Green Mountain Marble Corp.

In the Matter of GREEN MOUNTAIN MARBLE CORPORATION and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA Case No. 1-R-1615.Decided November 13, 19113 Messrs. E. B. Fleming and P. F. McCormock, of West Rutland,Vt., for the Company. Mr. John C. Lawson, of Barre, Vt., and Mr. Eugene Pederson, of West Rutland, Vt., 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 Green Mountain Marble Corporation, West Rutland, Ver- mont, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at Rutland, Ver- mont, on October 27, 1943. The Company and the Union appeared, participated, and, were afforded full opportunity to be heard, to exam- ine 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: FINDING OF FACTS 1. THE BUSINESS OF THE COMPANY Green Mountain Marble Corporation is a Vermont corporation operating at Clarendon and West Rutland, Vermont, where it is en- gaged in the quarrying of marble. During 1942 the Company quar- 53 N. L. It. B., No. 106. 597 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Tied marble valued at about $35,000. During the same period the Company sold finished products valued at about $154,000, approxi- mately 95 percent of which was shipped to points outside the State of Vermont. H. 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 September 13, 1943, the Union requested the Company to recog- nize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company at its shop and quarries at West Rutland and Clarendon, Vermont, ex- cluding clerical employees and all supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute 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. 1 The Regional Director reported that the Union presented 43 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll of September 28, 1943 There are 57 persons in the appropriate unit. GREEN MOUNTAIN MARBLE CORPORATWN 599 DTRECTTON 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DU ECPED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Green Mountain Marble Corporation, West Rutland, Vermont, 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 Director for the First Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, 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 such 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 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 United Stone and Allied Products Workers of America, for the purposes of collective bargaining.