Blair Limestone Co.

National Labor Relations Board - Board Decisions

Jul 7, 1943

51 N.L.R.B. 110 (N.L.R.B. 1943)

In the Matter of BLAIR LIMESTONE COMPANY and UNITED CEMENT,
LIME & GYPSUM WORKERS INTERNATIONAL UNION , LOCAL 201,
A. F. of L.
Case No. R-5526.-Decided July 7,1943
Mr. James C. Beech, of Pittsburgh, Pa., for the Company.
Mr. Del. Barr, of Martinsburg, W.'Va., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Cement, Lime & Gyp-
sum Workers International Union, Local 201, A. F. 'of L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Blair Limestone
Company, Millville, West Virginia, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert A. Levett, Trial Examiner. Said
hearing was held at Martinsburg, West Virginia, on June 15, 1943.
The Company and the Union appeared, participated, and all parties
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. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Blair Limestone Company, a Pennsylvania corporation with its
principal office and place of business located in Martinsburg, West
I Although served with notice of the hearing , United Stone & Allied Products Workers
of America , C. I. 0., did not appear.
51 N. L. R. B., No. 26.
110
1
BLAIR LIMESTONE COMPANY 111
Virginia, is a wholly-owned subsidiary of Jones & Laughlin Steel
Corporation, of Pittsburgh, Pennsylvania. The Company is engaged
in the quarrying of limestone, dolomite, and fluxing stone; it is also
engaged in the burning of dolomite. In the course of its operations,
the Company operates quarries, crushing and screening plants, and
kilns at Martinsburg, and at Millville, West Virginia. We are con-
cerned herein with the Company's operations at Millville, West Vir-
ginia. During the calendar year 1942, in excess of 200,000 tons of flux-
ing stone, dolomite, lime, and commercial stone, valued at more than
$250,000, were shipped by the Company to points outside the State of
West Virginia. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Cement, Lime & Gypsum Workers International Union, Local
201, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
By letter, dated April 15, 1943, the Union requested recognition of
the Company as the exclusive bargaining agent of its production and
maintenance employees. The Company refused to extend such recog-
nition unless and until the Union has been certified by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a 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
Both parties are agreed that a unit appropriate for the purposes of
collective bargaining should include all production and maintenance
employees, but exclude supervisory employees with the rank of foreman
and above;'as well as clerical employees. The parties, however, dis-
agree with regard to the status of one Charles Meyers.
Meyers spends one-third of his time performing office-clerical work,
another third as a plant clerical, and the balance of his time as a produc-
tion employee. There are no other employees performing plant cleri-
cal work. Since Meyers spends the majority of his time in regular
2 The Field Examiner reported that the Union submitted 8,) authorization cards beaiing
apparently genuine original signatures , of which 83 bore the names of persons appearing
on the Company's pay roll of April 30, 1943. Said pay roll contained the names of 103
persons in the appropriate unit.
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
production work and plant clerical work closely associated therewith,
we shall include him within the unit as a production employee.
We find, therefore, that all production and maintenance employees
of the Comany at its Millville, West Virginia, plant, excluding office
clerical employees and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 Election
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 representa-
tives for the purposes of collective bargaining with Blair Limestone
Company, Millville, West Virginia, 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 Fifth 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 employed
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 employees
who have since quit or been discharged for cause , to determine whether
or not they desire to be represented by United Cement, Lime & Gypsum
Workers International Union, Local 201, A. F. of L. for the purposes
of collective bargaining.