Monon Stone Co.

In the Matter Of MONON STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of INDIANA LIMESTONE COPPORATION and QIIA4mY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of HOADLEY BROTHERS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of INGALLS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of LUCERNE VALLEY ENGINEERING Co. and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of HUNTER BROTHERS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of B . G. HOADLEY QUARRIES, INC. and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of WOOLERY BROTHERS STONE Co. and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of CARL FURST STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of INDEPENDENT LIMESTONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of BLOOMINGTON LIMESTONE CORP . and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of SHAWNEE STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter Of VICTOR OOLITIC STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of REED-POWERS CUT STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of HELTONVILLE LIMESTONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of WALLIS STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA In the Matter of EMPIRE STONE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA 11 N. L. R. B., No. 5. 14 MONON STONE COMPANY ET AL. 15 In the Matter of SARE-HOADLEY STONE Co. and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA Cases Nos. R-773 to R-790, inclusive, respectively THIRD AMENDMENT TO DIRECTION OF ELECTIONS February 3, 1939 On December 2, 1938, the National Labor Relations Board, herein called the Board, issued its Decision and' Direction of Elections 1 in the above-entitled matter. On. December 19, 1938, the Board issued an Amendment to Direction of Elections,2 postponing the holding of the elections until "such time as the Board may in the future direct" for the purpose of hearing argument on motions filed by Federal Unions No. 21469 and No. 21471, herein called the Federal Unions. Argument was heard before the Board at Washington, D. C. on January 12, 1939. On January 21, 1939, the Board issued its Supple- mental Decision and Second Amendment to Direction of Elections 8 directing that the elections be held by secret ballot "on or before February 10, 1939." It having come to the Board's attention that the respective affilia- tion of the two labor organizations participating in the elections was omitted from the Direction of Elections, as amended, the Board hereby amends its Direction of Elections, as amended, by inserting the words "affiliated with the American Federation of Labor" after the words "Federal Unions No. 21469 and No. 21471" wherever they appear in said Direction, and by inserting the words "affiliated with the Committee for. Industrial Organization" after the words "Quarry Workers' International Union of North America," wherever they appear in said Direction. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Third Amendment to Direction of Elections. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES March 31, 1939 On December 2, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled cases. On December 19, 1938, the Board issued an Amendment to Direction of Elections ; on January 21, 1939, a Sup- plemental Decision and Second Amendment to Direction of Elec- tions; and on February 3, 1939, a Third Amendment to Direction 'ION L R. B. 64 210 N. L. R. B. 78. 810 N. L. R B. 79. 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Elections. The Direction of Elections, as amended, directed that an election by secret ballot be conducted on or before February 10, 1939, under the direction and supervision of the Regional Director for the Eleventh Region : (1) Among the employees of the 14 companies listed in Ap- pendix A, engaged in and about the quarries, excluding black- smiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the Inter- national Brotherhood of Blacksmiths, Drop Forgers, and Help- ers, Local No. 59, the International Association of Machinists, the International Association of Operating Engineers, Journey- men, Stone Cutters Association of North America, and the In- ternational Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers, to determine whether they desired to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organiza- tion, or by Federal Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, for the purposes of col- lective bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the companies listed in Ap- pendix A and Appendix B, provided that he has worked for one or more or all of the companies listed in Appendix A an amount of time greater in the aggregate than the amount of time that he has worked for any of the companies listed in Appendix B. (2) Among all the employees of the Heltonville Limestone Company engaged in and about the quarries, excluding black- smiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the International Association of Machinists, the Inter- national Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International As- sociation of Marble, Stone and Slate Polishers, Rubbers and Saw- yers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers, to determine whether they desire to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organization, or by Federal Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the companies listed in Appendix A and Ap- pendix B, provided that he has worked for a longer period for Heltonville Limestone Company than for any one of the other MONON STONE COMPANY ET AL. 17 companies listed in Appendix B, and for a longer period than for all 14 companies listed in Appendix A combined. (3) Among the employees of the Reed-Powers Cut Stone Company engaged in and about the quarries excluding black- smiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the International Association of Machinists, the Inter- national Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters- Helpers, and