Piedmont Granite Quarries

In the Matter of COGGINS GRANITE AND MARBLE INDUSTRIES INC. D/B/A PIEDMONT GRANITE QUARRIES and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA Case No. B-5057.-Decided April 2, 1943 Jurisdiction : granite quarrying industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by the Board ; election nec- essary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding supervisory and clerical employees, watchmen, and chief sawyers ; stipulation as to. Mr. Raymonde Stapleton, of Elberton, Ga., for the Company. Mr. J. B. Foreman, of Elberton, Ga., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Stone and Allied Products Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Coggins Granite and Marble Industries, Inc., d,/b/a Pied- mont Granite Quarries, 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 Elberton, Georgia, on March 22, 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 Exam- iner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 48 N. L R. B., No. 107. 927 928 DECISIONS OF NATLONAL LABOR RELATIONS BOAjRD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Coggins Granite and Marble Industries,. Inc., d/b/a Piedmont Granite Quarries, is a Georgia corporation operating a granite quarry at Elberton, Georgia. During 1942 the Company purchased raw ma- terials valued at about $15,000, approximately. 95 percent of which was shipped to it from points outside the State of Georgia. During the same period the Company sold finished products valued at about $100,000, 'approximately 90 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 at its Elberton operations. . II. THE ORGANIZATION INVOLVED United Stone and Allied Products Workers of America is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 25, 1943, the Union requested the Company to recog- nize it as the exclusive representative of the employees at the Elberton quarry of the Company. IThe Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence during the hearing, indicates that the Union represents a substantial number 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Piedmont Granite Quar- ries of the Company, excluding supervisory and clerical employees,, watchmen, and chief sawyers, constitute a unit appropriate ,for the purposes of collective bargaining, within the meaning ^ of, Section 9 (b) of the Act. ' The Field Examiner reported that the Union presented 35 membership application cards bearing apparently genuine signatures of persons whose names appear on the march 4, 1943, pay roll of the Company. There are approximately 35 persons in the appropriate unit. PIEDMONT GRANITE QUARRIES 929 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has. arisen be resolved by means of an election by •secret,ballot.amon_ they employees in the appropriate unit who were employed during the pay-roll period; immediately preceding,the date of the Directioi of Election herein; subject to the limitations,,and ,addition's,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 Rela- tions 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- tives for the purposes of collective bargaining with Coggins Granite and Marble Industries , Inc., d/b/a Piedmont Granite Quarries , Elber- ton, 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 Direc- tor for the Tenth Region, acting in this matter as agent for the Na- tional 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 any such 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 United Stone - and ' Allied Products Workers of America for the purposes of collective bargaining.