Santa Cruz Portland Cement Company And International Associations Of Machinists, District Lodge #93, 444 (1943)

Docket Number:R-5802
Party Name:452

In the Matter of SANTA CRUZ PORTLAND CEMENT COMPANY and INTERNATIONAL ASSOCIATIONS OF MACHINISTS, DISTRICT LODGE #93 Case No. R-5802.-Decided September 6, 1943 Morrison, Hohfeld, Foerster, Schuman & Clark, by Mr. J. Hart Clinton, of San Francisco, Calif., for the Company.

Messrs. E. B. Scott and F. W. Gorham, of San Jose, Calif., for District Lodge #93.

Mr. John H. Leonard, of Santa Cruz, Calif., for Santa Cruz Local #46.

Mrs. Augusta Spaulding, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petitions duly filed by International Association of Machinists, District Lodge #93, herein called District Lodge #93, alleging that a question affecting commerce had arisen concerning the representation of employees of Santa Cruz Portland Cement Company, Davenport, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John Paul Jennings, Trial Examiner. Said hearing was held at Santa Cruz, California, on July 30, July 31, and August 4, 1943.

The Company, District #93, and United Cement, Lime & Gypsum Workers, Santa Cruz Local #46, herein called Santa Cruz Local #46, 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. All parties were afforded opportunity to file briefs with the Board.

444 445 Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Santa Cruz Portland Cement Company is engaged in the operation of a cement plant, consisting of a quarry and mill, at Davenport,

California. During 1942 the Company purchased gypsum, mined in Nevada, at an approximate cost of $107,000. The greater part of all raw materials used at the Company's plant was purchased outside California. During 1942 the Company sold products valued in excess of $3,000,000, of which approximately 25 percent was sold and shipped to points outside California.

  1. THE ORGANIZATIONS INVOLVED International Association of Machinists, District Lodge #93, is an unaffiliated labor organization. Lodge No. 504, an affiliate, admits to membership employees of the Company.

    United Cement, Lime & Gypsum Workers, Santa Cruz Local #46, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company.

  2. THE QUESTION CONCERNING REPRESENTATION In 1937, the American Federation of Labor, herein called the A.

    F. of L., and craft unions affiliated with the A. F. of L., began organizing employees of the Company at its mill and quarry. Employees on the repair gang at the mill joined International Association of Machinists, Local No. 504, herein called the Machinists, and electricians and certain other craft employees at the mill and at the quarry joined respectively appropriate affiliated craft organizations.

    During 1937, the A. F. of L. chartered for the Company's employees,

    Santa Cruz Cement Mill Workers' Union, Local No. 21162, herein called Local No. 21162. A majority of employees joined the federal labor union and relinquished their several craft affiliations. Employees on the repair gang, however, as a group, retained their membership in the Machinists. A few electrical employees retained their membership in their craft union. Other affiliated craft organizations gradually withdrew from the plant.

    On September 9, 1937, Local No. 21162 asked the Company for recognition as exclusive bargaining representative of employees at the mill and quarry. On September 13, 1937, the Company in writing accorded the desired recognition. The repair gang at the mill desired to constitute a bargaining unit separate from other employees of the Company and to be represented by the business agent of the Machinists in negotiating a contract with the Company for their group.

    In view, however, of the recognition accorded to the affiliated industrial union, the business agent of the Machinists agreed to the coverage of the repair gang under the same contract that included other maintenance and production employees of the Company. Representatives of the Machinists accordingly participated in discussions for the negotiation of a contract between the Company and Local No.

    21162. The wage scale for members of the repair gang was agreed upon by separate discussions between the Machinists and the Company. The rates thus agreed upon were incorporated into the general contract. On the instruction of their business agent, representatives of the Machinists signed the contract as representatives of the repair gang. This contract was signed on December 16, 1937, and was made...

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