Piedmont Granite Quarries Inc.

In the Matter Of PIEDMONT GRANITE QUARRIES INC. and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 - In the Matter Of OGLESBY GRANITE QUARRLERS and QUARRY WORKERS- INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter Of SOUTHERN QUARRYING COMPANY and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of ELBERTON GRANITE INDUSTRIES INC. and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of COMMOLI GRANITE COMPANY and QUARRY WORKERS- INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of AMERICAN GRANITE QUARRIES INC. and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of SOUTHEASTERN GRANITE COMPANY and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 Cases Nos. R-960 to R-966, inclusive, respectively AMENDMENT TO DIRECTION OF ELECTIONS October 5, 1938 On September 21, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled matter, the elections to be held within fifteen (15) days from the date of the Direction, under the direction and super- vision of the Regional Director for the Tenth Region (Atlanta, Georgia). On September 29, 1938, American Federation of Labor Granite Workers Union No. 21628, an intervenor in these proceedings, requested the Board to withdraw its name from the ballot in the elections which the Board had directed in its Direction of Elections. On October 3, 1938, the Regional Director requested the Board for an additional period of ten (10) days in which to conduct the elections. 18 N. L.R.B 1202 9 N. L. it. B., No. 10. 40 DECISIONS AND ORDERS 41 The Board hereby amends its Direction of Elections by striking out the words, "to determine whether such employees desire to be repre- sented' by Quarry Workers International Union of North America, Local 266, affiliated with the Committee for Industrial Organization, or by American Federation of Labor Granite Workers Union No. 21628, for the purposes of collective bargaining, or by neither," which appear as the concluding portion of paragraph 1 and also of para- graph 2 of said Direction of Elections, and inserting in lieu thereof in both paragraph 1 and paragraph 2 the words, "to determine whether or not such employees desire to be represented by Quarry Workers International Union of North America, Local 266, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining." The Board hereby further amends its Direc- tion of Elections by striking out the words, "within fifteen (15) days from the date of this Direction," and substituting therefor the words, "within twenty-five (25) days from the date of this Direction." MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Amendment to Direction of Elections. -[SAME TITLE] SECOND AMENDMENT TO DIRECTION OF ELECTIONS October 12, 1938 On September 21, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections, and on October 5, 1938, an Amendment to Direction of Elections in the above-entitled matter. On October 6, 1938, Quarry Workers Inter- national Union of North America, Local No. 266 requested the Board to designate it on the ballot in the elections which the Board had directed in its Direction of Elections and its Amendment to Direction of Elections as Quarry Workers International Union of North America. The Board hereby amends its Direction of Elections, as amended, by striking out the words, "Local No. 266," in both paragraph 1 and paragraph 2 of said Direction of Elections , as amended. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Second Amendment to Direction of Elections. 9 N. L. B. B., No. 10a. 42 NATIONAL LABOR RELATIONS BOARD [SAME TITLE] THIRD AMENDMENT TO DIRECTION OF ELECTIONS October 28, 1938 On September 21, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections, on October 5, 1938, an Amendment to Direction of Elections, and on October 12, 1938, a Second Amendment to Direction of Elections in the above-entitled matter. The Direction of Elections, as amended, provided that the elections should be held within twenty-five (25) days from the date of the Direction, under the direction and super- vision of the Regional Director for the Tenth Region (Atlanta, Georgia). On October 24, 1938, the Regional Director requested the Board to postpone indefinitely the election to be held among the employees of Commoli Granite Company. The Board hereby amends its Direction of Elections, as amended, by striking out the words, "Commoli Granite Company, American Granite Quarries Inc., and Southeastern Granite Company, all of Elberton, Georgia, elections by secret ballot shall be conducted with- in twenty-five (25) days from the date of this Direction," and insert- ing in lieu-thereof the words, ' "American Granite Quarries Inc., and Southeastern Granite Com- pany, all of Elberton, Georgia, elections by secret ballot shall be conducted within twenty-five (25) days from the date of this Direc- tion, and as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Commoli Granite Company, Elberton, Georgia, an election by secret ballot shall be conducted at such time as the Board may in the future direct." 