read into
the record without objection. This stipulation provides as follows :
It is hereby stipulated by and between the Ste. Genevieve Lime
& Quarry Company, respondent herein, the International Hod
Carriers, Building and Common Laborers Union of America,
Local Number 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 Number 829, the National Labor Relations
Board, by the Regional Director for the Fourteenth Region,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act (49 Stat. 449), and its Rules and
928 NATIONAL LABOR RELATIONS BOARD
Regulations, Series 1, as amended, Article IV, Section 1, issued
its complaint on the 31st day of October, 1938, against the Ste.
Genevieve Lime & Quarry Company, respondent herein.
II. The Respondent, Ste. Genevieve Lime & Quarry Company,
is a corporation 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.
III. The Respondent, Ste. Genevieve Lime & Quarry Company,
purchases in excess of $45,000.00 in value, in ' a normal year,
explosives, gasoline, coal, brick, and other raw materials used
in the production 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, Ste. Genevieve Lime & Quarry Com-
pany, has for a long period of time continuously caused eighty
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 commerce 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, Ste. Genevieve Lime & Quarry Company,
is engaged in interstate commerce within the meaning of the
National Labor Relations Act.
VI. The Respondent, Ste. Genevieve Lime & Quarry Com-
pany, in the normal course and conduct of its business at its
Ste. Genevieve plant, employs approximately 135 employees who
are engaged in production.
VII. The International Hod Carriers, Building and Common
Laborers' Union of America, Local Number 829, is a labor organi-
zation 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,
would insure to such employes the full benefit of their right to
self-organization, and would effectuate the policies of the Act,
and is a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
DECISIONS AND ORDERS 929
X. That on or about May 26, 1937, a majority of the employes
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 representatives for the
purposes of collective bargaining with the Respondent, Ste.
Genevieve Lime & Quarry Company. At all times since on or
about said date, the said Union has been the representative for
collective bargaining of a majority of the employes of the Re-
spondent, Ste. Genevieve Lime & Quarry Company, in the unit
set forth above, and has, by virtue of Section 9 (a) of the Act,
been the exclusive representative of all the employes in said unit
for the purposes of collective bargaining in respect to rates of
pay, wages, hours of employment, and other conditions of em-
ployment.
XI. That on November 9, 1938, the Respondent, Ste. Genevieve
Lime & Quarry Company, and the International Hod Carriers,
Building and Common Laborers Union of America, Local Num-
ber 829, entered into a written contract embodying terms satis-
factory to both parties.
XII. The Respondent, Ste. Genevieve Lime & Quarry Com-
pany, waives its right to a hearing and making of findings of
fact and conclusions by the Board, as set forth in Section 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 'consolidation,
and Respondent Ste. Genevieve Lime & Quarry Company's an-
swer, 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, Ste. Genevieve Lime & Quarry Company,
its officers, 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 Workers
930 NATIONAL LABOR RELATIONS BOARD
Union, or any other labor organization of its employes, or from
contributing financial or other support thereto.
XV. The Respondent, Ste. Genevieve Lime & Quarry Company,
its officers, agents, successors, and assigns, will forthwith take the
following affirmative action to effectuate the policies of the Act :
(a) Refrain from recognizing or dealing with the Independent
Lime & Quarry Workers Union as a representative of its employes
for the purposes of dealing with Respondent, Ste. Genevieve Lime
& Quarry 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, Ste.
Genevieve Lime & Quarry Company, will cease and desist as afore-
said; (2) that the respondent, Ste. Genevieve Lime & Quarry
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 employees, that they shall not in any man-
ner interfere with their employes 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.
(d) Notify the Regional Director for the Fourteenth Region
of the National Labor Relations Board within ten days of the
order of the steps Respondent, Ste. Genevieve Lime & Quarry
Company, has taken to comply herewith.
The allegation of the complaint that the Respondent, Ste.
Genevieve Lime & Quarry Company, violated Section 8, subdivi-
sion 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, Ste. Genevieve Lime & Quarry 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 other two cases noted in footnote 1, supra.
Upon the entire record in the case, the Board makes the following:
DECISIONS AND ORDERS
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
931
The respondent, a Missouri corporation, is engaged in the operation
of a quarry and lime kiln, with its plant at Ste. Genevieve, Missouri,
and its principal office at St. Louis, Missouri. In a normal year the
principal raw materials, consisting of explosives, gasoline, coal, and
bricks, purchased by the respondent are in excess of $45,000 in value.
Ninety per cent of these raNv materials are shipped to its Ste. Gene-
vieve plant from points outside the State of Missouri. In a normal
year the respondent produces finished lime amounting to in excess of
$75,000 in value, 80 per cent of which is shipped from its Ste. Gene-
vieve plant to points outside the State of Missouri.
We find that the above-described operations constitute a continuous
flow of trade, traffic, 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, exclud-
ing supervisory and clerical employees, employed in the Ste. Gene-
vieve plant of the respondent 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 major-
ity of the employees of the respondent in an appropriate unit desig-
nated 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 to rates of
pay, wages, hours of employment, and other conditions of employment.
932 NATIONAL LABOR RELATIONS BOARD
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
National Labor Relations Act, the National Labor Relations Board
hereby orders that Ste. Genevieve Lime & Quarry Company, Ste. Gen-
evieve, Missouri, its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, and coercing its
employees in the exercise of their right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activi-
ties 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 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 inter-
fere with their employees' right to self-organization, to form, join, or
assist labor organizations, to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities for
the purpose of collective bargaining, or other mutual aid or 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 the respondent, Ste. Genevieve Lime & Quarry Company, has
engaged in unfair labor practices within the meaning of Section 8 (5)
of.the Act, be, and it hereby is, dismissed.