Ash Grove Lime and Portland Cement Co.

In the Matter of ASH GROVE LIME AND PORTLAND CEMENT COMPANY and INTERNATIONAL 'HOD CARRIERS AND GENERAL LABORS, LOCAL UNION 676, AFFILIATED WITH A. F. OF L. In the Matter of ASH GROVE LIME AND PORTLAND CEMENT COMPANY i and INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL #16, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. 17-R-1001 and 17-R-1002, respectively.Decided November 27, 1944 Mr. Myron K. Ellison, of Kansas City, Mo., for the Company. Mr. Otto Bowles, of Springfield, Mo., for the Hod Carriers. Mr. J. Frank Cline, of Springfield, Mo., for the Engineers. Miss Ruth Rusch, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions separately and duly filed by International Hod Carriers and General Labors, Local Union 676, affiliated with A. F. of L., herein called the Hod Carriers, and International Union of Operating Engineers Local Union #16, affiliated with the American Federation of Labor, herein called the Engineers, each alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Ash Grove Lime and Portland Cement Company, Galloway, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Robert S. Fousek, Trial Examiner. Said hearing was held at Springfield, Missouri, on October 24, 1944. The Company, the Hod Carriers, and the Engineers; appeared and par- ticipated. All parties were afforded full opportunity to be heard, to examine and cross examine witnesses, and to introduce evidence All formal papers were amended to show the correct name of the Company. 59 N. L. R. B., No. 111. 572 ASH GROVE LIME AND PORTLAND CEMENT CO. 573 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 an opportunity 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 The Company is a Maine corporation engaged in the manufacture of lime at Galloway, Missouri. During the year ending January 1, 1944, the Company purchased materials and supplies amounting to more than $50,000 in value, of which 50 percent was obtained from sources outside the State of Missouri. For the same period, the Com- pany sold products amounting to more than $100,000 in value, of which 80 percent was shipped to points outside the State of Missouri. The Company admits that it is engaged ih commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Hod Carriers and General Laborers, Local Union 676, and International Union of Operating Engineers Local Union #16, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Hod Car- riers and the Engineers as the bargaining representatives of certain of its employees until the Hod Carriers and the Engineers have been certified by the Board in appropriate units. A statement of a field examiner introduced into evidence at the hearing, indicates that the Hod Carriers and the Engineers each represents a substantial number of employees in the units hereinafter found appropriate 2 We find that questions affecting commerce have 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. 'The Field Examiner reported that the Hod Carriers submitted 67 certificate-of- authority cards. There are approximately 72 employees in the appropriate unit sought by the Hod Carriers. The cards were dated during September and October 1944. The Engineers submitted 6 certificate -of-authority cards. There are approximately 20 employees in the unit alleged to be appropriate by the Engineers . The cards were dated September 22, 1944. 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNITS The principal dispute in the instant case concerns the establishment of separate units for common laborers and for operating engineers. The Company contends that a single unit covering all employees in a production and maintenance unit is appropriate since all operations are so clearly integrated. However, both the Hod Carriers and the Engineers desire separate units. The Hod Carriers seeks a unit com- posed of production and maintenance employees including labor fore- men, but excluding operating engineers, truck drivers, and clerical and supervisory employees. The Engineers requests a unit com- prised of only operating engineers and their helpers, excluding truck drivers. While it is true, as the Company contends, that the work at AS Galloway plant is integrated, that all the employees work under the same conditions, and that none of them are highly skilled, it is also true that the employees claimed by the Operating Engineers are en- gaged in the operation or maintenance of power-driven machinery, whereas the common laborers use hand tools. The work of the operating engineers and their helpers appears to involve somewhat more skill and training than that of the laborers, and to carry higher wage rates. We find, as we recently found in a similar case involving another plant of the same Company,3 that the separate units proposed by the petitioners are appropriate. The remaining controversy is with respect to the truck driver. Neither the Hod Carriers nor the Engineers want him included in the unit. The Hod Carriers maintains that-he is more skilled than a common laborer since he drives a truck and the Engineers contends that he is unskilled and, therefore, ineligible for its unit. In spite of the Engineers' contention, there are two tractor operators included in the operating engineers' unit who spend half their time driving trucks. For this reason, we shall include the truck driver in the unit with the operating engineers and 'their helpers. We find that the following groups of employees constitute units appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : 1. All production and maintenance employees 4 employed at the Company's Galloway, Missouri, plant, including labor foremen,5 but excluding operating engineers and their helpers, truck drivers, cleri- cal employees, and all supervisory employees with authority to hire, 8 Matter of Ash Grove Lime and Portland Cement Company, 57 N L. R. B. 111. 4 These include the following classifications of employees, kiln graders, kiln firemen, watchmen, rock breakers, jackhammer drillers, powder men, hookers, water boy, and barrel makers. The record indicates that labor foremen are not supervisory employees within the mean- ing of the Board's customary definition. ASH GROVE LIME AND PORTLAND CEMENT CO. 575 promote, discharge, discipline, or otherwise effect changes in the status. of employees, or effectively recommend such action. 2. All operating engineers and their helpers 6 employed at the Com- pany's Galloway, Missouri, plant, including the truck driver, but ex- cluding common laborers, office workers, and supervisory employees. with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the em- ployees in the appropriate units who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tions herein, subject to the limitations and additions set forth in the Direction. In accordance with its request, we shall designate the- Engineers on the ballot as International Union of Operating Engi- neers Local Unions Nos. 16 and 16-B, affiliated with the American Federation of Labor.7 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Ash Grove Lime, and Portland Cement Company, Galloway, Missouri, elections 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 Seventeenth Region, act- ing in this matter as agent for the National Labor Relations Board,, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations, among the employees in the units 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 vaca- .tion or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the e These `include the following classifications of employees : power plant operators, crane operators, hydration mill operators, hoist operators , crusher operators , tractor operators, steam crane fireman , gas crane jerker, driller, blacksmith, and mechanic repairmen 7 At the hearing, it, was shown that Local No. 16-B is subordinate to Local No. 16 and has the same officers. Local No. 16-B admits only apprentices to membership. 618683-45-vol. 59-38 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD polls, but excluding those employees who have since quit or been dis- ,charged for,cause; and,have not:been rehired or reinstated prior to-the date of the elections; (1) to determine with respect to the employees in the unit described in paragraph 1 of Section IV, whether or not they desire to be represented by International Hod Carriers and General Laborers, Local Union 676, affiliated with the A. F. of L., for the pur- poses of collective bargaining, and (2) to determine with respect to the employees in the unit described in paragraph 2 of Section IV, whether or not they desire to be represented by International Union of Operat- ing Engineers Local Unions Nos. 16 and 16-B, affiliated with the American Federation of Labor, for the purposes of collective bargaining.