9 N. L. R. B., No. 10b. [SAME TITLE] SUPPLEMENTAL DECISION ORDER AND CERTIFICATION OF REPRESENTATIVES November 17, 1938 On September 21, 1938, the National Labor Relations Board, here- in called the Board, issued a Decision and Direction of Elections in the above-entitled matter. On October 5, 1938, the Board issued an Amendment to Direction of Elections. On October 12, 1938, the Board issued a Second Amendment-to Direction of Elections. On DECISIONS AND ORDERS 43 October 28, 1938, the Board issued a Third Amendment to Direc- tion of Elections. The Direction of Elections, as amended, provided that elections by secret ballot be conducted within twenty-five (25) -days from the date of the Direction among the employees of Piedmont, Granite Quarries Inc., Oglesby Granite Quarriers, Southern Quarrying Com- pany, Elberton Granite Industries Inc., Southeastern Granite Com- pany, and American Granite Quarries Inc.,' all of Elberton, Georgia, employed in and about the quarries of each of the six above-named companies, classified as quarrymen, plug drillers, derrick men, black- smith helpers, channel bar runners or operators, jackhammer drill runners or operators, blasters, gang saw helpers, blacksmiths, pneu- matic drill operators,- head ledgemen, water boys, and common laborers, whose names appeared on the -May 19, 1938, pay roll of Elberton Granite Industries Inc., on the May 21, 1938, pay roll of Southeastern Granite Company, and on the May 25, 1938, pay roll of the other four companies, excluding supervisory and clerical em- ployees and those who had since left the companies' employ unless temporarily laid off for lack of work or unless a charge had been filed with the Board alleging that such employee had been dis- charged for union activity, to determine whether or not such em- ployees desired to be represented by Quarry Workers International Union of North -America, affiliated with the Committee for Indus- trial Organization, for the purposes of collective bargaining. The Direction of Elections, as'amended, further provided that an election by secret ballot be conducted within twenty-five (25) days from the date of the Direction among the employees of Southeastern Granite Company, Elberton, Georgia, employed in and about its shed and classified as bed setters, lumpers, boxers, cranemen, saw helpers, blacksmith helpers, tool grinders, truck drivers, and common laborers, whose names appeared on the pay roll of May 19, 1938, excluding granite cutters, supervisory and clerical employees, and all those who had since left the company's employ unless temporarily laid off or unless a charge had been filed with the Board alleging that such employee was discharged for union activity, to determine whether or not such employees desired to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organization, for the purposes of collec- tive bargaining. Pursuant to the Decision and Direction of Elections, as amended, elections by secret ballot were conducted on October 13 and 14, 1938, under the direction and supervision of the Regional Director for the Tenth- Region (Atlanta, Georgia). On October 18, 1938, the said - I This Company is not included in this Supplemental Decision. 44 NATIONAL LABOR RELATIONS BOARD Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, issued and, on October 22, 1938, duly served upon the parties, Intermediate Reports on the elections. No objections or exceptions to the Intermediate Reports have been filed by any of the parties. As to' the 'election 'among 'the employees of Piedmont " Granite Quarries Inc., and its results, the Regional Director reported as follows : Total Number Eligible to Vote_______________________________ 59 Total Number of Ballots Cast ------------------------------- 59 Total Number of Votes in Favor of Quarry Workers Interna- tional Union of North America____________________________ 13 Total Number of Votes Against Quarry Workers International Union of North America__________________________________ 46 Total Number of Challenged Ballots_________________________ 0 Total Number of Void Ballots_____________________________ 0 Total Number of Blank Ballots_____________________________ 0 The results of the election show that no collective bargaining representative has been selected by a majority of employees. The petition for investigation and certification of representatives of em- ployees of Piedmont Granite Quarries Inc., Elberton, Georgia, will therefore be dismissed. As to the election among the employees of Oglesby Granite Quarriers, and its results, the Regional Director reported as follows : Total Number Eligible to Vote______________________________ 71 Total Number of Ballots Cast_____________________________ 71 Total Number of Votes in Favor of Quarry Workers Interna- tional Union of North America____________________________ 44 Total Number of Votes Against Quarry Workers Interna- tional Union of North America__________________________ 27 Total Number of Challenged Ballota_______________ ________ 0 Total Number of Void Ballots______________________________ 0 Total Number of Blank Ballots_____________________________ 0 As to the election among the employees of Southern Quarrying Company, and its results, the Regional Director reported as follows : Total Number Eligible to Vote_______________________________ 56 Total Number of Ballots Cast ------ ------------------------- 54 Total Number of Votes in Favor of Quarry Workers Interna- tional Union of North America_____________________________ 33 Total Number of Votes Against Quarry Workers International Union of North America__________________________________ 20 Total Number of Challenged Ballots________________________ 1 Total Number of Void Ballots______________________________ 0 Total Number of Blank Ballots ______________________________ 0 As to the election among the employees of Elberton Granite In- dustries Inc., and its results, the Regional Director reported as fol- lows : DECISIONS AND ORDERS 45 'Total Number Eligible to Vote_____________________________ 24 Total Number of Ballots Cast_____________________________ 