Terrazzo Work- ers Helpers, .to determine whether they desired to be represented by Quarry Workers International Union of North America, af- filiated with the Committee for Industrial Organization, or by Federal Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the companies listed in Appendix A and Appendix B, provided that he has worked for a longer period for Reed-Powers Cut Stone Company than for any one of the other companies listed in Appendix B, and for a longer period than for all 14 companies listed in Appendix A combined. (4) Among all of the employees of Hunter Brothers Stone Company engaged in and about the quarries, excluding black- smiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the International Association of Machinists, the Inter- national Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Work- ers Helpers, to determine whether they desired to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organization, or by Federal Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the companies listed in Appendix A and Appendix B, provided that he has worked for a longer period for Hunter Brothers Stone Company than for any one of the other companies listed in Appendix B and for a longer period than for all 14 companies listed in Appendix A combined. 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (5) Among the employees of Hoadley Brothers Stone Com- pany engaged in and about the quarries, excluding blacksmiths, machinists, clerical and supervisory employees, and craft em- ployees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the International Association of Machinists, the Inter- national Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Work- ers Helpers, to determine whether they desired to be repre- sented by Quarry Workers International Union of North Amer- ica, affiliated with the Committee for Industrial Organization, or by Federal Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, for the purposes of collec- tive bargaining, or by neither. For the purpose of this election an employee is hereby defined as one who has worked for 60 or more days for any or all of the companies listed in Appendix A and Appendix B, provided that he has worked for a longer period for Hoadley Brothers Stone Company than for any one of the other companies listed in Appendix B and for a longer period than for all 14 companies listed in Appendix A combined. Pursuant to the Direction, as amended, elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). Full opportunity was accorded to all parties to this investigation to participate in the conduct of the secret ballot and to make chal- lenges. On February 13, 1939, said Regional Director, acting pur- suant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon all the parties an Intermediate Report upon the secret ballot. As to the balloting and its results, the Regional Director reported as follows : (1) The 14 Companies Listed in Appendix A : Total Number of Employees Alleged Eligible to Vote____ 634 Total Number of Employees Voted_____________________ 602 Total Number of Valid Votes Cast_____________________ 599 Total Number of Votes for Quarry Workers Interna- tional Union of North America, affiliated with the C. I. 0--------------------------------------------- 181 Total Number of Votes for American Federation of Labor, Federal Unions No. 21469 and No. 21471 ----- 415 Total Number of Votes for Neither Organization--------- 3 Total Number of Blank Ballots_______________________ 0 Total Number of Void Ballots_________________________ 0 Total Number of Challenged Ballots______ _____________ 3 MONON STONE COMPANY ET AL.- 19 (2) Hoadley Brothers Stone Company: Total Number of Employees Alleged Eligible to Vote__ 12 Total Number of Employees Voted_____________________ 12 Total Number of Valid Votes Cast____________________ 12 Total Number of Votes for Quarry Workers Interna- tional Union of North America, affiliated with the C. I. 0--------------------------------------------- 1 Total Number of Votes for American Federation of Labor, Federal Unions No. 21469 and No. 21471______ 11 Total Number of Votes for Neither Organization-----___ 0 Total Number of Blank Ballots_______________________ 0 Total Number of Void Ballots________________________ 0 Total Number of Challenged Ballots__________________ 0 (3) Reed-Powers Cut Stone Company: Total Number of Employees Alleged Eligible to Vote --- 27 Total Number of Employees Voted_____________________ 25 Total Number of Valid Votes Cast_____________________ 24 Total Number of Votes for Quarry Workers International Union of North America, affiliated with the C. I. O___ 2 Total Number of Votes for American Federation of Labor, Federal Unions No. 21469 and No. 21471 ------- 21 Total Number of Votes for Neither Organization-___-_-_ 1 Total Number of Blank Ballots________________________ 0 Total Number of Void Ballots_________________________ 0 Total Number of Challenged Ballots___________________ 1 (4) Heltonville Limestone Company: Total Number of Employees Alleged Eligible to Vote ---- 59 Total Number of Employees Voted_____________________ 58 Total Number of Valid Votes Cast_____________________ 57 Total Number of Votes for Quarry Workers International Union of North America, affiliated with the C. I. O___ 0 Total Number of Votes for American Federation of Labor, Federal Unions No. 21469 and No. 21471 ------ 56 Total Number of Votes for Neither Organization--__-___ 1 Total Number of Blank Ballots________________________ 0 Total Number of Void Ballots_________________________ 0 Total Number of Challenged Ballots____________________ 1 (5) Hunter Brothers Stone Company: Total Number of Employees Alleged Eligible to Vote ---- 31 Total Number of Employees Voted_____________________ 30 Total Number of Valid Votes Cast_____________________ 30 Total Number of Votes for Quarry Workers International Union of North America, affiliated with the C. I. O__- 2 Total Number