United States Gypsum Co.

National Labor Relations Board - Board Decisions

Sep 2, 1948

79 N.L.R.B. 451 (N.L.R.B. 1948)

In the Matter Of UNITED STATES GYPSUM COMPANY, EMPLOYER and
UNITED GAS. COKE AND CHEMICAL WORKERS oF(-AME , %A, CIO,
PETITIONER
Case No. 7-RC-44
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
September 2, 1948
On June 10, 1948, the National Labor Relations Board issued a
Decision and Order in this proceeding.' The Board therein found,
among other things, that a local union, Local 371, which was affiliated
with the Petitioner, existed among the employees of the Employer
involved in the proceeding. Because it appeared that Local 371,
which had not complied with the filing requirements of Section 9 (f)
and (h) of the Act, was at least a joint party in interest in this pro-
ceeding, the Board dismissed the petition filed by the Petitioner.
Thereafter, on June 24, 1948, the Petitioner filed a Motion for Re-
consideration in which it (1) alleged that since the issuance of the
afore-mentioned Decision and Order, Local 371 had complied with
the filing requirements of the Act; and (2) requested that the Board
reconsider its decision.- On June 30, 1948, the Employer filed a State-
ment in opposition to the Petitioner's motion.
It appears that Local 371 is now in compliance with the filing re-
quirements of Section 9 (f) and (h) of the Act. It does not appear,
however, nor has it been alleged, that, since the issuance of the afore-
mentioned Decision and Order, either a contractual interest adverse
to the Petitioner's. claim has arisen, or an opposing claim has been
made upon the Employer. Accordingly, in order to facilitate the
process of collective bargaining and thereby effectuate the purposes of
the Act, we hereby rescind our Order, dated June 10, 1948, and hereby
reopen this proceeding.
Upon the entire record in this case, the Board finds :
1 77 N L. R B. 1098
2 The Petitioner' s request for oral argument , made in its motion, is denied.
79 N. L. R. B., No. 64.
451
452 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. The Petitioner is a labor organization affiliated with the Con-
gress of Industrial Organizations, claiming to represent employees of
the Employer.
2. 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.
3. The following employees of the Employer constitute a unit ap
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All production and maintenance employees at the Employer's
Alabaster, Michigan, gypsum quarry, excluding office and clerical
employees, technical employees, laboratory employees, professional
employees, guards, watchmen, the blaster, track crew leaders, marine
dispatchers, the quarry superintendent, the works manager, the mill
superintendent, the chief electrician, foremen, and other supervisors
as defined in the Act.3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
,secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Seventh Region and sub-
ject to Sections 203.61 and 203.62 of National Labor Relations Board
Rules and Regulations-Series 5, among the employees in the unit
found appropriate in paragraph numbered 3, above, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the ' date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or` not they desire to be represented, for purposes of collective bargain-
ing, by United Gas, Coke and Chemical Workers of America, CIO.4
3 We find , in accordance with the contention of the Employer and contrary to the con-
tention of the Petitioner , that the blaster, the track crew leaders , and the marine dis-
patchers are supervisors
4In accordance with the Board ' s Supplemental Decision in Matter of Lane-Wells Com-
Pany , 79 N L R B 252 . issued on August 30 , 1948 . we are directing that the Petitioner
alone be placed on the ballot . In the Supplemental Decision in the Lane- Wells case, Board
Members Reynolds and Gray indicated their disagreement with the majority of the Board
on the issue of placing on the ballot an international union and omitting therefrom a com-
plying local union which was it real party in interest . However, inasmuch as the majority
position now has the status of Board law , they deem themselves bound thereby , and con-
sequently find it unnecessary to reiterate their prior dissenting views