Madison County Construction Co.

MADISON COUNTY CONSTRUCTION CO. 701 Madison County Construction Co. and International Union of Operating Engineers Local 410-410A-410C, Petitioner. Case No. 3-RC-16 8. March 5,1956 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. Cavers, hearing officer. The hearing officer's rulings made at the hearing are free, front prejudicial error and are hereby affirmed. Upon the entire record in this case , the Board finds : 1. The Employer is a New York corporation engaged in the build- ing of highways and bridges pursuant to contracts with the State of New York. During the calendar year 1954 it received in excess of $500,000 from the State of New York for its bridge- and road-building services, all of which were performed in the construction of State highways. It purchased all materials necessary to the performance of its roadbuilding contracts from points within the State of New York. The Emplb3rer contends that it is not engaged in commerce within the meaning of the Act. We find no merit in this contention. Clearly the construction of State highways and bridges, which themselves constitute essential links in channels of interstate commerce, affects commerce within the meaning of the Act. We so find . We find further that, as the value of the Employer's services in the construction of essential links in channels of interstate commerce exceeds $100,000 annually, the requirements of the Board's indirect outflow standard is met, and that it will effectuate the policies of the Act to assert juris- diction herein.' 2.' The labor organization named below claims to represent certaht employees of the-Employer. :3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the` purposes of collective bargaining within the mean- ing of'Section 9 (c) of the Act : z All operating engineers of heavy equipment employed by the Em- ployer at its various construction projects in the State of New York, including all journeymen ; oilers; mechanics ; and operators of steam, I P It Reei.e,s and Song. Inc . 111 NLltli 186 , Whippany }tote? Co Inc , 115 NLRB a2 Cf G G. McBride Company, 110 NLRB 1253. 2The unit is described in acemdance with the parties' stipulations The Petitioner would exclude two employees who operate the stone spreader, subgrader, and cement bin on the ground that they also perform wmb in the classifications not included in the unit. As the recoid shows that these employees noininlly operate the above-mentioned equip- ment and work in other job classifications only when such equipment is not in use, we find that they properly belong in the unit and we include them in the unit. 115 NLRB No. 99. ° 702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gasoline, or diesel driven shovels, bulldozers, euclid loaders, cranes, backhoes, graders, rollers, scrapers, 27-E pavers; and stone spreaders, subgraders, and cement bin operators; but excluding office clerical employees, professional employees, guards, watchmen, carpenters, truck and euclid drivers, and 11 supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBER RODOERS took no part in the consideration of the above De- cision and Direction of Election. -.-Monsanto Chemical Company (John F. Queeny Plant ) and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Number 562, AFL-CIO,' Petitioner. Case No. 14-RC-2701. March 7,1956 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William F. Trent, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer 3 3. The Board has decided to dismiss the instant petition because of ,the failure of -the Petitioner to renew its compliance with Section 9 (g) of the Act. This seems, therefore, to be an appropriate occasion to review and clarify the, Board's policies relating to the administration of Section 9 (g).' i As the AFL and CIO have merged since the hearing in this case, we are amending the Petitioner's and the Intervenor's designations accordingly. 8In view of our decision in this case, we find it unnecessary to pass upon the motions of the parties referred to the Board by the hearing officer. 8 The Intervenor, Local Number 16, International Chemical Workers Union, AFL=CIO, was' permitted 'to intervene in this' proceeding on the basis of its existing contractual intere+^st. , 4 Tho''statutory language of Section 9 (g) of the Act, as amended, provides : "It shall ',be the obligation of all labor of ganizations to file annually with the Secretary of Labor, in such form as the Secretary of Labor may prescribe, reports bringing up to date the ,information required to be supplied in the initial filing by subsection (f) (A) of this sec- tion, and to file with the Secretary of Labor and furnish to its members annually finan- •cuil reports in the foini and manner prescribed in subsection (f) (B). No labor organiza- tion shall be eligible for certification under this section as the representative of any em- ployees, and no complaint shall issue under section 10 with respect to a charge filed by a labor organization unless it can show that it and any national or inteinational labor oi- ganization of which it is an affiliate or constituent unit has compiled with its obligation under this subsection " 115 NLRB No. 102.