Whiterock Quarries, Inc.

In the Matter of WHITEROCK QUARRIES, INC. and UNrrnD CEMENT, LIME & GYPSUM WORKERS INTERNATIONAL UNION, LOCAL No. 142',. AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No: R-2646:=Decided July 7, 1941' Jurisdiction : quarrying industry. Investigation and Certification of Representatives : existence of question.: re- fusal to accord union recognition; election necessary. Unit' Appropriate for Collective Bargaining : production and maintenance em- ployees, including watchmen, but excluding clerical and supervisory employees ; agreement as to. Mr. Oscar Brown, of Philadelphia, 'Pa., for the Company. .Mr. Joseph J. Knapik, of Bellefonte, Pa., and Mr. Arthur Strunck, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board: DECISION . AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 10, 1941, .United Cement, Lime & Gypsum Workers Inter national Union, Local No. 142, affiliated with the American Federa- tion of Labor, herein called the Union; filed with the-Regional. Direc- tor' for the .Sixth Region (Pittsburgh, Pennsylvania). a petition alleging. that a question affecting commerce had. arisen concerning the representation of employees of Whiterock Quarries, Inc.,. Belle- fonte, Pennsylvania;. herein called the Company,.and requesting an investigation and certification of representatives pursuant to Section 9' (c): of the National- Labor Relations- Act, 49- Stitt. 449, herein called the Act. On May 29, 1941, 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. June 5, 1941,, the Regional Director issued a notice of hearing,. copies of which- were duly served upon the Company and. the Union- 33 N. L. R. B., No. 34. 145 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to notice, a hearing was held on June 18, 1941, at Belle- fonte, Pennsylvania, before W. G. Stuart Sherman, the Trial Ex- aminer duly designated by the Chief Trial Examiner. The Com- pany, was represented by counsel, the Union by its representatives; both participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 THE COMPANY Whiterock Quarries, Inc., is a Pennsylvania corporation with its principal office at Bellefonte, Pennsylvania. The Company operates six quarries in the vicinity of Bellefonte, Pennsylvania, for the' pro- duction and distribution of various kinds of stone. During 1940 the Company purchased raw materials valued at about $163,000, approxi- mately 25 per cent of which were shipped to it from points outside he `'S'tate of--=Pennsylvania. ]during tbe's"Ysame period the Company sold finished products valued at about $613,000, approximately 25 per cent of which were shipped by it to points outside the State of Pennsylvania. H. THE ORGANIZATION INVOLVED United Cement, Lime & Gypsum Workers International Union, Local No. 142, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION °"The Company has. ;refused to recognize the Union as exclusive representative of its employees until such time as the Union is certified by the Board. A statement of the Regional Director, intro- duced in evidence, shows that the Union represents a substantial number of employees in the alleged appropriate unit.l We find that a question has arisen concerning the representation of employees of the Company. 1 The Regional Director reported that the Union presented 110 membership application cards bearing the names of persons who appear on the Company's pay roll of June 7, 1941. There are 263 employees on the June 7, 1941, pay roll who are in the alleged appropriate unit. WHITEHOCK QUARRIES, INC. 147- - 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 commerce and the free flow of commerce. - V. THE APPROPRIATE UNIT The. Company and the Union agreed at the hearing, and we find, that all production and- maintenance employees of the Company, in- cluding watchmen, but excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. We further find that such 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 We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We find that the employees of the Company eligible to vote'in the election shall be those employees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction hereinafter. - 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 Whiterock Quarries, Inc., Bellefonte, Penn- Sylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7)'of the National Labor Relations Act. 2. All production and maintenance employees of the Company, in- cluding watchmen, but excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective 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. 4.50122-42-vol. 33--11. 148 DECISIONS OF NATIONAL" LABOR RELATIONS BOARD 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 Whiterock Quarries, Inc., Bellefonte, Pennsylvania, 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 direc- tion and supervision of the Regional- Director for the Sixth 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 production and maintenance employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including watchmen, employees who did not work during such pay-roll period because they were ill or on vaca- tion or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory and clerical em- ployees. and employees who have since quit or been discharged for' cause, to determine whether or not they desire. to .be, represented by United Cement, Lime & Gypsum Workers International Union, Local No. 142, affiliated, with the American' Federation of Labor, for the purpose of collective bargaining; I