Superior Lime & Hydrate Co.

National Labor Relations Board - Board Decisions

Jul 25, 1941

33 N.L.R.B. 794 (N.L.R.B. 1941)

In the Matter of SUPERIOR LIME & HYDRATE Co. and LOCAL 149.
INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS
Case No. R-2699.-Decided July ^05, 1941
Jurisdiction : lime manufacturing and fluxing stone quarrying industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; agreed pay roll to determine eligibility ;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding clerical and supervisory employees ; agreement as to.
Graham & Wingo, by Mr. N. A. Graham, Jr., of Birmingham, Ala.,
for the Company.
Mr. James A. Lipscomb and Mr. C. L. Pegues, of Bessemer, Ala.,
for the Union.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 2, 1941, Local 149, International Union of Mine, Mill &
Smelter Workers, herein called the Union, filed with the Regional
Director for the Tenth Region (Atlanta, Georgia) a petition alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of Superior Lime & Hydrate Co., Pelham, Ala- -
bama, herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
June 10, 1941, 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 June 24, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 2, 1941, before Earle
33 N. L . R. B, No 142.
794
I
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SUPERIOR LIME & HYDRATE CO. 795
K. Shawe, the Trial Examiner duly designated by the Chief Trial
Examiner . The Company and the Union were represented by counsel,
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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
I. THE BUSINESS OF THE COMPANY
Superior Lime & Hydrate Co., an Alabama corporation, has its
principal office and place of business at Pelham, Alabama, where
it is engaged in the manufacture of lime and quarrying of fluxing
stone. In 1940 the Company manufactured and quarried lime and
fluxing stone valued at approximately $36,600, of which approximately
25 per cent was shipped to points outside the State of Alabama. In
the conduct of its operations during 1940 the Company purchased
paper bags valued at approximately $2,526, all of which were shipped
from States other than Alabama. Approximately 40 employees are
employed in the operation of the Company's plant. The Company
admits that it is engaged in commerce within the meaning of the
Act.
H. THE ORGANIZATION INVOLVED
Local 149, International Union of Mine, Mill & Smelter Workers,
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to its membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
-The Union began to organize the Company's employees in 1933 and
soon thereafter obtained its local charter. In 1936 the Union became
inactive and did not renew its organizing efforts until March 1941.
On March 25, 1941, due to financial difficulties, the Company was
unable to meet its pay roll, and on April 1, 1941, was forced to dis-
continue operations.' On April 24, 1941, while the Company's plant
3 At the time of the hearing, the Company had been unable to obtain sumcient financial
assistance to. permit it to resume operations , but expressed the intention of reopening
its plant when and if it secured the loan which it was then endeavoring to negotiate.
The Cotiipuriy 'further stated at the hearing that it was willing to reemploy all em-
oloyees on its pay roll at the time the plant closed.
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was still closed, the Union sought recognition by the Company as the
bargaining representative of its employees and submitted a proposed
contract. The Company refused to accord such recognition or to
enter into negotiations with the Union.
From a statement made by the Trial Examiner at the hearing,
following his examination of authorization cards submitted by the
Union, it appears that the Union represents a substantial number'of
employees within the unit alleged to be appropriate.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
It was agreed by all parties at the hearing, and we find, that all
production and maintenance employees of the Company, excluding
clerical and supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining. We find further 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 effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The Union and the Company agreed that
eligibility of the employees to vote shall be determined by the pay-roll
period immediately preceding March 31, 1941 , the last date on which
the Company operated its plant . We shall direct that all employees
of the Company in the appropriate unit whose names appear on the
Company's pay roll immediately preceding March 31, 1941 , subject
to such limitations and additions as are set forth in the Direction of
Election herein, shall be eligible to vote in the election.
2 The Union submitted 'to the Trial Examiner, 20 cards, all of which were signed in
April 1941 and appeared to bear genuine signatures of employees listed on the Company's
pay roll of March 31, 1941. As of March 31, 1941, there were 31 employees in the
appropriate unit.
SUPERIOR LIME & HYDRATE CO. 797
Upon the basis of the above findings of fact and upon the entire
iecord in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A- question affecting commerce has arisen concerning the rep-
resentation of employees of Superior Lime & Hydrate Co., Pelham,
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, ex-
cluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective 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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DiRECrEn that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Superior Lime & Hydrate Co., Pelham, Alabama, 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 Director for the Tenth
Region, acting as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees who were employed by the
Company during the pay-roll period immediately preceding March 31,
1941, 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 clerical and supervisory employees, and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Local 149, International Union of
Mine, Mill & Smelter. Workers, for the purpose's of collective
bargaining. -