of Votes for American Federation of Labor, Federal Unions No. 21469 and No. 21471______________ 28 Total Number of Votes for Neither Organization---____- 0 Total Number of Blank Ballots________________________ 0 Total Number of Void Ballots__________________________ 0 Total Number of Challenged Ballots____________________ 0 On February 24, 1939, Quarry Workers International Union of North America filed with the Regional Director "objections to the conduct of the ballot, exceptions to the Intermediate Report, and 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD petitions for new elections." Thereafter the Regional Director re- ported to the Board that the Quarry Workers International Union of North America had presented no evidence to support its objec- tions and exceptions and that in the absence of such evidence he did not consider that the exceptions and objections raised a substantial and material issue with respect to the conduct of the ballot. Al- though afforded ample time and opportunity to present evidence to support its exceptions and objections, Quarry Workers International Union of North America has not done so. Therefore, the Board is also of the opinion that the exceptions and objections do not raise a substantial and material issue with respect to the conduct of the ballot. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 CERTIFIED that Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, have been designated and selected by a majority of all of the employees of the 14 companies named in Appendix A, excluding blacksmiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the Inter- national Association of Machinists, the International Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers, as their representatives for the purposes of collective bargaining and that pursuant to the pro- visions of Section 9 (a) of the Act Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, are the exclusive representatives of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other conditions of employment. IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor have been designated and selected by a majority of all the employees of Heltonville Limestone Company, excluding blacksmiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Black- smiths, Drop Forgers, and Helpers, Local. No. 59, the International Association of Machinists, the International Association of Oper- ating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and MONON STONE COMPANY ET AL. 21 Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Help- ers, and Terrazzo Workers Helpers, as their representatives for the purposes of collective bargaining and that pursuant to the provisions of Section 9 (a) of the Act Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, are the exclusive representatives of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other conditions of employment. IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor have been designated and selected by a majority of all the employees of Reed-Powers Cut Stone Company, excluding blacksmiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Black- smiths, Drop Forgers, and Helpers, Local No. 59, the International Association of Machinists, the International Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Pol- ishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers, as their representatives for the purposes of collective bargaining and that pursuant to the provisions of Sec- tion 9 (a) of the Act Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, are the exclusive representatives of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other conditions of employment. IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, have been designated and selected by a majority of all the employees of Hunter Brothers Stone Company, excluding blacksmiths, machinists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the International Associa- tion of Machinists, the International Association of Operating Engi- neers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers, as their representatives for the purposes of collec- tive bargaining and that pursuant to the provisions of Section 9 (a) of the Act Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, are the exclusive representatives of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other conditions of employment. 164273-39-von xi--3 22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, have been designated and selected by a majority of all the employees of Hoadley Brothers Stone Company, excluding blacksmiths, machin- ists, clerical and supervisory employees, and craft employees who have been or are represented by the International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, Local No. 59, the Interna- tional Association of Machinists, the International Association of Operating Engineers, Journeymen, Stone Cutters Association of North America, and the International Association of Marble, Stone and Slate Polishers, Rubbers and Sawyers, Tile and Marble Setters Helpers, and Terrazzo Workers Helpers, as their representatives for the purposes of collective bargaining and that pursuant to the provi- sions of Section 9 (a) of the Act Federal Labor Unions No. 21469 and No. 21471, affiliated with the American Federation of Labor, are the exclusive representatives of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other conditions of employment. APPENDIX A Monon Stone Company Independent Limestone Company Indiana Limestone Corporation Bloomington Limestone Corpora- Ingalls Stone Company tion Lucerne Valley Engineering Com- Shawnee Stone Company pany Victor Oolitic Stone Company B. G. Hoadley Quarries, Inc. Wallis Stone Company Woolery Brothers Stone Company Empire Stone Company Carl Furst Stone Company Sare-Hoadley Stone Company APPENDIX B Hoadley Brothers Stone Company Ileltonville Limestone Company Reed-Powers Cut Stone Company Hunter Brothers Stone Company 11 N. L. R. B., No. 5a.