Straits Aggregate & Equipment Corp.

National Labor Relations Board - Board Decisions

Sep 13, 1961

133 N.L.R.B. 108 (N.L.R.B. 1961)

108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployed by the shipper, in the shipping operation, are not employed in
the farming operation, which is independent, even though the shipping
operation has invested in, or owns a share in, the farming operation?
Accordingly, we find that a question affecting commerce exists con-
cerning the representation of employees of the Employer within the
meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act.
4. The appropriate unit.
We find that all truckdrivers and stitchers 10 employed by the Em-
ployer in Arizona, except in Yuma County, excluding all office cleri-
cal employees, watchmen, guards, and supervisors as defined in the
Act, constitute an appropriate unit for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act."
5. In accordance with the usual practice in seasonal operations of
this kind, the Board will direct that the election be held at or about
the approximate seasonal peak, on a date to be determined by the Re-
gional Director, among the employees in the appropriate unit who
are employed during the payroll period immediately preceding the
date of the issuance of the notice of election by the Regional Director.
[Text of Direction of Election omitted from publication.]
Old., p. 768 ; cf. Luca8 County Farm Bureau , etc , 128 NLRB 458, enfd . 289 F. 2d 844
(C.A. 6).
10 The petition was amended at the hearing to delete the classification of "gluers."
11 The parties are in agreement as to the composition of the unit . However, in its
composite brief ( see footnote 1) the Petitioner makes the alternative contention that a
multiemployer unit would be appropriate There is no bargaining history for the em-
ployees of the Employer in the geographical area covered by the instant petition and the
Employer objects to such a unit in its composite brief . Accordingly , a single-employer
unit is found appropriate.
Straits Aggregate & Equipment Corp . and Rogers City Cement
Products, Inc.' and United Stone and Allied Products Work-
ers of America , AFL-CIO-CLC, Petitioner . Case No. 7-RC-
4868. September 13, 1961
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, 'a hearing was held before James P. Kurtz, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman McCulloch and Members Rodgers and
Leedom].
I The petition was amended at the hearing to include Rogers City Cement Products
Inc., hereinafter called Rogers , as an Employer
133 NLRB No. 17.
STRAITS AGGREGATE & EQUIPMENT CORP., ETC. 109
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act .2
2. The labor organizations involved claim to represent certain em-
ployees of the Employer?
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree as to the composition of the unit but are in
dispute as to its scope. The Petitioner seeks an overall unit, consist-
ing of Big Cut, the portables, and Rogers, or, alternatively, two sepa-
rate units, one consisting of Big Cut 'and the portables, and the other
consisting of Rogers.4
Straits has operated permanent facilities for the production of high-
grade washed aggregate at its Big Cut pit since 1953, and portable
units for the production of lower grade unwashed road gravel since
1956 or 1957.5 The first such unit was acquired in 1956 or 1957; the
second, a year after the acquisition of the first; the third in August
1960; and the fourth in February 1961. Straits has continually
broadened the scope of its portable operations, with the portable units
going farther and farther out from Big Cut. The record indicates that
the Employer contemplates extending the area of its portable oper-
ations ianother 200 miles, although this expansion will involve no
increase in equipment or employees.
The Employer's central office at Oscoda handles payrolls and bank
accounts for both Big Cut and the portables, and they are not sepa-
rately maintained. All shipping and invoice records are likewise
2 Straits Aggregate & Equipment Corp , herein referred to as Straits , operates permanent
facilities for the production of high -grade washed aggregate at its Big Cut pit, in Millers-
burg, Michigan , and also operates four portable units, all within 100 miles of each other,
which produce lower grade road gravel . Its wholly owned subsidiary , Rogers, consists of
a block-producing plant located about 150 feet from the Big Cut pit and a distribution
depot at Rogers City, which is located about 30 miles from Big Cut . Rogers converts into
cement blocks raw materials produced or supplied by Straits , and leases its land , plant,
and equipment from Straits . Two men serve as the highest officials for both Straits and
Rogers, one of whom negotiates collective -bargaining contracts for both companies. A
third individual , who is a Straits ' vice president although he has no official position with
Rogers, is in charge of production for both companies As both companies are commonly
owned and are operated as a single integrated enterprise , we find that they constitute a
single employer for jurisdictional and unit purposes As Straits during 1960 purchased
machinery and other supplies in excess of $100,000 from companies within the State of
Michigan, which companies received these goods directly from points outside the State,
we find that the Employer is engaged in commerce and that it will effectuate the purposes
of the Act to assert jurisdiction herein.
S International Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of
America, Local 486, unaffiliated , herein referred to as the Intervenor , was permitted to
intervene on the basis of its contractual interest.
