Alabama Pipe Co.

National Labor Relations Board - Board Decisions

May 10, 1943

49 N.L.R.B. 661 (N.L.R.B. 1943)

In the Matter of ALABAMA PIPE COMPANY and UNITED STEELWORKERS
OF AMERICA, C. I. O.
Case No. R-503/.Decided May 10, 1943.,
Mr. C. A. Hamilton, Jr., of Anniston, Ala., for the Company.
Mr. R. E. Farr, of Birmingham, Ala., and Mr. A. C. Burttran, of
Ensley, Ala., for the U. S. A.
Mr. John Heald, of Cincinnati, Ohio, for the Molders.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein called the U. S. A., alleging that a question affecting commerce
had arisen concerning the representation of employees of Alabama
Pipe Company, Anniston, Alabama, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Ralph L. Wiggins, Trial Examiner. Said
hearing was held at Anniston,, Alabama, on March'19, 1943. During
the course of the hearing, the Trial Examiner granted a motion of
International Molders and Foundry Workers Union, herein called
the Molders, to intervene. The Company, the U. S. A., and the Molders
appeared at and participated in the hearing and all parties 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.
On April 2, 1943, the U. S. A. filed a motion with the Board to
reopen the hearing for the purpose of taking additional evidence. On
April 17, 1943, the Board denied the motion without prejudice to the
right, within 10 days from the date'of the order, to renew the motion
if a showing by affidavit and/or specific offer of proof were made in
support of one of the allegations in the U. S. A.'s motion. The U. S. A.
has not renewed its motion.
49 N. L. R. B., No. 94.
661
662 DECISIONIS OF NATIONAL LABOR RELATIONS BOARDt
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Alabama Pipe Company is an Alabama corporation engaged in the
manufacture of cast iron soil pipe and pressure pipe. The Company's
,plant at Anniston, Alabama, known as the Lynchburg plant, is the
only plant involved in this proceeding. Practically all raw materials
used by the Company at the Lynchburg plant are obtained within the
State of Alabama. During 1942 the Company, manufactured 32,000
tons of pipe at, its Lynchburg plant, approximately 99 percent of
which was shipped to points outside the State of Alabama. The Com-
pany admits, for the purpose of this proceeding, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a ,labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Molders and Foundry Workers Union of North
America is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE ALLEGED' QUESTION CONCERNING REPRESENTATION
The U. S. A. contends that all production and maintenance em-
ployees at the Lynchburg plant, excluding foremen, supervisory
employees, clerical employees, and watchmen, constitute an appropri-
ate unit. The Molders contends that a unit restricted to employees
at the' Lynchburg plant is inappropriate and that the appropriate
unit should be "industry-wide," consisting of the employees of all
of the foundries represented in an industry-wide contract, including
those at the Lynchburg plant of the Company. The Company took
no position with respect to the scope of the unit. In support of its
contention that the unit proposed by the U. S. A. is inappropriate and
that the. "industry-wide unit" is appropriate, the Molders points to
the history of collective bargaining on an industry-wide basis and the
'contracts resulting from its negotiations with a committee representing
the manufacturers of.soil pipe in the South:
In 1934, following arrangements previously made between the rep-
resentatives of 11 -or 12 soil pipe manufacturers and the duly elected
delegates of the Molders, a conference was held between a committee
ALABAMA PIPE' COMPANY 663
representing the manufacturers and a committee representing the.
Molders. At this meeting wages were discussed and rates agreed
upon for pipe and soil pipe fittings. Subsequently, similar confer-
ences between the committees were held annually and semi-annually,
resulting in each instance in increased 'wage rates.
On December 19, 1940, for the first time, a written contract was
executed. By its terms the contract provided for recognition of the
Molders as the exclusive representative of all the employees of -the
manufacturers, and fixed wages and hours for such employees. The
term of the' contract was for a period expiring December 31, 1941.
Upon proper notice and after renewal of conferences by the same
committees, supplemental contracts were similarly signed on June
11, 1941, and December 29, 1941. On December 18, 1942, the contract
was renewed in the same manner for an additional period of 6 months.
The written contracts in each instance provided for increased wage
rates for the employees of the manufacturers represented by the in-
dustry committee. .
We are convinced that the history of collective bargaining has
established an appropriate unit for employees of soil pipe manufac-
turers represented by the industry committee. This committee has
negotiated with the Molders since 1934. Substantial and significant
subjects of collective bargaining and the results of the negotiations
have been embodied in written agreements since 1940. In view of
the history of bargaining upon a multiple-employer basis, we ,find
that a unit restricted to` employees at the Lynchburg plant of the
Company, as proposed by the U. ^S. A., is inappropriate for the pur-
poses of collective bargaining.' Accordingly, we now find that no
question affecting commerce concerning the representation of em-
ployees in an appropriate unit has arisen. We shall, therefore, dismiss
the petition of the U. S. A.
ORDER
Upon the basis of the foregoing findings of fact and upon the entire
record in the case, the Board hereby. orders that the petition for
investigation and certification of representatives of employees of
Alabama Pipe Company, Anniston, Alabama, filed by United Steel-
workers of America, C. I. 0., be, and it hereby is, dismissed.
' See Matter of Central Foundry Company and United Steelworkers of America, CIO,
48 N. L. R. B., 5.