Standard Lime and Stone Co.

890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that a unit limited to the gas employees in the five areas requested by the Petitioner is inappropriate for purposes of collective bargaining.' We shall, therefore, dismiss the petition. Order IT IS HEREBY ORDERED that the petitions herein be, and they hereby are, dismissed. 7 Pacific Power & Light Co, 94 NLRB 638; Elizabethtown Consolidated Gas Company, 93 NLRB 1270 ; Public Service Company of Indiana, Inc., 91 NLRB 1151. STANDARD LIME AND STONE COMPANY and INTERNATIONAL UNION UNITED CEMENT, LIME AND GYPSUM WORKERS' LOCAL No. 92, AFL, PETITIONER. Case No. 6-RC-779. July 31, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Joseph C. Thackery, hearing officer.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is a Maryland corporation, having its principal office and place of business in Baltimore, Maryland. Its plants in West Virginia, Virginia, Ohio, Michigan, and Tennessee are engaged in the mining, processing, and sale of limestone and have been the subject of proceedings in which the Board has asserted jurisdiction over the Employer.' The Employer concedes that, except for its operations at Pleasant Gap, Pennsylvania, the only plant involved in this proceeding, it is engaged in commerce within the meaning of the Act. At Pleasant Gap, the Employer is currently mining limestone and eventually will produce, process, and sell limestone there. These operations will therefore be the same as those performed at the Em- ployer's other plants. The record further discloses that the Pleasant 1 The hearing officer referred to the Board for ruling the Employer's motion to dismiss the petition on the grounds that • (1) Because the Employer is engaged in development and experimental operations, and has not produced any material for sale, there is no question affecting commerce within the meaning of the Act; and (2) that the unit sought by the Petitioner is inappropriate in that a substantial and representative number of employees is not presently employed at its Pleasant Gap plant. The motion to dismiss the petition is hereby denied for the reasons hereinafter stated. 217 NLRB 147 (Martinsburg, West Virginia, plant ) ; 39 NLRB 538 (Knoxville, Tennessee, plant) ; 73 NLRB 1279 (Wabash, Indiana, plant ) ; 74 NLRB 893 (Kimballtown, Virginia, plant). 95 NLRB No. 94. STANDARD LIME AND STONE COMPANY 891 Gap plant will be under the same general supervision and control as the other plants noted above .3 We conclude, therefore, that the Pleasant Gap plant operates as part of a large multistate enterprise. Accordingly, we find that the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the purpose of the Act to assert jurisdiction over the Employer in this proceeding.4 2. The labor organization involved claims to represent certain em- ployees of the employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of all production and maintenance employees. The Employer does not generally oppose the composition of the unit. The unit requested is of the same general type as has been found appropriate at other plants of the Employer.5 We find that all production and maintenance employees at the Employer's Pleasant Gap, Pennsylvania, plant, excluding office and clerical employees, guards, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5. The Employer contends that the petition is premature and that no election should be held as the plant is still under construction and is now engaged only in development work. However, limestone is now being removed for use in the construction work, and the record shows that.by August 1, 1951, it is expected that the Pleasant Gap plant will be producing limestone for shipment. Furthermore, it is anticipated that by April 1952 the plant will- be completed and in full production. At the time of the hearing, approximately 73 men, exclusive of foremen and _supervisors, were employed at the Pleasant Gap plant. Of,tlu, .number,,:18 constituted the construction crew brought in by the Employer from its Martinsburg, West Virginia, plant, to act as lead- ers in the construction work.. When the construction is completed, all 18 men will le'ave,the plant site. The Petitioner does not seek to in- clude these men in the proposed unit. Of the remaining 55 employees, approximately 30 are engaged in the limestone removal operation, which is being conducted on a 3-shift basis. The Employer states that these.men will be doing similar work when the plant begins pro- duction. The remaining 25 employees are engaged . in construction 8 The Employer admits that the Pleasant Gap plant is under the control and supervision of "the Board of Directors and the Management of the Baltimore Office of The Standard Lime and Stone Company." 4 The Borden Company, Southern Division , 91 NLRB 628; The Basic Lumber Products Division of the New York Coal Compasiy, 92 NLRB ' 874; Baron's Incorporated, 91 NLRB No. 190. 5 See footnote 2, supra, and 48 NLRB 424. 892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD work under the supervision of the construction leaders from Martins- burg. The Employer states that upon completion of the construction, production jobs will be offered to these 25 men. It can be said, there- fore, that these 25 men have every reasonable expectation of being retained in employment at the Pleasant Gap plant after the plant has become fully operative. As the Employer's total anticipated work force is 120, these 25 employees, together with the 30 limestone removal employees, constitute in excess of 45 percent of such work force.. However, because the processing and manufacturing operations will not commence until sometime after August 1, 1951, we will not direct that an immediate election be held. We shall provide that an election be held at such time after August 1, 1951, as the Regional Director shall determine that a representative and substantial segment of the total work force to be engaged in the processing and manufacturing operations has been employed, subject to submission by the Petitioner of an adequate showing of representation in such representative group.6 Eligibility shall be determined by the payroll of the period immediately preceding the issuance of a notice of election. [Text of Direction of Election omitted from publication in this volume.] 9 Waite Carpet Company, 85 NLRB 1130 ;'Rathy Shoes, Inc., Inc., 88 NLRB 1035; Weyer- haeuser Timber Company, 93 NLRB 887. WILSON ATHLETIC GOODS MANUFACTURIN G CO., INC. and UNITED TEXTILE WORKERS OF AMERICA , AFL, PETITIONER. Cases Nos. 10- RC-137 and 10-RC-139. July 31,1951 1 Decision and Direction of Elections . Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Frank E. Hamilton, hearing officer. The hearing officer's rulings made at the hearing are. free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds: 1. The Employer. is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer.' I International Fur and Leather Workers Union was permitted to intervene in both cases. 95 NLRB No. 90.