Hughs-Vertin Lime Co., 185 (1962)

HUGHES-VERTIN LIME COMPANY 185 APPENDIX A

Frances Avery Hazel Judge Max Cherny Clara Lusk Mildred L. Carter Joyce Kendrick Jewell Cox Ruby A Martin Ollie Chambers Virgie Mahan Mary Durham Helen Morgan Ruth Crabtree Ona Mason Winme Lu Gaither Dorothy Poe Florine Fitzgerald Imogene Parsons Lucille Gossett Martha Short Dorothea Garren Stena Ransom Gertrude Guffee James A. Smith Nellie V. Green Virginia Vitatoe Elizabeth Hart Edna Vandergriff Mary Gunter Lena Brock Dorothy Headrick Bertha Tilley George Hayes Cynthia Chambers Geneva Kelly Nellie Clark HUGHES-VERTIN LIME COMPANY and UNITED CEMENT,

LIME AND GYPSUM WORKERS INTERNATIONAL UNION,

AFL, Petitioner. Case No. 20-RC-2056. April 17, 1953 DECISION AND ORDER

Upon a petition duly-filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clement W.

Miller, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Upon the entire record in this case, the Board finds:

1. The Employer is engaged in commerce within the meaning of the Act.

2. The labor organizations involved claim to represent employees of the Employer.

3. No question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:

The Employer and Tri-Counties Building and Construction Trades Council, AFL, the Intervenor, assert that their current contract is a bar to this proceeding. The Petitioner contends that the contract, which contains a union-security clause, is not a bar because the Intervenor was not in compliance on the operative, or Mill-B, i date of the contract's automatic renewal clause, nor at the time the Petitioner requested recognition.

After a Board-directed election, 2 the Intervenor was certified on July 30, 1951, as the bargaining representative of the Employer's production and maintenance employees. On January 25, 1952, the Employer and the Intervenor executed the union-shop contract sasserted herein as a bar, effective January 1, 1952, for a 1-year period, with annual automatic renewal thereafter, absent written notice by either party of its desire to change the agreement at least 60 days before any anniversary date.

i See Mill-B, Inc.. 40 NLRB 346.

2 Case No. 20-RC-1355 (not reported in printed volumes of Board decisions).

3 Article III of the contract provides:

Section 1 . Membership in the Union shall be required as a condition of employment on and after the thirtieth (30th) day following the beginning of such employment or transfer into the bargaining unit, or the effective date of this Agreement , whichever is the later.

104 NLRB No. 20.

Neither party served such notice before November 1, 1952, the initial Mill-B date , and the contract was automatically renewed for an additional term of 1 year, commencing January 1, 1953.

On November 18, 1952, the Petitioner wrote the Employer requesting recognition as bargaining representative of the production and maintenance employees . On November 20, 1952, almost 3 weeks after the Mill-B date, it filed the instant petition , seeking these employees.

r The `administrative records of the Board...