Piedmont Granite Quarries Inc.

In the Matter Of PIEDMONT GRANITE QUARRIES INC. and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of OGLESBY GRANITE QUARRIERS and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of SOUTHERN QUARRYING COMPANY and QUARRY WORK- ERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of ELBERTON GRANITE INDUSTRIES INC. and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA , LOCAL No. 266 In the Matter of COMMOLI GRANITE COMPANY and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of AMERICAN GRANITE QUARRIES INC. and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 In the Matter of SOUTHEASTERN GRANITE COMPANY and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 266 Cases Nos. R-960 to R-966, inclusive, respectively THIRD SUPPLEMENTAL DECISION AND ORDER March 0, 1939 On October 14, 1938, pursuant to a Decision and Direction of Elections, as amended, of the National Labor Relations Board, herein called the Board, the Regional Director for the Tenth Region (Atlanta, Georgia) conducted an election by secret ballot among the employees of American Granite Quarries Inc., Elberton, Georgia, herein called the Company, employed in and about the quarry of the Company and classified as quarrymen, plug drillers, derrickmen, blacksmith helpers, channel bar runners or operators, jackhammer drill runners or operators, blasters, gang saw helpers, blacksmiths, 18 N L. R. B 1202; 9 N. L R. B. 40 and 41 11 N. L. R. B., No. 70. 897 898 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pneumatic drill operators, head ledgemen, water boys, and common laborers, whose names appeared on the May 25, 1938, pay roll of the Company, excluding supervisory and clerical employees and those who had since left the Company's employ, unless temporarily laid off for lack of work or unless a charge had been filed with the Board alleging that such employees had been discharged for union activity, to determine whether or not such employees desired to be represented by Quarry Workers International Union of North America, affiliated with the Committee for Industrial Organization, herein called the Union, for the purposes of collective bargaining. On October 18, 1938, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued, and on October 22, 1938, duly served upon all the parties an Intermediate Report on this election. As to the election and its results, the Regional Director reported as follows : Total Number Eligible to Vote______________________________ 32 Total Number of Ballots Cast_____________________________ 32 Total Number of Votes in favor of Quarry Workers Interna- tional Union of North America___________________________ 15 Total Number of Votes against Quarry Workers International Union of North America_________________________________ 16 Total Number of Challenged Ballots________________________ 1 Total Number of Void Ballots_______________________________ 0 Total Number of Blank Ballots____________________________ 0 On October 26, 1938, the Union filed with the Regional Director objections to the Intermediate Report, contending that five men, who were eligible to vote, namely, Early Allen, Raymond McIntosh, Dan Rucker, Willie Winn,2 and one Dorsey, were refused ballots, and that one man, Harleston Bond," who was ineligible to vote, was permitted to cast a ballot in spite of the Union's protest. The Regional Director, upon investigation, found that the Union's objections raised a substantial and material issue with respect to the conduct of the ballot; and on December 10, 1938, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, he issued and duly served upon all the parties a notice of a hearing to be held upon the ques- tions raised by the Union's objections to the Intermediate Report on the election. Pursuant to the notice, a hearing was held at Elberton, Georgia, on January 5, 1939, before Charles W. Whittemore, duly designated as Trial Examiner by the Board. The Board, the Company, and 2 Erroneously designated as Willie Wynn in the Union's objections $ Erroneously designated as Carlson Bonds in the Union 's objections. PIEDMONT GRANITE QUARRIES, INC., ET AL. 899 the Union were represented by counsel and participated in the hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses, and to produce evidence bearing upon the issues was afforded all parties. At the hearing the Union formally withdrew its objections to the ballot of Harleston Bond and to the denial of ballots to Dorsey and Rucker. During the hearing, the Union introduced testimony con- cerning an objection, not previously filed, to the ballot of Will Rucker. The Trial Examiner granted the motion of the Board's attorney to strike this testimony on the ground that the objection had not been made in accordance with Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended. The ruling is hereby affirmed. During the course of the hearing, the Trial Examiner made several rulings on other mo- tions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. After the hearing, the Company filed a brief with the Board. The names of Winn, Allen, and McIntosh appear on the May 25, 1938, pay roll of the Company, and they performed work which made them eligible for inclusion in the appropriate bargaining unit. They left the Company's employ subsequent to May 25, 1938, and prior to the holding of the election on October 14, 1938. The Union contends that they were temporarily laid off for lack of work and, therefore, eligible to vote. The Company contends that all three men were ineligible to vote because they had been permanently dis- charged subsequent to May 25 and prior to October 14: Winn, because ill health prevented performance of his duties ; Allen and McIntosh, because of their inefficiency as workmen. Winn, who is between 40 and 50 years old, was absent from work for 5 or 6 weeks during May and June 1938, because of illness. Early in July he returned to work, but in the third week of August 1938 his employment ceased, and he has not since worked for the Company. Winn testified that C. L. Hamilton, superintendent of the quarry, laid him off, informing him that the lay-off would last only a "few weeks" until more work was available, when he would send for Winn. Winn has never applied for reemployment with the Company, nor has the Company ever offered him reemployment. Hamilton testified that Winn actually was discharged because ill health prevented Winn from performing his duties and climbing ladders in the quarry. Prior to Winn's lay-off or discharge, his son had unsuccessfully sought employment with the Company; subsequent to Winn's lay-off or dis- charge, his son was employed by the Company, in order, according to Hamilton's testimony, to provide Winn's family with some income. 900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The evidence does not support the contention of the Union that Winn was temporarily laid off for lack of work. We find, therefore, that Winn was not eligible to vote in the election of October 14, 1938. Allen and McIntosh both left the Company's employ about July 13, 1938. Both testified that Hamilton told them that they were being laid off for a fortnight while a compressor at the quarry was being moved, and that he would send for them when there was work- for them. Hamilton testified that he discharged both men because their work had been unsatisfactory and because they had broken consider- able quarry equipment. The moving of the compressor, which con- sumed approximately 3 weeks' time, did not commence until about July 20, 7 days after both men ceased work. Neither of these men has ever been offered reemployment by the Company since July 13, 1938. Both asked Hamilton for reemployment 2 weeks subsequent to their lay-off and, according to their testimony, were told that there was no work then available for them. The evidence does not support the contention of the Union that Allen and McIntosh were temporarily laid off for lack of work. We find, therefore, that Allen and McIntosh were not eligible to vote in the election of October 14, 1938. The results of the election of October 14, 1938, show that no col- lective bargaining representative has been selected by a majority of employees. The petition for investigation and certification of repre- sentatives of employees of American Granite Quarries Inc. will, there- fore, be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations 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 ORDERED that the petition for investigation and certifi- cation of representatives of employees of American Granite Quarries Inc., Elberton, Georgia, filed by Quarry Workers International Union of North America be, and it hereby is, dismissed.