Rock Island Sand & Gravel Co.

National Labor Relations Board - Board Decisions

Jul 3, 1943

51 N.L.R.B. 41 (N.L.R.B. 1943)

In the Matter of ROCK ISLAND SAND & GRAVEL COMPANY and
BUILDING MATERIALS COUNCIL, A. F. OF L.
Case No. R-6545.-Decided July 3, 1943
Mr. Ben T. Reidy, of Rock Island, Ill., for the Company.
Mr. Frank M. Foster, Mr. Elwin E. Hughes, and Mr. Montie Bisby,
of Rock Island, Ill., for the Council.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Building Materials Council, A. F. of L.,
herein called the Council,' alleging that a question affecting com-
merce had arisen concerning the representation of employees of Rock
Island Sand & Gravel Company, Rock Island, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Lester Asher, Trial Ex-
aminer. Said hearing was held at Rock Island, Illinois, on June 18,
1943. - The Company and the Union appeared, 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.
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
Rock Island Sand & Gravel Company is an Illinois corporation
engaged in mining, processing, and selling sand and gravel, and
i The Council is composed of International Union of Operating Engineers , Local 649, In-
ternational Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of America,
Local 371, and International Hod Carriers , Building & Common Laborers Union of America,
Local 309.
51 N. L. R. B., No. 12.
41
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purchasing and selling coal and building materials at Rock Island,
Illinois. During 1942 the Company's business amounted to about
$300,000. During the same period the Company purchased building
materials valued at about $100,000 for resale, approximately 90 per-
cent of which was shipped to it from points outside the State of
Illinois. Approximately 5 percent of the building materials sold by
the Company was shipped to points outside the State of Illinois. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Building Materials Council is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 10, 1943, the Council requested the Company to recognize
it as the exclusive collective bargaining representative of its employees.
The Company did not reply to this request.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Council represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.'
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
The Council urges that all employees of the Company, excluding
the superintendent, assistant manager, office manager, clerical em-
ployees, and casual laborers, constitute an appropriate unit. The
Company took no position with respect to the unit. Evidence intro-
duced at the hearing indicates that the employees claimed by the
Council constitute a well-defined homogeneous group.
We find that all employees of the Company, excluding the super-
intendent, assistant manager, office manager, clerical employees,.
casual laborers, 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 meaning of Section 9 (b) of the Act.
2 The Regional Director reported that the Council submitted nine authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of June 3, 1943. There are 13 employees in the appropriate unit.
ROCK ISLAND SAND & GRAVEL COMPANY 43
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Council requests that the pay roll of June 3, 1943, be used to
determine eligibility to vote. The Company requests that a current
pay roll be used for that purpose. Inasmuch as no reason appears
as to why we should depart from our usual practice, we shall direct
that the employees eligible to vote shall be those within the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding 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 Rela-
tions 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 Rock Island Sand
& Gravel Company, Rock Island, Illinois, 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 super-
vision of the Regional Director for the Thirteenth 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 any who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Building Materials Council, A. F. of L., for the purposes of
collective bargaining.