American Granite Quarries, Inc.

National Labor Relations Board - Board Decisions

Mar 20, 1943

48 N.L.R.B. 342 (N.L.R.B. 1943)

In the Matter of AMERICAN GRANITE QUARRIES , INC. and UNITED STONB,
AND ALLIED PRODUCTS WORKERS OF AMERICA, LOCAL No. 29
Case No. R-.4979.Decided March 20, 1943
Jurisdiction : granite quarrying industry.
Investigation and Certification of Representatives : existence of question: com -
pany claimed that it was justified in refusing to accord the union recognition
because the union under its former name had, four years ago, lost an election
conducted by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees specifically classified ; stipulation as to.
Mr. Rayronde Stapleton, of Elberton, Ga., for the Company.
Mr. J. B. Foreman, of Elberton, Ga., for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Stone and Allied Products
Workers of America, Local No. 29, herein called the Union, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of American Granite Quarries, Inc.,' Elberton,-
Georgia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Ralph L. Wiggins, Trial Examiner. Said hearing was held at Elber-
ton, Georgia, on March 9, 1943. The'Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Granite Quarries, Inc., is a Georgia corporation with its,
principal office and place of business in Elberton, Georgia. It is
'The petition and other formal papers are hereby amended to show the correct name of
,the Union and the Company.
48 N. L R. B., No. 45.
342
AMERICAN GRANITE QUARRIES; INC.,: 343
engaged in the quarrying, sale, and distribution of granite. During
1942, the Company purchased approximately $15,000 worth of. raw
materials, consisting mainly of shot, steel, oil, powder, and dynamite;
95 percent of which was shipped to it from points outside the State of
,Georgia. During that same period of time, the Company sold finished
products, valued at about $80,000, 95 percent of which was shipped to
points outside the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
• I '
United Stone and Allied Products Workers of America, Local
No. 29,,affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the Com-
pany. '
III. THE QUESTION CONCERNING REPRESENTATION
On 'February 17, 1943, the Union informed the Company that it
represented a majority of its employees and requested recognition as
their collective bargaining representative. The following day the
Company replied that it did not feel justified in granting recognition
since the Union, under its former name of Quarry Workers Interna-
tional Association of America, had lost an election conducted by the
Board in 1938.2 Therefore, the Company refuses to grant exclusive
bargaining rights until the Union is certified by the Board. '
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found ap-
propriate.'
We find that ,,t question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties stipulated, and we find, that all production and main-
tenance employees of the Company, classified as quarrymen, plug
drillers, derrickmen, blacksmith helpers, channel-bar runners or oper-
2
See Matter of Piedmont Granite Quarries, Inc. and Quarry Workers International
Union of North Anier2ca, Local No. 266, et al ., 8 N. L. R.B. 1202; 9 N. L . R. B. 90 and 91 ;
and 11 N L R. A 897.
8 The Field Examiner reported that the Union submitted 30 membership cards, all of
which bore apparently genuine original signatures ; that the names of 25 persons whose'
names appeared on the cards were listed on the Company 's pay roll of February 19, 1943,
which contained • 45- persons in' the appropriate unit ; and that the cards were dated as
follows : 11 in January 1943, 10 in February 1943; and 4 undated.
344 DECISIONS 'OF NATIONAL LABOR REZ.ATION§ BOARD
atdrs, jack hammer-drill runners or operators, blasters, 'gang-saw
helpers, pneumatic-drill operators, head ledgemen, water boys, coin-
mon laborers, and blacksmiths, excluding supervisory and'clerical em-
ployees, watchmen.and chief sawyers, constitute,a unit appropriate for
the purposes of collective bargaining within- the meaning of Section 9
(b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen-be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction' of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations 'Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with American Granite
Quarries, Inc., Elberton, Georgia, 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 in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed'during the pay-roll period immediately preceding. the date of
this direction, including,employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily 'laid
off, and including employees in the armed forces of the United States
who present themselves-in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by United Stone and
Allied' Products Workers of America, Local No. 29, for the purposes
of collective bargaining.
MR. JOHN M. HOUSTON took no part in the* consideration of the
above Decision and Direction of Election.