National Gypsum Co.

In the Matter of'NATIONAL GYPSUM COMPANY and DISTRICT 50, UNITED MINE Won nas OF AMERICA Case No. 9-R-1416.-Decided July 19,1944 Mr. D. W. Burnett, of Alexandria, Ind.. for the Company. Mr. Stanley E.'Stohr, of Terre Haute, Ind., for District 50. Mr.,Jesse W. Peden, of Indianapolis, Ind., for the Stone Workers. Mr. Bernard Goldberg, of counsel to the, Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by District 50, United Mine Workers of America, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of National Gypsum Company, Alexandria, Indiana, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before'James H. Shaw, Trial Exam- iner. Said hearing was held at Alexandria, Indiana, on June 9, 1944. The -Company, District 50, and United Stone and Allied Products Workers of America, C. I. 0., Branch 34, herein called the Stone Workers, appeared and participated. All _ parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence 'bearinig'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 an oppor- tunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY .•National'Gypsum Company,- a Delaware corporation, has its princi- pal offices in Buffalo, New York, and numerous plants in different .parts of the - United States. - Its plant at Alexandria , Indiana, with 57 N. L. R. B., No. Si. 422 I NATIONAL GYPSUM COMPANY 423 which this proceeding is. concerned, is. engaged in-' the ' manlifacture of rock wool insulation products: This plant's monthly purchases of raw materials used in the 'manufacturing process are valued at approximately $50,000, of which 60 percent is received from sources outside the State of Indiana; The monthly production of finished products is valued at approximately $100,000, of which 85 percent is shipped to,points outside the State of Indiana. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine, Workers of America, unaffiliated, and United Stone and Allied Production Workers of America, Branch 34, affiliated with the Congress of Industrial Organizations, are labor or- ganizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 25, 1943, the Stone Workers and the Company entered into an exclusive bargaining contract for 1 year, automatically renewable from year to year thereafter unless either party gave notice of a desire to change the contract at least thirty (30) days prior to the anniversary date. It is conceded that neither party to the contract has served notice of a desire to effectuate any change. On March 29, 1944, or more than 30 days prior to the first anniversary date of the contract, District 50, claiming to represent a majority of its employees, requested that the Company start contract negotiations. The Stone Workers contends that its contract constitutes a bar to the present proceeding. The Company takes no position in the controversy but will bargain collectively with whichever union is ' certified by the, Board in an ap- propriate unit. This case falls squarely within the rule, repeatedly enunciated-by the Board, that a contract automatically renewed after a conflicting timely claim to representation has been, made, does not constitute a bar to a new election.' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that District 50 represents a substantial number of em- ployees in the unit hereinafter found appropriate.2 ',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. ' Matter,' o f Hall 'Manufaetwring Company, 40 N. L. R. B: 14; Matter of Kingan d Co:, Inc, 37 N L R. B '716 2 The Field Examiner reported that District 50 submitted 120 authorization cards ; that the names of 101 persons appearing on the cards were listed on the Company's pay roll of May 7, 1944, which contained the names of 114 employees in the appropriate unit ; and that 101 cards were dated in March 1944 The Stone workers, relying on its contract, produced no evidence of membership among the employees of the Company. 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find; in substantial agreement, with;a stipulation of the parties, that all employees of the Company's, plant at Alexandria, Indiana,,ex- eluding inspectors, clerks, watchmen, janitors, caretakers, main office employees and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees; or effectively recommend such action, consti- tute 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the'date of the,Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By vi"rtue'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 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with National Gypsum Company, Alexandria, Indiana, 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 Ninth 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 Regulations, among the em- ployees 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 the said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States. who present themselves in person at, the polls, but ex- cluding those employees 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 they desire to be represented by Dis- trict 50, United Mine Workers of America, unaffiliated; or by United Stone and Allied Products Workers of America, Branch 34, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining; or by neither.