028 NLRB 662
Georgia Granite Co.
In the Matter Of COGGINS GRANITE AND MARBLE INDUSTRIES, INC.,
' D/B/A GEORGIA GRANITE COMPANY
and INTERNATIONAL, UNION OF
OPERATING ENGINEERS
Case No. R-2086
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 17, 1940
On October 22, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled and other' proceedings,' wherein the Board, among
other things, directed that an election by secret ballot be conducted
among certain employees of Coggins Granite and Marble Industries,
Inc., d/b/a Georgia Granite Company, a party to these proceedings,
herein called the Company, to determine whether or not they desired
to' be represented by International Union of Operating Engineers, a
party to these proceedings, herein called the Union, for the purposes of
collective bargaining.
Pursuant to the Direction of Elections, an elec-
tion by secret ballot was conducted on November 20, 1940, under the
direction and supervision of the Regional Director for the Tenth Re-
gion (Atlanta, Georgia).. On November 29, 1940, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National-Labor Rela-
tions Board Rules and Regulations- Series 2, as amended, issued and
duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible----------------------------------------- 47
Total ballots cast-------------------------------------------- 18
Total number ballots cast for International Union of Operating
Engineers -------------------------------------------------
10
Total number ballots cast against International Union of Oper-
ating Engineers--------------------------------------------
8
Total number challenged ballots-------------------------------
2
Total number of void ballots-----------------------------------
0
Total number of blank ballots----------------------------------
0
1 27 N. L. R. B. 1016.
_
28 N. L•. R. B., No. 98
COGGINS GRANITE AND MARBLE INDUSTRIES, INC.
663
As regards the two challenged ballots, the Regional Director found
that they were cast by persons who were not employees of the Company,
and therefore recommended that said votes be not counted.
No ob-
jections to this finding and recommendation, to any other finding and
recommendation in the Election Report, or to the Conduct of the ballot
have been filed by the Company or the Union.
Accordingly, we hereby
sustain the findings and recommendations of the Regional Director.
The results of the election show that the Union has been designated as
statutory representative, and we shall so certify.
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor, Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that International Union of Operating Engi-
neers has been designated and selected by a majority of all production
employees of Coggins' Granite and Marble Industries, Inc., d/b/a
Georgia Granite Company, excluding employees' eligible to member-
ship in the Granite Cutters' Union and employees who are engaged in
a supervisory or clerical capacity, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a) of
the National Labor Relations Act, International Union of Operating
Engineers is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates-of pay, wages, hours
of employment, and other conditions of employment.