Elberton Granite Industries

National Labor Relations Board - Board Decisions

Apr 22, 1943

49 N.L.R.B. 4 (N.L.R.B. 1943)

In the Matter of EII3ERTON GRANITE INDUSTRIES and UNITED STONE
AND ALLIED PRODUCTS'WORKERS OF AMERICA
Case No. R-51,09.-Decided April,22,1943
Mr. Clarence L. McLana/aan, of Elberton, Ga., for the Company.
Mr. J. B. Foreman, of Elberton, Ga., for the Union.
Mr. Lowis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
-STATEMENT OF THE CASE
- Upon petition duly filed by United Stone and Allied Products
Workers of America, herein called the Union alleging that a question
affecting commerce had arisen concerning the representation of em-'
ployees of Elberton Granite Industries, Elberton, Georgia, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before E. C. Catts, Trial
Examiner. Said hearing was held at Elberton, Georgia, on April 7,
1943. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial.
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby, affirmed.
Upon the entire record in the,case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Elberton Granite Industries is a Georgia corporation operating a
granite quarry at Elberton, Georgia. During 1942 the Company pur-
chased supplies-valued at about $5,000, a substantial portion of which
was shipped to it from points outside the State of Georgia. During
the same period the Company sold finished products valued in excess
of $100,000, approximately 45 percent of which was shipped to points
49 N L. R. B., No 2.
4
ELBERTON GRANITE IINDUSTiRIES 5.
outside the State of Georgia . The Company admits that it is engaged. -
in commerce within the meaning of the -National Labor Relations Act.
at its Elberton operations.
II. THE ORGANIZATION INVOLVED
United Stone'and Allied Products Workers of America is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 8, 1943, the Union requested the Company to recognize
it- as the exclusive representative of the employees at the, Elberton
quarry of the Company. The Company refused this, request until
such time as the Union is certified by the Board. -
A statement of a Field Examiner of the Board, introduced into
evidence during the hearing, indicates that the Union represents a
substantial number of- employees in the unit hereinafter found to be
appropriate."
We find that a question affecting commerce has arisen concerning the.
representation of employees of the Company, within the meaning of,
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT.
We find, in accordance with a stipulation of the parties, that all
employees in and about the quarries of the Company, excluding offi-
cials, supervisory and clerical employees, watchmen, and chief sawyers,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the 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 the limitations and additions set forth in
the Direction.
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
I The Field Examiner reported that the Union presented 21 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Dlaich
18, 1943, pay roll of the Company. There are approximately 32 persons in the appro-
priate unit.
6 DECISIONS OF NATIONAL- LABOR RELATI'ONTIS BOARD,
Act, and pursuant to Article III, Section, 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Elberton Granite
Industries, Elberton, Georgia, an"election by secret ballot shall be con-
ducted 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 Director for the Tenth Region, acting in this matter as agent
for the National Labor Relations Board and subject to Article III,
Section 10, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including any such employees who did not work during said,
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been' discharged for cause, to determinne
whether or not they desire to be represented by United Stone and
Allied Products Workers of America for the purposes of collective
bargaining.
1