Pine Mountain Granite Company

In the Matter of PINE MOUNTAIN GRANITE COMPANY and QUARRY WORKERS' INTERNATIONAL UNION OF NORTH AMERICA, BRANCH No. 20, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI- ZATIONS Case No. C-1230.Deciczed April 20,1939 Quarrying and Stone Processing Industry-Settlement : agreement to comply with Act, including reinstatement of employees who went on strike who make application for such reinstatement-Order: entered on stipulation. Mr. Alexander E. Wilson, Jr., for the Board. Mr. Scott Candler and Mr. William H. Mewbourne, of Atlanta, Ga., for the respondent. Mr. Joseph Jacobs, of Atlanta, Ga., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Quarry Work- ers' International Union of North America, Branch No. 20, affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint dated January 30, 1939, against the Pine Moun- tain Granite Company, Lithonia, Georgia, herein called the respond- ent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint and notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that although a majority of the employees in an appro- priate unit had designated the Union as their representative for the purposes of collective bargaining, the respondent had refused to bargain collectively with the Union; that the respondent had at- 12 N. L. It. B., No. 46. 360 PINE MOUNTAIN GRANITE COMPANY 361 tempted to persuade its employees while on strike to withdraw from the Union; and that the respondent by the afore-mentioned activities and by other acts, interfered with, restrained, and coerced its em- ployees in the exercise of the rights guaranteed in Section 7 of the Act. On February 6, 1939, the respondent filed its answer to the com- plaint in which it admitted the allegations concerning its corporate structure and the nature of its business, but denied the allegations concerning the scope of its business and the allegations of unfair labor practices. On the same date the respondent also filed a plea of res judicata and motion to dismiss, and certain demurrers to the complaint. Pursuant to notice a hearing was held on February 13, 14, 15, and 16, 1939, at Atlanta, Georgia, before Thomas S. Wilson, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board participated in the hearing and were rep- resented by counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On March 21, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : It is hereby stipulated And agreed by and between Pine Moun- tain Granite Company (hereinafter called the Respondent), Quarry Workers' International Union of North America, Branch No. 20 (hereinafter called the Union), and Alexander E. Wilson, Jr., Attorney, Tenth Region, National Labor Relations Board (hereinafter called the Board), for the purposes of the above- entitled proceeding, as follows : I Pine Mountain Granite Company, a Georgia corporation, is engaged in the business of quarrying and finishing granite stone at its Lithonia, Georgia, plant. It also maintains an office in Atlanta, Georgia. The Company's yearly consumption of raw materials, in addi- tion to the granite it procures from its quarry, is as follows : 1,200 tons of coal, all of which is obtained from sources out- side the State of Georgia; 4,000 pounds of dynamite, all of which is obtained from the warehouse of the Atlas Powder Company in Atlanta, Georgia, and all of which is manufactured and produced outside the State of Georgia; Electrical current valued at $1,800, all of which is obtained within the State of Georgia. The Company manufactures the following granite products : paving blocks, granite curbing, crushed stone, monumental stone, 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD building stone, rip-rap, jetty granite, rubble, granite dust, granite sand, and all other granite materials. The Company yearly produces approximately 24,000 tons of granite in the aforesaid forms, amounting in value to approximately $55,000. Approxi- mately 20 per cent of the physical amount or 25 per cent of the dollar value of these products is shipped outside the State of Georgia. II Quarry Workers' International Union of North America, Branch No. 20, is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to its membership all maintenance and production employees of the Company, ex- clusive of stone cutters, paving stone cutters, monumental work- ers, and supervisory and clerical workers. III It is hereby further stipulated and agreed that upon the plead- ings, the transcript of the record in this matter, and upon this stipulation, the Respondent shall consent and does consent to the entry forthwith by the National Labor Relations Board of the following : ORDER The National Labor Relations Board hereby orders that the Respondent, Pine Mountain Granite Company, its officers, agents, successors, and assigns shall 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bar- gaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with Quarry Workers' International Union of North America, Branch No. 20, or its representatives, as exclusive representative of its maintenance and production employees, exclusive of stone cutters, paving stone cutters, monumental workers, and supervisory and clerical workers. