Vermont Marble Company And United Stone And Allied Products Workers Of America (c. I. O.), 185 (1942)

In the Matter of VERMONT MARBLE COMPANY and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA (C. I. O.) Case No. R-3793.-Decided July 8, 19.

Jurisdiction: marble quarrying and lime manufacturing industry.

Investigation and Certification of Representatives: existence of question: conflicting claims of rival representatives; contract entered into after institution of proceedings held no bar; prior certification in effect for over a year, of an organization which admitted that it presently represented only a small percentage of employees in the unit found appropriate, held no bar; election necessary.

Unit Appropriate for Collective Bargaining: partial system unit: production, maintenance, and railroad employees of the Company and its auxiliary companies at specified locations within a state, including the tablemen and helpers, the sampler, the office janitors, the passenger chauffeurs, the truck drivers, and the automobile repairmen, but excluding supervisory, clerical, office, and powerhouse employees, executives, part-time exhibit employees, mill graders, mill checkers, shop designers, shop checkers, and watchmen.

Mr. Edmund J. Blake, of Boston, Mass., for the Company.

Mr. Samuel E. Angoff, of Boston, Mass., for the United.

Mr. James S. Abatiell, of Rutland, Vt., for the Independent.

Mr. Robert R. Hendricks, 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 (C. I. 0.), herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of Vermont Marble Company, Proctor, Vermont, herein called the Company, the National Labor Relations Board, herein called the Board, provided for an appropriate hearing upon due notice before Albert J. Hoban, Trial Examiner. Said hearing was held at Rutland, Vermont, on April 30, 1942. The Company, the United, and Independent Marble Workers of Vermont, herein called the Independent, 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 Vermont Marble Company is a Vermont corporation with its principal office at Proctor, Vermont. The Company also operates under the trade name of 'Vermarco Lime Company,' and owns the entire capital stock of the Clarendon and Pittsford Railroad, a Vermont corporation.

The Company is engaged in the quarrying, finishing, and sale of marble, and the manufacture, distribution, and sale of lime. During the calendar year 1941, the Company converted, and it is continuing to convert, a substantial part of its operations to the boring, planing, and machining of metals and the processing of wood. It maintains and operates plants and quarries at West Rutland, Center Rutland,

Danby, Pittsford, and Middlebury,' Vermont. The Company also owns plants and quarries, which are not now in operation, at Middlebury, Swanton, Isle-La-Motte, Roxbury, Rochester, and Windham,

Vermont. Branch sales offices of the Company are located at Boston,

Massachusetts; New York City; and Cleveland, Ohio. Manufacturing plants and offices are located at Philadelphia, Pennsylvania;

Chicago, Illinois; Dallas, Texas; and San Francisco, California.

In the course of operating its business during the calendar year 1941, the Company purchased materials and supplies, including oils, steel, and chemicals, valued at more than $100,000. More than 50 percent of these materials and supplies was purchased outside of, and was shipped into, the State of Vermont. During the same period, the Company produced finished products valued at approximately $2,000,000, of which more than 50 percent was shipped to points outside the State of Vermont.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATIONS INVOLVED United Stone and Allied Products Workers of America is a labor organization affiliated with the Congress of Industrial Organizations.

   Independent Marble Workers of Vermont is an unaffiliated labor organization.

   These labor organizations admit to membership employees of the Company in the State of Vermont.

   SOperations at the Middlebury quarry are...