The Barre Granite Association, Inc.

National Labor Relations Board - Board Decisions

Apr 25, 1945

61 N.L.R.B. 734 (N.L.R.B. 1945)

In the Matter of THE BARRE GRANITE ASSOCIATION, INC. and ADAMS
GRANITE CO., ANDERSON-FRIBERG Co., E. J. BATCHELDER Co., BECK &
BECK, BuTTu A & SONS, COMOLLI & CO., COOK, WATKINS & PATCH,
INC., GIuDICI BROTHERS & Co., H. P. HINMAN Co., HOYT & MILNE,
INC., JOHNSON & GUSTAFSON, JONES BROTHERS CO., INC., LAWSON
GRANITE Co., NOVELLI & CALCAGNI, INC., PEERLESS GRANITE Co., ROCK
OF AGES CORP., WALDRON Sll IELD CO., INC., USLE && PEROJO GRANITE
CO., VALZ GRANITE Co., WHITE GRANITE CO., CAPITOL GRANITE CO.,
EXCELSIOR GRANITE CO., CROSS BROTHERS CO., INC. and THE GRANITE
CUTTERS INTERNATIONAL ASSOCIATION OF AMERICA, AFL
Case No. 1-.R-227II.Decided April 2'5, 1945
Finn d Monti, by Mr . John J. Finn, of Barre, Vt., for the Associa-
tion.
Mr. James L. Beggs, of Barre, Vt., for Waldron Shield Co., Inc.
Mr. Herman H. Cross, of Barre, Vt., for Cross Brothers Co., Inc.
Mr. TV. J. Beck , of Barre, Vt ., for Beck & Beck and Novelli &
Calcagni, Inc.
Mr. James L. White , of Barre, Vt., for White Granite Co.
Mr. H. Giuudici , of Barre, Vt ., for Giudici Brothers & Co.
Mr. T. Tracey Lawson, Barre , Vt., for the remaining Companies.
Mr. Frank Ozella , of Barre, Vt., for the Union.
Mr. Harry Nathanson , of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by The Granite Cutters International
Association of America, AFL, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Barre Granite Association, Inc., Barre, Vermont,
herein called the Association, and Adams Granite Co., Anderson-
Friberg Co., E. J. Batchelder Co., Beck & Beck, Buttura & Sons.
61N L. R. B, No 117
734
THE BARRE GRANITE ASSOCIATION, INC. 735
Comolli & Co., Cook, Watkins & Patch, Inc., Giudici Brothers & Co.,
H. P. Hinman Co., Hoyt & Milne, Inc., Johnson & Gustafson, Jones
Brothers Co., Inc., Lawson Granite Co., Novelli & Calcagni, Inc.,
Peerless Granite Co., Rock of Ages Corp., Waldron Shield Co., Inc.,
Usle & Perojo Granite Co., Valz Granite Co., and White Granite Co.,
all of Barre, Vermont, Capitol Granite Co. and Excelsior Granite Co.,
both of Montpelier, Vermont, and Cross Brothers Co., Inc., Northfield,
Vermont, hereinafter collectively called the Companies, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Robert E. Greene, Trial Examiner. Said hearing was
held at Barre, Vermont, on March 1, 1945. The Association, the Com-
panies, and the Union appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. At the
hearing the Association and the Companies moved to' dismiss the
petition and the Trial Examiner referred the motion to the Board for
determination. For reasons set forth in Section IV, infra, the motion
is denied in part and granted in part. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the follow-
ing :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANIES
Adams Granite Co., Anderson-Friberg Co., E. ,J. Batchelder Co.,
Beck & Beck, Buttura & Sons, Comolli & Co., Cook, Watkins &
Patch, Inc., Giudici Brothers &-, Co., H. P. Hinman Co., Hoyt & Milne,
Inc., Johnson & Gustafson, Jones Brothers Co., Inc., Lawson Granite
Co., Novelli & Calcagni, Inc., Peerless Granite Co., Rock of Ages
Corp., Waldron Shield Co., Inc., Usle & Perojo Granite Co., Valz
Granite Co., White Granite Co., Capitol Granite Co., Excelsior
Granite Co., Cross Brothers Co., Inc., are Vermont companies severally
engaged in cutting, designing, and finishing monumental and building
stone. Most of the stone is quarried in the vicinity of Barre, Ver-
mont. However, some of the stone is shipped to the Companies from
other States in the United States and foreign countries. The gross
annual business of the smallest company amounts to $25,000 and that
of the largest is in excess of $1,000,000. Approximately 50 percent
of the stone quarried by each company is shipped outside the State
of Vermont.
Each of the Companies admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
The Granite Cutters International Association of America, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Companies.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Association and the Companies have refused to grant recog-
nition to the Union as the exclusive bargaining representative of the
Companies' draftsmen until the Union has been certified by the Board
in an appropriate unit.
A statement of the Trial Examiner indicates that the Union repre-
sents a substantial number of employees in the units hereinafter found
appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of Rock of Ages Corp., Cook, Watkins
R Patch, Inc., Jones Brothers Co., Inc., and Waldron Shield Co., Inc.,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act?
IV. THE APPROPRIATE UNITS
Approximately 75 employers in the granite industry in the vicinity
of Barre, Vermont, including the Companies, comprise the member-
ship of the Association. It appears that the Companies are the only
members who employ draftsmen. The Union seeks a single unit of all
draftsmen of the Companies, or, in the alternative, 23 separate com-
pany-wide units of such employees. The Association asserts that it
has no authority to represent the Companies with respect to collective
