Blair Limestone Co.

In the Matter of BLAIR LIMESTONE COMPANY and UNITED CEMENT, LIME & GYPSUM WORKERS INTERNATIONAL UNION , LOCAL 201, A. F. of L. Case No. R-5526.-Decided July 7,1943 Mr. James C. Beech, of Pittsburgh, Pa., for the Company. Mr. Del. Barr, of Martinsburg, W.'Va., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by United Cement, Lime & Gyp- sum Workers International Union, Local 201, A. F. 'of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Blair Limestone Company, Millville, West Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert A. Levett, Trial Examiner. Said hearing was held at Martinsburg, West Virginia, on June 15, 1943. The Company and the Union appeared, participated, and all parties 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 Blair Limestone Company, a Pennsylvania corporation with its principal office and place of business located in Martinsburg, West I Although served with notice of the hearing , United Stone & Allied Products Workers of America, C. I. 0., did not appear. 51 N. L. R. B., No. 26. 110 1 BLAIR LIMESTONE COMPANY 111 Virginia, is a wholly-owned subsidiary of Jones & Laughlin Steel Corporation, of Pittsburgh, Pennsylvania. The Company is engaged in the quarrying of limestone, dolomite, and fluxing stone; it is also engaged in the burning of dolomite. In the course of its operations, the Company operates quarries, crushing and screening plants, and kilns at Martinsburg, and at Millville, West Virginia. We are con- cerned herein with the Company's operations at Millville, West Vir- ginia. During the calendar year 1942, in excess of 200,000 tons of flux- ing stone, dolomite, lime, and commercial stone, valued at more than $250,000, were shipped by the Company to points outside the State of West Virginia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Cement, Lime & Gypsum Workers International Union, Local 201, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION By letter, dated April 15, 1943, the Union requested recognition of the Company as the exclusive bargaining agent of its production and maintenance employees. The Company refused to extend such recog- nition unless and until the Union has been certified by the Board. A statement of the Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 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 Both parties are agreed that a unit appropriate for the purposes of collective bargaining should include all production and maintenance employees, but exclude supervisory employees with the rank of foreman and above;'as well as clerical employees. The parties, however, dis- agree with regard to the status of one Charles Meyers. Meyers spends one-third of his time performing office-clerical work, another third as a plant clerical, and the balance of his time as a produc- tion employee. There are no other employees performing plant cleri- cal work. Since Meyers spends the majority of his time in regular 2 The Field Examiner reported that the Union submitted 8,) authorization cards beaiing apparently genuine original signatures , of which 83 bore the names of persons appearing on the Company's pay roll of April 30, 1943. Said pay roll contained the names of 103 persons in the appropriate unit. 112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production work and plant clerical work closely associated therewith, we shall include him within the unit as a production employee. We find, therefore, that all production and maintenance employees of the Comany at its Millville, West Virginia, plant, excluding office clerical employees 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 mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding 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 Relations 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 Blair Limestone Company, Millville, West Virginia, 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 supervision of the Regional Director for the Fifth 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 those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Cement, Lime & Gypsum Workers International Union, Local 201, A. F. of L. for the purposes of collective bargaining.