Steva Stone Co.

STEVA STONE COMPANY 455 as without merit, in the absence of formal and expressed op- position to said motions by the General Counsel. The Board however, finds no basis in Section 3 (d), or in any part of the Act, substantiating the theory advanced by Respondents. More- over, the Board has previously ruled (United Aircraft Corpora- tion, Pratt & Whitney Aircraft Division, 91 NLRB 215), that Section 3 (d) does not limit the authority of the Trial Examiner or the Board to grant or deny motions by the parties once hear- ing has commenced on the complaint , because it is at that time that the Board's exclusive jurisdiction attaches. In the instant case, the General Counsel prosecuted the complaint issued against the Respondents and secured a Decision and Order of the Board finding that the Respondents had committed unfair labor practices within the meaning of the Act. Whether or not the General Counsel now desires to oppose or support such supplemental motions as are made by the Respondents in attack upon the validity of the Board's Decision and Order is not determinative of the Board's authority to grantor dismiss such supplemental motions upon their own merits or lack thereof. Accordingly, as the motion is lacking in merit, IT IS HEREBY ORDERED that the motion to vacate order and stay proceedings be, and it hereby is, denied. By direction of the Board: Frank M. Kleiler, Executive Secretary KENNETH STEVA AND JESSE A. STEVA d/b/a STEVA STONE COMPANY and INTERNATIONAL HOD CARRIERS' BUILD- ING AND COMMON LABORERS' UNION OF AMERICA, HEAVY CONSTRUCTION LABORERS' LOCAL NO. 663, AFL, and INTERNATIONAL UNION OF OPERATING ENGINEERS, HOISTING AND PORTABLE LOCAL NO. 101, AFL, JOINTLY, Petitioner . Case No. 17-RC-1618. July 29, 1953 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 William J. Cassidy, 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, Styles, and Peterson]. Upon the entire record in this case, the Board finds: 1. The Employer is a copartnership whose main office is located in Richmond, Missouri. The Employer operates a stone 106 NLRB No. 79. 456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD quarry, the products of which are used in the manufacture of agriculture lime, road-building materials, and ready-mixed concrete. The Employer also operates a receiving and shipping warehouse in the city of Richmond, for the receipt of agri- cultural phosphates which are purchased from two Missouri corporations.) The Employer sells these phosphates to local customers. During the year 1952, the Employer's total business amounted to approximately $225,000. All of its sales were made within the State of Missouri. During the same period, the Employer received Production and Marketing Administration checks in the amount of $40,027, which were endorsed to the Employer by local farmers, in part payment for limes and phosphates sold to the farmers by the Employer. During the same period the Employer sold rock to the Missouri State Highway Depart- ment valued at $12,072, to be used for the construction and maintenance of State and county roads. The Employer also sold rock to various county and city units valued at $ 104,395, to be used for the construction and maintenance of roads within the jurisdiction of these governmental units. During the same period the Employer sold ready-mix concrete valued at $ 3,898, to be used in the construction and maintenance of roads. Of this latter amount, $3,176 represented sales to the State Highway Department. The Employer also sold ready-mix concrete to the Wabash Railroad in the amount of $820. Upon the foregoing facts we find, contrary to the Employer's contention, that its operations affect commerce within the meaning of the Act. Moreover, as the Employer furnished materials, valued in excess of $50,000, necessary to the maintenance and operation of the highways and roads of the State of Missouri, we find that it will effectuate the purposes of the Act to exercise jurisdiction over the Employer's op- erations.' 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. We find, in agreement with the parties, that all production and maintenance employees employed by the Employer at Richmond, Missouri, excluding office clerical employees, the night watchman, guards, and supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] 1 These phosphates are mined in Florida, and are processed and sacked by the two com- panies at their plants in Missouri before they are sent to the Employer. 2 Cf. Rayford Stone Company, 97 NLRB 1118; Camp Concrete Rock Company, 94 NLRB 296; Hollow Tree Lumber Company, 91 NLRB 635.