Blue Rock, Inc.Download PDFNational Labor Relations Board - Board DecisionsDec 8, 195092 N.L.R.B. 581 (N.L.R.B. 1950) Copy Citation In the Matter of BLUE ROCK, INC., EMPLOYER and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNIONS No. 18-18A-18B- 18C, AFL AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN &C HELPERS, LOCAL No. 143, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN c^ HELPERS OF AMERICA, AFL, PETITIONERS Cases Nos. 9-RC-887 and 9-RC-894.-Decided December 8, 1'950 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed-under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before William A. McGowen, 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 [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer,.an Ohio corporation, located at Greenfield, Ohio, is engaged in quarrying, and processing limestone and in the prepara- tion of "hot mix" and asphalt for road paving. All of its operations are carried on within the State of Ohio. During the year ending November 30, 1949, the Employer purchased supplies and raw mate- rials totaling $114,000, all within the State of Ohio, although asphalt oil valued at $54,000 was shipped from a point in Illinois. During the same period the Employer's sales totalled $446,000. All sales were made within the State of Ohio, except for sales valued at $6,388 made to the West Virginia State Highway Commission. How- ever, included in the sales made during 1949 was $107,000 worth of crushed limestone. sold to three railroads : The Detroit, Toledo, and Ironton; the Norfolk and Western; and the Baltimore and Qhio. This crushed limestone was used by these railroads as ballast in supporting the railway ties. Upon the foregoing facts we find, contrary to the Employer's contention, that its operations affect commerce within the meaning of the Act. Moreover, as the Employer furnished materials, valued in excess of $50,000, necessary to the operations of railroads, we find that 92 NLRB No. 115. 581 582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD it will effectuate the purposes of the Act to exercise jurisdiction over the Employer's operations., 2. The labor organizations involved claim to represent certain employees 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 appropriate units: The parties. agree, and we find that the following groups of em- ployees of the Employer at its Greenfield, Ohio, plant, excluding in each case office and clerical employees, guards, and supervisors as defined in the Act, constitute separate units appropriate for the. purposes of collective bargaining within the meaning of Section 9 (b) of the Act : (a) All truck drivers, helpers, and plant laborers.2 (b) All employees operating portable and stationary mechanical equipment and mechanics used on said equipment, excluding employees in unit (a).3 [Text of Direction of Elections omitted from publication in this volume.] 1 Hollow Tree Lumber Company , 91 NLRB 635 ; Edward Besch & Sons, 92 NLRB 5211. R A dispute exists as to the unit placement of three employees classified as clean -up men. The Teamsters desires their inclusion in its unit ; the Operating Engineers desires that they be excluded from its unit ; however, the Employer contends that they should be included in the unit sought by the Operating Engineers . Because their functions are allied to those performed by the general plant laborers , and because they are called upon, on occasion , to drive trucks, we believe that their interests are more closely related to those of the employees in the unit sought by the Teamsters, and we include them in that unit. 3 In accordance with the agreement of the parties this includes the shovel and crane operators , crusher, roller , and well -drill operators , the shop mechanics , millwrights , batch- men, boilermen , and mixermen. Copy with citationCopy as parenthetical citation