Rock Island Sand & Gravel Co.

In the Matter of ROCK ISLAND SAND & GRAVEL COMPANY and BUILDING MATERIALS COUNCIL, A. F. OF L. Case No. R-6545.-Decided July 3, 1943 Mr. Ben T. Reidy, of Rock Island, Ill., for the Company. Mr. Frank M. Foster, Mr. Elwin E. Hughes, and Mr. Montie Bisby, of Rock Island, Ill., for the Council. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Building Materials Council, A. F. of L., herein called the Council,' alleging that a question affecting com- merce had arisen concerning the representation of employees of Rock Island Sand & Gravel Company, Rock Island, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Lester Asher, Trial Ex- aminer. Said hearing was held at Rock Island, Illinois, on June 18, 1943. - The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence 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 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 Rock Island Sand & Gravel Company is an Illinois corporation engaged in mining, processing, and selling sand and gravel, and i The Council is composed of International Union of Operating Engineers , Local 649, In- ternational Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of America, Local 371, and International Hod Carriers, Building & Common Laborers Union of America, Local 309. 51 N. L. R. B., No. 12. 41 42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD purchasing and selling coal and building materials at Rock Island, Illinois. During 1942 the Company's business amounted to about $300,000. During the same period the Company purchased building materials valued at about $100,000 for resale, approximately 90 per- cent of which was shipped to it from points outside the State of Illinois. Approximately 5 percent of the building materials sold by the Company was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Building Materials Council is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 10, 1943, the Council requested the Company to recognize it as the exclusive collective bargaining representative of its employees. The Company did not reply to this request. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Council represents a substantial num- ber of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce has 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. IV. THE APPROPRIATE UNIT The Council urges that all employees of the Company, excluding the superintendent, assistant manager, office manager, clerical em- ployees, and casual laborers, constitute an appropriate unit. The Company took no position with respect to the unit. Evidence intro- duced at the hearing indicates that the employees claimed by the Council constitute a well-defined homogeneous group. We find that all employees of the Company, excluding the super- intendent, assistant manager, office manager, clerical employees,. casual laborers, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect 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. 2 The Regional Director reported that the Council submitted nine authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of June 3, 1943. There are 13 employees in the appropriate unit. ROCK ISLAND SAND & GRAVEL COMPANY 43 V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Council requests that the pay roll of June 3, 1943, be used to determine eligibility to vote. The Company requests that a current pay roll be used for that purpose. Inasmuch as no reason appears as to why we should depart from our usual practice, we shall direct that the employees eligible to vote shall be those within the appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Rock Island Sand & Gravel Company, Rock Island, Illinois, an election 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 super- vision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit 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 said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Building Materials Council, A. F. of L., for the purposes of collective bargaining.