bargaining, and while the Companies do not object to proper com-
pany-wide units, they contend that a multiple-employer unit of drafts-
men is inappropriate.
Although certain classifications of workers employed by the Com-
panies have been covered by collective bargaining agreements with
unions on the basis of multiple-employer units, there has been no his-
tory of collective bargaining with respect to the Companies' drafts-
men.' Contracts encompassing multiple-employer units have been
'The Trial Examiner reported that the Union submitted 26 application for membership
cards hearing apparently genuine signatures , all dated within the past 6 months The
cards submitted were as follows 7 for Rock of Ages Corp ; 8 for Usle & Perojo Gianite Co ;
2 for Cook , Watkins & Patch , Inc , 2 for Jones Brothers Co , Inc . ; 2 for Waldron Shield
Co , Inc , 2 for White Granite Co , and 1 for each of the remaining Companies
2Inasmuch as we later conclude that only employees of these Companies comprise appro-
priate units, we find that no questions affecting commerce have arisen concerning the
representation of employees of the remaining Companies
2 At present , members of the Association are bound by a contract with the Union and,
by an agreement with Montpelier Branch No 8, Barre Branch No 11, and Northfield
Branch No 14, United Stone and Allied Product Workers of America , CIO; draftsmen
are not embraced by these agreements.
THE BARRE GRANITE ASSOCIATION, INC. 737
negotiated and signed by a committee of manufacturers unrelated to
the Association. Since at least 1921 the Association has not partici-
pated in negotiations with labor organizations; it has no authority to
represent its members in matters pertaining to collective bargaining.
Moreover, it is plain that, insofar as their draftsmen are concerned,
the Companies desire to pursue individualistic courses and do not wish
to act concertedly. From the foregoing facts, we are not persuaded
that the establishment of a multiple-employer unit of draftsmen is
warranted and we conclude that separate company-wide units of such
employees are appropriate.'
It appears, however, that only the following Companies employ two
or more draftsmen : Rock of Ages Corp., Cook, Watkins & Patch, Inc. ;
Jones Brothers Co., Inc.; Waldron Shield Co., Inc., and White Granite
Co. And, of the two draftsmen employed by White Granite Co., one
is a supervisory employee within the meaning of our customary defi.
nition. Since the Act does not empower the Board to certify collective
bargaining representatives where only one employee is involved 5 We
find that al. draftsmen employed by Rock of Ages Corp.; Cook, Wat-
kins & Patch, Inc. ; Jones Brothers Co., Inc., and Waldron Shield Co.,
Inc., excluding all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action, constitute four
separate units 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 questions concerning representation which
have arisen be resolved by four separate elections by secret ballot
among the employees in the appropriate units who were employed
during the pay-roll period immediately preceding the date of the Di-
rection of Election herein, subject to the limitations and additions set
forth in the Direction of Election.
DIRECTION OF ELECTIONS
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 Re-
lations Board Rules and Regulations-Series 3, as amended, it is
hereby
4 See Matter of the Pulitzer Publishing Company , etc, 57 N. L R . B 1639, and Matter
of George F. Carleton it Company , 54 N L It. B. 222
5 Matter of H Rosenhirsch Company, 38 N L R B 619 As we stated in that case,
this does not mean that a single employee may not designate a representative to act for
him; he had such a right without the Act and the Act in no way limits the right.
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Rock of Ages
Corp. ; Cook, Watkins & Patch, Inc. ; Jones Brothers Co., Inc., and
Waldron Shield Co., Inc., all of Barre, Vermont, four separate elec-
tions 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 First
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate 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 the 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 them-
selves in person at the polls, but excluding any who have since quit or
been discharged for cause and -have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by The Granite Cutters International Associ-
ation of America, AFL, for the purposes of collective bargaining.
ORDER
On the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives filed herein by The Granite Cutters
International Association of America, AFL, be, and it hereby is, dis-
missed, insofar as it affects The Barre Granite Association, Inc., Barre,
Vermont; and employees of Adams Granite Co., Anderson-Friberg
Co., E. J. Batchelder Co., Beck & Beck, Buttura & Sons, Comolli & Co.,
Giudici Brothers & Co., H. P. Hinman Co., Hoyt & Milne, Inc.,
Johnson & Gustafson, Lawson Granite Co., Novelli & Calcagni, Inc.,
Peerless Granite Co., Usle & Perojo Granite Co., Valz Granite Co., and
White Granite Co., all of Barre, Vermont, Capitol Granite Co., and
Excelsior Granite Co., both of Montpelier, Vermont, and Cross
Brothers Co., Inc., Northfield, Vermont.