Thompson-Weinman & Co., Inc.

In the Matter of THOMPSON-WEINMAN & Co., INC.,' EMPLOYER and UNITED CONSTRUCTION WORKERS, U. M. W., A. F. L., PETITIONER Case No. 10-B-1847.-Decided August 16, 1946 Mr.-Scott Camp, of Sparta, Tenn., for the Employer. 'Mr. Luke Ridenour, of Caryville, Tenn., for the Petitioner. Mr. Martin-T. Cainacho, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon a petition duly filed, the National Labor Relations Board conducted on June 1, 1946, a prehearing election pursuant to Article III, Section 3, of the Board's Rules and Regulations among employees of the Employer in the unit'hereinafter found appropriate, to deter- ,mine whether or not they desire to be- represented by .the Petitioner for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 28 eligible voters and that 26 of these eligible voters cast valid ballots, of which 17 were for the Petitioner, 9 were against, and 2 other ballots cast were challenged. Thereafter, pursuant to Article III, Section 10, of the Rules and Regulations, the Board provided for an appropriate hearing upon due notice before Albert D. Maynard, Trial Examiner. The hear- ing was held at Sparta, Tennessee, on June 27, 1946. The Trial Ex- aminer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in, the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Thompson-Weinman & Co., Inc., is a Georgia corporation with its principal office located in Caterville, Georgia. It is engaged in the 1 The pleadings were amended at the hearing to name the Petitioner as shown above. 70 N. L. R. B., No 10. 92 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD quarrying, grinding, sale and distribution of limestone. This pro- ceeding is concerned with its quarry plant in White County, Sparta, Tennessee. During the year ending 1945, the Employer purchased: in. egce'ss of $2,000.00 worth of raw material and supplies consisting principally of machinery, machine parts, explosives, electricity, gasoline and oil, approximately 60 percent of which purchases was made outside the State of Tennessee. During the same period the Employer sold in excess of $80,000.00 worth of finished products, consisting entirely of limestone . From 80 to 90 percent of the finished products was shipped to points outside the State of Tennessee. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TILE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with American Federation of Labor, claiming to represent- employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, 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 the agreement of the parties, that all the employees of the Employer at its quarry plant in White County,. Sparta, Tennessee, but excluding- all clerical employees,,>the--plant- superintendent and all or any other supervisory employees 2 with authority to hire, promote, discharge, discipline, or otherwise effectt, changes in the status of employees, or effectively recommend such action, 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 The results of the election held previous to the hearing show that the Petitioner has secured a majority of the valid votes cast in the 2 The parties are in accord that the only supervisory employee at the quarry plant,is Mr. Clay Webster. Further it was stipulated at the hearing that the.Employer does not maiq- tain any office or clerical staff in White County or in Sparta , Tennessee. THOMPSON-WEINMAN. &' CO., INC. 93 election. We shall certify the Petitioner as the collective bargaining representative of the employees in the appropriate unit.' CERTIFICATION OF REPRESENTATIVES 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, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended, IT Is HEREBY 'CERTIFIED that the United Construction Workers, U. M. W., A. F. L., has been designated and selected by a majority of all the employees of Thompson-Weinman & Co., Inc., Caterville, Georgia, at its quarry plant in White County, Sparta, Tennessee, but excluding all clerical employees, the plant superintendent, and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or other-wise effect changes in the status of employ- ees, or effectively recommend such action, as their representative for the purposes of collective bargaining, and that,pursuant to Section 9- (a) of the Act, the said organization is the exclusive representative of- all such employees for the purposes of collective bargaining with re- spect to rates of pay, wages, hours of employment, and other conditions of employment. e The two challenged ballots mentioned supra, not being determinative in the election, were not in issue at the bearing.