Lucky Star Roofing Products Corp.

LUCKY, STAR ROOFING PRODUCTS CORP. 323 Lucky - Star Roofing Products , Corp. and John C. McCullough" ,.and International Association of Machinists , District- Lodge No. 86, AFL, and International Union of Operating Engineers, Local No., 1, AFL, Joint Petitioners. Case No. 30-RC-1064. October 10,1955 . . DECISION, DIRECTION OF ELECTION, AND ORDER Upon a petition duly filed under Section 9'(c) of the National Labor Relations Act, a hearing' was held before F. T. 'Frisbey, • hearing offi- cer. The hearing officer's rulings made at the.hearing are free from prejudicial error and a'r`e' hereby affirmed. 'Upon the"entire record in this case, the Board finds 1. At the hearing, the joint Petitioners altered their, unit request from a'multiemployer unit to two separate employer units; one com- prised of production, maintenance, and warehouse employees of Lucky Star, and the other comprised of production and maintenance em- ployees of McCullough: 'Lucky Star is a Colorado corporation engaged in Denver, Colorado, in the manufacture of asphalt roofing. During the past year it sold its entire output of products, valued in excess of $200,000, within the State to the Ruberoid Company, which in turn, shipped in excess of $50,000 worth of Lucky Star's products to out-of-State destinations. Accordingly, we find that Lucky Star is engaged in commerce and that it will effectuate the policies of the Act to assert jurisdiction over this enterprise? McCullough is engaged under contract with Lucky Star in furnish- ing limestone and asphalt flux, fully prepared and treated, to Lucky ,Star, according to the latter's specifications, to be utilized as an essen- tial ingredient in the manufacture of Lucky Star's products., Since the start of McCullough's operations in May 1955, the services thus rendered Lucky Star have approximated $70,000 in value. Although `McCullough processes the asphalt flux on Lucky Star's premises out- side the plant prior to delivery, and employs workers who formerly were employed by Lucky Star, the record discloses that no interrela- tionship exists between the two enterprises, and that each enterprise is separately owned and operated. Furthermore, the employees of these two enterprises work in separate areas, perform different kinds of work,. are separately supervised and paid, and do not interchange. Under these circumstances, we find that Lucky Star and McCullough ' At the hearing, the parties agreed that John C . McCullough rather than Dri-Mix Concrete Company, which was originally named as Employer along with Lucky Star -Roofing Products Corp. , hereinafter referred to as Lucky Star, Is the Employer of some of the employees sought by the Petitioners 2 Jonesboro Grain Drying Cooperative , 110 NLRB 481 114 NLRB No. 61. _ 387644-66-vol. 114-22 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD do not constitute a single employer within the 'meaning 'of-the Act. Accordingly , as all of McCullough's services during the past year were performed locally for Lucky Star , which in turn , sold -its- entire out- put to Ruberoid within the -State of Colorado , we find that McCul- lough's operations are twice removed from interstate commerce' and do not meet the Board's present jurisdictional standards for.assert- ing jurisdiction .3 We shall, therefore, dismiss the petition insofar as it pertains to McCullough . I . . - - . ,- '2.. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of Lucky Star Roofing Products Corp . within the meaning of Section 9 (c) (1) and Section - 2 (6) and (7) of the Act. 4. We find the following employees of Lucky Star Roofing Prod- ucts Corp. at its plant located at 156 W. 56 Avenue, Denver, Colorado, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : , All 'production and maintenance employees, including warehouse employees, but excluding office clerical employees, guards , and super- visors as defined in the Act. [Text of Direction of Election omitted from publication.] ' - [The Board dismissed the petition as to John C. McCullough.] 'Brooks Wood Products, 107 NLRB 237, at 233; McDonald, 'McLaughlia & Deane, 110 NLRB 1340, at J341, W A Swanson Logging Go, et al., 111 NLRB 495 Consolidated Coppermines Corporation and International Union of Mine, Mill and Smelter Workers, Independent, Petitioner and Teamsters Local 533, International Brotherhood of Team- sters, Chauffeurs, Warehousemen & Helpers of America, AFL, and International Union of Operating Engineers , Local 3, AFL, and Hod Carriers, Construction and General Laborers' Union, -Local -169, AFL, Joint Petitioners. Cases Nos. 20-RC-2846 and 2O-RC--.864. October 10, 1955 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed under Section 9 (c) of the 'Na- tional Labor Relations Act, a hearing was held in these consolidated cases 1 before Shirley N. Bingham, hearing officer. The hearing i The Petitioner objected at the hearing to the consolidation of these cases, on the .ground that it was improper for the three labor organizations designated as the Joint Petitioners to seek to represent the employees involved herein as a single representative. The Board has consistently held that two or more labor organizations may appropriately bargain as a joint representative . Sachs-Lawlor Company, 112 NLRB 50,7,,at footnote 2. Accordingly, we find no merit in this objection. • . "` ' . it - 114 NLRB No. 66.