' The overall unit appears to be the Petitioner 's primary choice although its brief is
ambiguous with respect to which alternative is preferred
5 Although it is not clear from the record , it appears that the aggregate produced at
Big Cut is used both for building and road construction , while the gravel produced by the
portables is used only for road construction.
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintained at Oscoda. Officials of Straits are responsible for
collective-bargaining negotiations, overall policy, the ultimate settle-
inent of grievances, and the supervision of production, although there
is a local supervisor over the portable operations who participates in
the initial stages of grievance matters, and who has authority to hire
and fire.6
Straits has had contracts with the Intervenor covering both its Big
Cut and portable operations since 1957. Its most recent contract was
executed on April 1, 1958, to be effective from that date until April 1,
1961, with provision for automatic renewal thereafter. The wage
schedule which is a part of this agreement covers both Big Cut and
portable job classifications, with no appreciable difference in wage
rates' except for a provision that employees working on portable
jobs away from Millersburg shall receive an additional 20 cents
an hour.
Prior to the fall of 1960, there was companywide seniority; accord-
ingly, when Big Cut employees were laid off during the winter slack
season," they would exercise their rights by "bumping" the portable
employees. To eliminate this "bumping" practice, Straits, on Oc-
tober 6, 1960, wrote the Intervenor that it planned to establish sepa-
rate seniority rosters for Big Cut and the portables, that the employees
should choose which roster they preferred, and that separate contracts
should be negotiated. This letter was read to the employees at a meet-
ing held by the Intervenor on October 16, 1960, at which time the
employees approved the separation of rosters and made their choices.
On November 1, 1960, separate seniority rosters were established.
Thereafter, when layoffs were made at Big Cut, Big Cut employees
went to work on available portable jobs but they maintained their
seniority at Big Cut.
The portables have their own maintenance man, but some of their
repair work is also performed by Big Cut maintenance men.
The factors stressed by the Employer and the Intervenor as war-
ranting the establishment of separate units of Big Cut and portable
employees are: (1) the difference in the products produced; (2) the
20-cent wage differential; (3) the local supervision exercised over
the portables; (4) the increase in the number of portables and in the
area of their operations; and (5) the contemplated execution of sepa-
rate contracts. We find, however, that these factors are insufficient to
9 The record is not clear with respect to the purchase of supplies : at one point there
is testimony to the effect that all supplies for the portables are purchased through the
central office at Oscoda ; at another , that the local supervisor orders materials.
7 There is currently a 5-cent pay differential between the hourly pay of portable helpers
as compared to that of plant helpers. Although these two categories received equal pay
from 1958 to 1960 , since October 1, 1960, portable helpers have earned $2.01 while plant
helpers have earned $2.06
8 The number of employees at Big Cut varies from a maximum of 35 during the summer
peak season to a low of 2 after the winter layoffs . It appears that the number of em-
ployees at the portable units is more stable, averaging about five employees a unit.
STRAITS AGGREGATE & EQUIPMENT CORP., ETC. 111
warrant a departure from the historic bargaining unit. Although
there is separate immediate supervision , Big Cut , and the portables
are commonly owned, controlled , and administered . The employees
at both operations are engaged in the production of stone for the con-
struction of roads and/or buildings , and all employ basically simi-
lar skills at comparable wage rates . We do not find the community
of interests which is thus shared by the Big Cut and portable em-
ployees is affected by the expansion in the number of portables and in
the area of their operations . Moreover , we are not persuaded that the
Employer 's establishment of separate seniority rosters and its con-
templated execution of separate contracts warrants the division of the
historic unit, particularly in view of the fact that employees have
transferred from Big Cut to the portables subsequent to this sepa-
ration of rosters.' Accordingly , we find that the appropriate unit here
includes both the Big Cut and portable operations.
Straits acquired the Rogers operation in February 1958, at which
time it consisted of a cement -block producing plant and sales outlet
in Rogers City. Thereafter, a contract was executed between Rogers
and the Intervenor , containing different job classifications and a lower
wage structure from those under the existing Straits' contract. How-
ever, although the Rogers ' contract was executed on May 19, 1958, it
was given a termination date of April 1 so that, according to the testi-
mony of the Employer, future contracts for Straits and Rogers could
be negotiated at the same time.
After operating the Rogers ' facilities in Rogers City for 2 years,
Straits transferred the Rogers cement-block producing operation to
a plant which it built at Millersburg so that it would be adjacent to
the source of raw materials at Big Cut . 10 Straits ' employees assisted
in the construction of the plant , which was built partially on land
already owned by Straits , and partially on land leased by Straits spe-
cifically for the plant . The relocation of the plant involved no change
in personnel or job classifications . Currently , the Big Cut pit and the
Rogers plant are partially enclosed by the same industrial fence, and
their employees use the same entrances . Rogers' equipment is repaired
at the Big Cut shop , and all of its maintenance work is performed by
Big Cut maintenance men.
