Standard Lime & Stone Co.

National Labor Relations Board - Board Decisions

May 31, 1943

50 N.L.R.B. 34 (N.L.R.B. 1943)

In' the Matter of STANDARD LIME & STONE COMPANY and UCW,
DivIsIoN OF DISTRICT 50, UM`VA AND LOCAL No. 202 ,
Case No. R-4959
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 31, 1943
Oil March 23, 1943, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election on
April 28 a Supplemental Decision and Second Direction of Election,
in the above-entitled proceeding. Pursuant to the Direction of the
Second Direction of Election a run-off election by secret ballot' was
conducted on May 13 under the direction and supervision of the
Regional Director for the Fifth Region (Baltimore, Maryland). On
May 14 the Director acting pursuant to Article III, Section 10, of
National Labor Relations Board Rules and Regulations-Series 2,'
as amended, issued and duly served upon the parties an Election
Report.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters------------------------ 409
Total ballots cast------------------------------------------- 166
Total ballots challenged------ ----------------
-
--------------- 0
Total void ballots-------------------------- 1
Total blank ballots------------------------------------------ 0
Total valid votes counted------------------------------ ------ ----- 165
Votes cast for UCW, Division of'District 50, UMWA and Local
No 202--------------------------------------------------- 28
Votes cast for United Cement, Lime and Gypsum Workers Inter-
national Union, A F of L------------------------------- 137
Thereafter Standard Lime & Stone Company, herein called the
Company, filed objections and exceptions to the Election Report. The
Company in its exceptions contends that no certification should issue
because a majority of the employees did not participate in the election.
On May 22, 1943, the Regional Director, acting pursuant to Article
1 48 N I, R B 424
50 N L. R B, No. 9.
34
STANDARD LIME & STONE COMPANY 35
III, Section 10, of National Labor Relations Board Rules and' Regu-
lations-Series 2, as amended, investigated the objections and issued
and duly served upon the parties his report thereon. The investiga-
tion discloses and, we find that the employees had adequate notice
and full opportunity to express their desires at the election.2 We
have consistently held that a majority of votes cast in such an election
is probative of the choice of "the majority of the employees" within
the meaning of Section 9 (a) of the Act.3 Here it is clear that a
substantial majority of those participating voted for the United
Cement, Lime and Gypsum Workers International Union, A.F. of L.
We find that the objections have no merit and they are hereby
overruled.
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT is HEREBY CERTIFIED that United Cement, Lime and Gypsum
Workers International Union, A. F. of L., has been designated and
selected by a majority_of all production and maintenance employees
of Standard Lime & Stone Company, at its Martinsburg,, West Vir-
ginia, plant; including the sample carriers, but excluding all watch-
men, chemical and physical analysts, supply clerks and all other
clerical employees, and all supervisory employees with the rank of
foreman or above, as their representative for the purposes of collective
bargaining, and that pursuant to Section 9 (a) of the Act, United
Cement, Lime and Gypsum Workers International Union, A. F. of L.,
is the exclusive representative of all such employees for the purposes
of collective bargaining, with respect to rates of pay, wages, hours
of employment, and other conditions of employment.
3 See Matter of The Central Dispensary & Emergency Hospital and Building Service
Employees' International Hospital, A. F. of L., 46 N L R. B 437, and cases cited therein.
3 Matter or RCA Manufacturing Company, Inc and United Electrical & Radio Workers
or Amerioa, 2 N. L R B 159 , and subsequent cases