Southern Aggregates Corp.

In the Matter of SOUTHERN AGGREGATES CORPORATION and QUARRY WORKERS INTERNATIONAL UNION OF NORTH AMERICA, LOCALS No. 293, 294, 295 Case No. B-1812.-Decided May 13, 1940 Rock Quarrying Industry-Investigation ofRepresentatives : controversy con- cerning representation of employees : refusal by employer to recognize union as exclusive representative-Unit Appropriate for Collective Bargaining: all hourly paid production and maintenance employees at three quarries with specified inclusions and exclusions-Election Ordered Mr. Samuel M. Spencer, for the Board. Mr. Bennett H. Perry, of Henderson, N. C., and Mr. B. K. Las- siter, of Oxford, N. C., for the Company. Mr. J. B. Foreman, of Martinsburg, W. Va., for the Union. Mr. Louis Co/tin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 4, 1939, Quarry Workers International Union of North America, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Southern Aggregates Corpora- tion, Raleigh, North Carolina, herein called the Company,' and requesting an investigation and certification of representatives, pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 16, 1939, and February 6, 1940, respectively, the Union filed an amended petition and a second amended petition with the Regional Director. On April 17, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations- Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 19, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. 1 The Company was at that time known as Raleigh Granite Company. The second amended petition correctly designated the Company as Southern Aggregates Corporation. 23 N. L. R. B., No 73. 736 SOUTHERN AGGREGATES CORPORATION 737 Pursuant to the notice, a hearing was held on April 25 and 26, 1940, at Raleigh, North Carolina, before Albert L. Lohm, the Trial Ex- aminer duly designated by the Board. The Board and the Company were represented by counsel, the Union by its representative, and all participated in the hearing. Full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF TILE COMPANY The Company is a Delaware corporation having its principal office in Raleigh, North Carolina. It operates eight quarries; seven are located in the State of North Carolina and the eighth in the State of South Carolina. The quarries are engaged in the crushing of stone for commercial use. In 1939 the Company quarried and crushed 1,400,000 tons of rock, valued at approximately $1,500,000. These operations involved the use of explosives valued at approxi- mately $100,000, 85 per cent of which were shipped to the Company from the State of West Virginia. In 1939 the Company purchased approximately 2,500 tons of coal from sources in the States of Vir- ginia and West Virginia for the operation of its steam shovels, and expended approximately $150,000 for repair parts shipped to it from points outside the States of North Carolina and South Carolina. Approximately 34 per cent of the Company's production is sold to railroads engaged in interstate commerce. The Norfolk & Southern Railroad purchased approximately 150,000 tons of crushed rock from the Company in 1939, 26 per cent of which was unloaded by the Railroad in the State of Virginia. In 1939 the Seaboard Air Line Railroad unloaded in the State of Virginia 39,377 tons of crushed rock, all of which it purchased from the Company. The Company employs approximately 600 employees. This proceeding is concerned solely with the employees of the Company's quarries located at Graystone, Rolesville, and Wendell, North Carolina. These three quarries employ approximately 240 employees. II. THE ORGANIZATION INVOLVED Quarry Workers International Union of North America is a labor organization affiliated with the Congress of Industrial Organizations. It has a local at each of the Company's quarries at Graystone, Roles- 738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ville, and Wendell, North Carolina, and admits to membership all hourly paid production and maintenance employees, including truck drivers and shovel operators, but excluding those engaged in the sale, research, accounting, clerical, executive, and secretarial depart- ments and employees having the power to hire or discharge. III. THE QUESTION CONCERNING REPRESENTATION ' The Union commenced organizational activities among the em- ployees at the Company's Graystone, Rolesville, and Wendell quarries during October 1939. On December 1, 1939, the Union, claiming to represent a majority of the employees in these three quarries, requested the Company to deal with it as the exclusive. representative of the employees in the three quarries. The Com- pany refused this request, stating that it doubted the Union's claim to represent a majority of such employees. We find that ,a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and, tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union urges that all the hourly paid production and mainte- nance employees of the Company at its Graystone, Rolesville, and Wendell quarries, including truck drivers and shovel operators, but excluding the employees in the sales, research, accounting, clerical, executive, and secretarial departments and employees having the power to hire and discharge, constitute a, single unit appropriate for the purposes of collective bargaining. The Company did not state its position or introduce any evidence to dispute the appropri- ateness of the unit claimed by the Union. The Graystone, Rolesville, and Wendell quarries are located within 55 miles of each other and there is an occasional -interchange of employees between them. The other quarries of the Company are located at least 100 miles from the above three. The Company main- tains one machine shop and one electrical shop for all three of these quarries. The Union has conducted organizational activities among SOUTHERN AGGREGATES CORPORATION 739 the 'employees of only the above three quarries of the Company and claims to represent 42 of the 47 employees at the Rolesville quarry, 80 of the 110 employees at the Wendell quarry, and 80 of the 110 employees at the Graystone quarry. Under the circumstances, we see no reason for not finding an appropriate unit which coincides with the extent of the Union's organization. We find that all the hourly paid production and maintenance em- ployees of the Company at its Graystone, Rolesville, and Wendell quarries, including truck drivers and shovel operators, but excluding the employees in the sales, research, accounting, clerical, executive, and secretarial departments and employees having the power to hire and discharge, constitute a unit appropriate for the purpose of col- lective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES Although the Union claimed to represent a majority of the em- ployees in the appropriate unit, it desires that an election be held to resolve the question concerning representation. We will direct that an election by secret ballot be held. The Union urges that a pay roll of the Company for any period between December 1, 1939, and April 15, 1940, be used to determine eligibility to*vote in the election. The Company urges the use of a pay, roll immediately preceding the Direction of Election. There appears to be no reason why the pay roll immediately preceding the date of this Direction of Election should not be used to determine the eligibility of employees to vote in the election. We find that those eligible to vote in the election shall be employees in the appro- priate unit who were employed during the pay-roll period immedi- ately preceding the date of our Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those employees who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon-the entire record in the case, the Board makes the following : CONCLusIONs OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Southern Aggregates Corporation, Raleigh, North Carolina, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All the hourly paid production and maintenance employees of the Company at its Graystone, Rolesville, and Wendell, quarries, including truck drivers and shovel operators, but excluding the employees in the sales, research, accounting, clerical, executive, and secretarial departments and employees having the power to hire and discharge, constitute a unit appropriate for the purposes of collec- tive bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Southern Aggregates Corporation, Raleigh, North Carolina, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Di- rector for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the hourly paid pro- duction and maintenance employees of the Company at its Graystone, Rolesville, and Wendell quarries, who were employed during the, pay-roll period immediately preceding the date of this Direction, including truck drivers, shovel operators, employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding the employees in the sales, research, accounting, clerical, executive, and secretarial departments, employees having the power to hire and discharge, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Quarry Workers International Union of North America, affiliated with the Congress of Industrial Organizations, for the purposes' of collective bargaining.