24 Total Number of Votes in Favor of Quarry Workers Interna- tional Union of North America___________________________ 10 Total Number of Votes Against Quarry Workers Interna- tional Union of North America___________________________ 12 Total Number of Challenged Ballots_______________________ 2 Total Number of Void Ballots_______________________________ 0 Total Number of Blank Ballots_____________________________ 0 The results of the election show that no collective bargaining representative has been selected by a majority of employees. The petition for investigation and certification of employees of Elberton Granite Industries Inc., Elberton, Georgia, will therefore be dis- missed. - As to the elections among the employees of Southeastern Granite Company, and their results, the Regional Director reported as fol- lows : - - Employees at Quarry Total Number Eligible to Vote_______________________________ 4 Total Number of Ballots Cast ------------- ,_________________ 4 Total Number of Votes in Favor of Quarry Workers Interna- tional Union of North America____________________________ 0 Total Number of Votes Against Quarry Workers International Union of North America ----------------------------------- 4 Total Number of Challenged Ballots_________________________ 0 Total Number of Void Ballots_______________________________ 0 Total Number of Blank Ballots_____________________________ 0 Employees at Shed Total Number Eligible to Vote_______________________________ 7 Total Number of Votes Cast__________________ -------------------------------- 7 Total Number of Votes in Favor of Quarry Workers Interna- tional Union of North America_____________________________ 2 Total Number of Votes Against Quarry Workers International Union of North America__________________________________ 5 Total Number of Challenged Ballots________________________ 0 Total Number of Void Ballots_______________________________ 0 Total Number of Blank Ballots_____________________________ 0 The results of the elections show that no collective bargaining rep- resentative has been selected by a majority of either the shed or the quarry employees. The petition for investigation and certification of employees of Southeastern Granite Company, Elberton, Georgia, will therefore be dismissed. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, 46 NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organ- ization, has been designated and selected by a majority of the em- ployees of Oglesby Granite Quarriers, Elberton, Georgia, classified as quarrymen, plug drillers, derrick men, blacksmith helpers, channel bar runners or operators, jackhammer drill runners or operators, blasters, gang saw helpers, blacksmiths, pneumatic drill operators, head ledgemen, water boys, and common laborers, excluding super- visory and clerical employees, as their representative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Quarry Workers International Union of North America, affili- ated with the Committee for Industrial Organization, is the exclu- sive representative of all such employees for the purposes of collec- tive bargaining in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment ; and IT IS HEREBY CERTIFIED that Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organi- zation, has been designated and selected by a majority of the employees of Southern Quarrying Company, Elberton, Georgia, classi- fied as quarrymen, plug drillers, derrick men, blacksmith helpers, channel bar runners or operators, jackhammer drill runners or operators, blasters, gang saw helpers, blacksmiths, pneumatic drill operators, head ledgemen, water boys, and common laborers, excluding supervisory and clerical employees, as their representative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organization, is the exclusive representative of such employees for the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT Is HEREBY ORDERED that the petitions for investigation and certi- fication of representatives of employees of Piedmont Granite Quarries Inc., Elberton, Georgia, Elberton Granite Industries Inc., Elberton, Georgia, and Southeastern Granite Company, Elberton, Georgia, filed by Quarry Workers International Union of North America be, and they hereby are, dismissed. 9 N. L. R. B., No. 10c. DECISIONS AND ORDERS [SAME TITLE] SECOND SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION 47. November p31, 1938 On September 21, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the' above-entitled matter. On October 5, 1938, the Board issued an Amendment to Direction of Elections. On October 12, 1938, the Board issued a Second Amendment to Direction of Elections. On October 28, 1938, the Board issued a Third Amendment-to Direction of Elections. On November 17,' 1938, the Bpard issued a Supple- mental Decision, Order and Certification of Representatives. The Direction of Elections, as amended, provided that elections by secret ballot be conducted within twenty-five (25) days from the date of the Direction among the employees of Piedmont Granite Quarries Inc., Oglesby Granite Quarriers, Southern Quarrying Com- pany, Elberton Granite Industries Inc., -Southeastern Granite Com- pany, and American Granite Quarries Inc.,' all of Elberton, Georgia, employed in and about the quarries of each of the six above-named companies, classified as quarrymen, plug drillers, derrickmen, black- smith helpers, channel bar runners or operators, jackhammer drill runners or operators, blasters, gang saw helpers, blacksmiths, pneu- matic drill operators, head ledgemen, water