Rogers has a local supervisor, but its overall production supervisor
is an officer of Straits. The central office at Oscoda handles all pay-
rolls and records for both companies, although the accounts are main-
tained separately . This office also handles all purchasing for both
companies , with the exception of purchases of Rogers ' cement.
We find that the Big Cut and Rogers operations , by virtue of their
close proximity, functional integration, and common ownership and
e Accord : Virginia-Carolina Chemical Corporation, 128 NLRB 446.
10 The sales outlet at Rogers City was retained , and currently has one employee.
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
control may appropriately belong in the same unit.li However, in
view of the history of bargaining for separate units, which units were
not merged subsequent to the plant's relocation, we find that separate
units may also be appropriate.12 Accordingly, we find that, in these
circumstances, either an overall unit consisting of Big Cut, the port-
ables, and Rogers, or two separate units, one consisting of Big Cut and
the portables, and the other of Rogers, may be appropriate for pur-
poses of collective bargaining.
5. The Petitioner, in its brief, requests the Board to rule on the
eligibility of casual or summer employees hired by the Employer dur-
ing its peak summer season. No party has taken a position with re-
spect to the eligibility of these individuals, and the record is incom-
plete with respect to their tenure of employment. If the Employer
year after year draws its seasonal employees from the same labor
force, composed primarily of former employees, if they work together
with and under the same conditions as permanent employees, and their
tenure of employment is such as to give them a sufficient interest in
employment conditions so as to warrant their inclusion in the unit,
they would be eligible to vote.13 If, on the other hand, they are casual
employees who do not have a sufficient community of interests with the
permanent employees, they would be ineligible to participate in the
election.14 As the record is inadequate to permit resolution of this
issue, we shall permit them to vote subject to challenge.
In view of the above findings, we shall make no final unit determina-
tion at this time but shall direct separate elections by secret ballot
among the employees in the following voting groups, including in each
group crew leaders and working foremen,15 but excluding from each
group office clerical employees and supervisors as defined in the Act.
Voting group 1: All production and maintenance workers, includ-
ing truckdrivers, at the Employer's Big Cut pit operation at Millers-
burg, Michigan, and all its portable units.
Voting group 2: All production and maintenance workers, includ-
ing truckdrivers, at the Employer's block-producing plant at
Millersburg, Michigan, and its distribution depot at Rogers City,
Michigan.1e
If a majority of the employees in each of the voting groups votes for
the Petitioner, both groups will be merged into a single overall unit,
which, under the circumstances, we find to be appropriate and in such
event a certification of representatives shall issue to Petitioner for
"Accord : Consolidated Cement Corporation , 117 NLRB 492, dissent on other grounds ;
Gaspro, Ltd ., 114 NLRB 833, 835.
' Accord : Gibbs Oil Company, et al. , 120 NLRB 1783, 1786.
13 Knouse Foods Co-operative , Inc., 131 NLRB 801.
14 Mission Pak Company, 127 NLRB 1097.
1s The parties stipulated to the nonsupervisory status of crew leaders and working
foremen, and to the supervisory status of certain other individuals.
16 The parties stipulated that the individual employed at the Rogers' distribution depot
was included in the Rogers ' contractual unit.
REYNOLDS ELECTRICAL & ENGINEERING COMPANY, INC. 113
such unit. If a majority of the employees in only one of the voting
groups votes for the Petitioner or a majority of the employees in either
voting group votes for the Intervenor,i' the employees in each voting
group shall constitute a separate unit, which, under the circumstances,
we likewise find to be appropriate. In the event that a majority of
the employees in either of the voting groups votes for no labor organi-
zation, they shall be unrepresented. The Regional Director is in-
structed to issue the appropriate certification or certifications of rep-
resentatives or results dependent on the outcome of the elections.
[Text of Direction of Elections omitted from publication.]
"The Intervenor has indicated its desire to appear on the ballot in any unit or units
found appropriate.
Reynolds Electrical & Engineering Company, Inc., Petitioner
and Teamsters , Chauffeurs, Warehousemen & Helpers Local
Union 631 , affiliated with the International Brotherhood of
Teamsters , Chauffeurs , Warehousemen and Helpers of
America. Case No. 20-RM-368. September 13, 1961
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Joseph L. Meagher, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer performs construction work and provides various
services for the Atomic Energy Commission at test sites in Nevada.
The Employer's medical division, a subdivision of its department of
health, welfare and safety, maintains, on one site, a dispensary and
five outlying first-aid stations 30 to 50 miles distant, and on a neigh-
boring site, a sixth first-aid station, 150 miles distant. In addition to
a resident physician, who is head of the medical division, there are in
this division 20 employees, including 2 registered nurses, a pharmacist,
a laboratory technician , an X-ray technician, and 15 first-aid
attendants.
133 NLRB No. 28.
624067-62-vol. 133-9