Elberton Granite Industries

In the Matter of EII3ERTON GRANITE INDUSTRIES and UNITED STONE AND ALLIED PRODUCTS'WORKERS OF AMERICA Case No. R-51,09.-Decided April,22,1943 Mr. Clarence L. McLana/aan, of Elberton, Ga., for the Company. Mr. J. B. Foreman, of Elberton, Ga., for the Union. Mr. Lowis 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 Elberton Granite Industries, Elberton, Georgia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before E. C. Catts, Trial Examiner. Said hearing was held at Elberton, Georgia, on April 7, 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. Upon the entire record in the,case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Elberton Granite Industries is a Georgia corporation operating a granite quarry at Elberton, Georgia. During 1942 the Company pur- chased supplies-valued at about $5,000, a substantial portion of which was shipped to it from points outside the State of Georgia. During the same period the Company sold finished products valued in excess of $100,000, approximately 45 percent of which was shipped to points 49 N L. R. B., No 2. 4 ELBERTON GRANITE IINDUSTiRIES 5. 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 March 8, 1943, the Union requested the Company to recognize it- as the exclusive representative of the employees at the, Elberton quarry of the Company. The 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 employees in and about the quarries of the Company, excluding offi- cials, 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. 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 among the employees 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 I The Field Examiner reported that the Union presented 21 membership application cards bearing apparently genuine signatures of persons whose names appear on the Dlaich 18, 1943, pay roll of the Company. There are approximately 32 persons in the appro- priate unit. 6 DECISIONS OF NATIONAL- LABOR RELATI'ONTIS BOARD, 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 Elberton Granite Industries, Elberton, Georgia, an"election by secret ballot shall be con- ducted 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 Tenth 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 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 determinne whether or not they desire to be represented by United Stone and Allied Products Workers of America for the purposes of collective bargaining. 1