boys, and common laborers, whose names appeared on the May 19, 1938, pay roll of Elberton Granite Industries Inc., on the May 21, 1938, pay roll of Southeastern Granite Company, and on the May 25, 1938, pay roll of the other four companies, excluding supervisory and clerical em- ployees and those who had since left the companies' employ unless temporarily laid off for lack of work or unless a charge had been filed with the Board alleging that such employee had been discharged for union activity, to determine whether or not such employees de- sired to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organi- zation, for the purposes of collective bargaining. Pursuant to the Decision and Direction of Elections, as amended, an election by secret ballot was conducted on October 14, 1938, among the employees of American Granite Quarries Inc., under the direction and supervision of the Regional Director for the Tenth ' Tliio Supplemental Decision involves American Granite Quarries Inc. only. 48 NATIONAL LABOR RELATIONS BOARD Region (Atlanta, Georgia). On October 18, 1938, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and, on October 22, 1938, duly served upon the parties, an Inter- mediate Report on this election. As to the election and its results, the Regional Director reported as follows : Total Number Eligible to Vote______________________________ 32 Total Number of Ballots Cast________________________________ 32 Total Number of Votes in favor of Quarry Workers Interna- tional Union of North America___________________________ 15 Total Number of Votes Against Quarry Workers Interna- tional Union of North America____________________________ 16 Total Number of Challenged Ballots_________________________ 1 Total Number of Void Ballots______________________________ 0 Total Number of Blank Ballots_____________________________ 0 On October 26, 1938, Quarry Workers International Union of North America filed with the Regional Director objections to the Inter- mediate Report, contending that five men, who were eligible to vote, namely, Early Allen, Raymond McIntosh, Dan Rucker, Willie Wynn, and one Dorsey, were refused ballots. The Regional Director, upon investigation, found that the objections raised a substantial and ma- terial issue with respect to the conduct of the election and recom- mended that another election should be held. We will so direct. Dorsey's name does not appear upon the pay roll we directed to be used to determine eligibility to vote; the names of the other four men are on that pay roll. We will direct that Early Allen, Ray- mond McIntosh, Dan Rucker, and Willie Wynn, in addition to the other eligible employees, shall be allowed to vote at the election, although their eligibility to vote does not appear entirely free from doubt. The Company may, however, if it so chooses, protest or challenge their votes, and such protests or challenges will thereafter be reviewed. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with American Granite Quarries Inc., Elberton, Georgia, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Di- DECISIONS AND ORDERS 49; rector for the Tenth Region, acting in the matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees employed in and about the quarry of the above-named company, classified as quarrymen, plug drillers, derrickmen, blacksmith helpers, channel bar runne`rs' or operators, jackhammer drill -runners or operators, blasters, gang saw, helpers, blacksmiths, pneumatic drill operators, head ledge- men, water boys, and common laborers, whose names appear on the May 25, 1938, pay roll of the Company,' including Early Allen, Ray- mond McIntosh, Dan Rucker, and Willie Wynn, and excluding supervisory and clerical employees and those who have since left the Company's employ unless temporarily laid off for lack of work or unless a charge has been filed with the National Labor Relations, Board alleging that such employee was discharged for union activity, to determine whether or not such employees desire to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Second Supplemental Decision and Direction of Election. 9 N. L. R. B., No. 10d. [SAME TITLE] AMENDMENT TO SECOND DIRECTION OF ELECTION November 30, 1938 On September 21, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled matter. On October 5, 1938, the Board issued an Amendment to Direction of Elections. On October 12, 1938, the Board issued a Second Amendment to Direction of Elections. On October 28, 1938, the Board issued a Third Amendment to Direction of Elections. On November 17, 1938, the Board issued a Supple- mental Decision, Order and Certification of Representatives. On November 21, 1938, the Board issued a Second Supplemental Decision and Directioli of Election, providing that an election should be held within fifteen (15) days from the date of the Direction among cer- tain employees of American Granite Quarries Inc., under the direc- tion and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). ' Board Exhibit 18 introduced in evidence as the American Granite Quarries Inc, pay roll for May 25, 1938, is dated May 21, 1938, and shall be used to determine eligibility to vote. 50 NATIONAL LABOR RELATIONS ;BOARD The Board hereby amends the last mentioned Direction of Election by striking out the words, "within fifteen (15) days from the date of this Direction," and inserting in lieu thereof the words, "at such time as the Board may in the future direct." MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Amendment to Second Direction of Election. 9 N. L. R. B., No: loe.