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Within thirty (30) days of approval of this stipulation, reinstate at the plant of Pine Mountain Granite Company, in Lithonia, Georgia, to his former position, or equivalent position, PINE MOUNTAIN GRANITE COMPANY 363 each of the employees who went on strike on June 22, 1938, who makes application for such reinstatement, without prejudice to his seniority or other. rights and privileges previously enjoyed ; (b) Upon request, bargain collectively with Quarry Workers' International Union of North America, Branch No. 20, or its representatives, as the exclusive representative of its maintenance and production employees, exclusive of stone cutters, paving stone cutters, monumental stone workers, and supervisory and clerical workers, with respect to rates of pay, hours of employ- ment, and other conditions of employment. (c) Post in conspicuous places throughout its Lithonia, Geor- gia, plant copies of the Order entered by the National Labor Relations Board, and notices stating that the Respondent will cease and desist in the manner aforesaid and that the Respond- ent will take the affirmative action as aforesaid. Such notices shall remain posted for a period of at least sixty (60) operating days from the date of posting. (d) Notify the Regional Director for the Tenth Region of the National Labor Relations Board in writing within ten (10) days from the date of this Order what steps the Respondent has taken to comply herewith. IV The stipulations herein made and the terms and provisions thereof are made subject to the approval of the National Labor Relations Board. V If these stipulations are approved by the National Labor Re- lations Board and if the National Labor Relations Board issues an order in accordance -with these stipulations, a decree enforcing said order may be entered by the appropriate United States Cir- cuit Court of Appeals, and the Respondent, Pine Mountain Granite Company, hereby consents to the entry of such decree and waives further notice of the application for such enforcing decree. On March 30, 1939, the Board issued its order approving the above stipulation, making it a part of the record in the case, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the above stipulation and the entire record in the case, the Board makes the following : 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Pine Mountain Granite Company, a Georgia corporation, is en- gaged in the business of quarrying and finishing granite stone at its Lithonia, Georgia, plant. The respondent also maintains an office in Atlanta, Georgia. The respondent's yearly consumption of raw materials, in addition to the granite it procures from its quarry, includes 1,200 tons of coal, all of which is obtained from sources outside the State of Georgia, and 4,000 pounds of dynamite, all of which is obtained from the warehouse of the Atlas Powder Company in Atlanta, Georgia, and all of which is manufactured and produced outside the State of Georgia. The respondent manufactures the following granite products : Pav- ing blocks, granite curbing, crushed stone, monumental stone, build- ing stone, rip-rap, jetty granite, rubble, granite dust, granite sand, and all other granite materials. The respondent yearly produces approximately 24,000 tons of granite in the aforesaid forms, amount- ing in value to approximately $55,000. Approximately 20 per cent of the physical amount or 25 per cent of the dollar value of these products is shipped outside the State of Georgia. We find that the above-described operations constitute a contin- uous flow of trade, traffic, and commerce among the several States. H. THE ORGANIZATION INVOLVED Quarry Workers' International Union of North America, Branch No. 20, is-a labor organization affiliated with the Congress of Indus- trial Organizations, admitting to membership all maintenance and production employees of the respondent, exclusive of stone cutters, paving stone cutters, monumental workers, and supervisory and cler- ical workers. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Pine Mountain Granite Company, Lithonia, Geor- gia, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted PINE MOUNTAIN GRANITE COMPANY .365 activities for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with Quarry Workers' Inter- national Union of North America, Branch No. 20, or its representa- tives, as exclusive representative-of its maintenance and production employees, exclusive of stone cutters, paving stone cutters, monu- mental workers, and supervisory and clerical workers. (2) Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Within thirty (30) days of approval of this stipulation, re- instate at the plant of Pine Mountain Granite Company, in Lithonia, Georgia, to his former position, or equivalent position, each of the employees who went on strike on June 22, 1938, who makes applica- tion for such reinstatement, without prejudice to his seniority or other rights and privileges previously enjoyed; (b) Upon request, bargain collectively with Quarry Workers' In- ternational Union of North America, Branch No. 20, or its repre- sentatives, as the exclusive representative of its maintenance and production employees, exclusive of stone cutters, paving stone cutters, monumental stone workers, and supervisory and clerical workers, with respect to rates of pay, hours of employment, and other con- ditions of employment; (c) Post in conspicuous places throughout its Lithonia, Georgia, plant copies of this Order and notices stating that the respondent will cease and desist in the manner aforesaid and that the respondent will take the affirmative action as aforesaid. Such notices shall remain posted for a period of at least sixty (60) operating days from the date of posting; (d) Notify the Regional Director for the Tenth Region of the National Labor Relations Board in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith.