Railway Fuel Co.

National Labor Relations Board - Board Decisions

Aug 9, 1944

57 N.L.R.B. 1204 (N.L.R.B. 1944)

In the Matter Of RAILWAY FUEL COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. 10-R-1,243.-Decided August 9, 1944 -
Mr. D. K. McKamy, of Birmingham, Ala., for the Company.
Mr. Howard Nail, of Birmingham, Ala., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers
of America, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Railway Fuel Company, Parrish, Alabama, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before T. Lowry, Whittaker, Trial
Examiner. Said hearing was held at Birmingham, Alabama, on July
13, 1944. 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. All parties were afforded
an opportunity to file briefs with the Board.
Upon the, entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Railway Fuel Company, dt wholly-owned subsidiary of Southern
Railway Company, is an Alabama corporation with its office and
principal place of business located at Parrish, Alabama. It is
engaged in the mining and distribution of coal. During the last
12-month period preceding the date of the hearing the. Company
purchased products and materials for use in its operations valued in
57 N. L. R. B., No. 180.
1204
RAILWAY FUEL COMPANY 1205
,excess of $160,000, of which about $60,000 represents the value of
products and materials originating outside the State of Alabama. The
Company produced during the same period 650,000 tons of coal,,of
which more than 610,000 tons were sold and delivered to the Southern
Railway Company.
We find that the Company, is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to 'recognize the Union as the collective
bargaining representative of certain of its employees until the fact that
the Union represents a majority of the employees in its proposed unit
has been established "in the proper manner."
'A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found 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
The Union 'seeks a unit consisting of all clerical employees of the
Company at its Parrish, Alabama, office, including timekeepers; as-
sistant timekeepers, stenographer-clerks, stenographer, supply clerks,
assistant supply clerks, and rodman, but excluding all supervisors.
The Company does not,dispute the propriety of this proposed unit,
but contends that the stenographer and the 'rodman should be ex-
cluded therefrom:
The stenographer is assigned to the superintendent of the mines.
She takes his dictation, keeps his files, and answers his telephone in
his absence. The work of the superintendent includes the handling
of grievances. His stenogra'her receives dictation on such matters,
and has access to his confidential files. Under these circumstances we
are of the opinion that the stenographer is a confidential employee and
not properly part of a collective bargaining unit.
i The Field Examiner reported that the Union submitted 7 designation cards, of which
6 bore the signatures of persons appearing on the Company' s pay roll of June 15, 1944.
He further reported that said pay roll contained the names of 8 employees in the unit
proposed by the Union.
1206 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
The rodman-works under the chief engineer and the civil engineer.
This employee accompanies the engineer's. on their surveys of the
mine, and records the data supplied by them. His salary is less than
that of a timekeeper, but more than that of an assistant timekeeper.
Since his duties appear, for the most part, to be routine and clerical
in nature, we are of the opinion that he may properly be represented for
the purposes of collective bargaining in the clerical unit.
In accordance with the foregoing we find that all clerical employees
of the Company, at its Parrish, Alabama, office, including timekeepers,
assistant timekeepers, stenographer-clerks, supply clerks, assistant
supply clerks, and rodman, but excluding'the stenographer to the
superintendent and all supervisory employees with authority to hire,
promote, discharge, discipline, or 'otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 an election by secret ballot among the em-
ployees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Railway Fuel
Company, Parrish, Alabama, 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,
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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 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
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RAILWAY FUEL COMPANY 1207
States, who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election
to determine whether or not they desire to be represented by District
50, United Mine Workers of America, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
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