Birmingham Gas Co.

National Labor Relations Board - Board Decisions

Jun 1, 1943

50 N.L.R.B. 5 (N.L.R.B. 1943)

1
In the Matter of BIRMINGHAM GAS COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R-5309.Decided June 1, 1943
Messrs. E. L. All and Charles B. Gamble, of Birmingham, Ala., for
the Company.
Messrs. William E. Mitch and N. B. Maxwell, of Birmingham, Ala.,
for the Union. -
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by District 50, Uiiited Mine Work-
ers of America, herein called the Union, alleging that a question' af-
fecting commerce has arisen concerning the representation of em=
ployees of Birmingham Gas Company, Birmingham, Alabama; herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Dan M. Byrd, Jr.,
Trial Examiner. Said hearing was held at Birmingham, Alabama, on
May 7, 1943. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross'exam-
ine 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 entirerecord in the case, the
Board makes the following:
FINDINGS Or FACT
I. THE BUSINESS OF THE COMPANY
Birmingham Gas Company, an Alabama corporation, is a subsidiary,
of American Gas & Power Company. The Company is engaged in the,
business of supplying gas to the city of Birmingham and the imme'di-
'ately adjacent area. The Company does not manufacture any gas;
but purchases unpurified coke oven gas from various steel mills located
50 N. L. R. B., No. 2.
i
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536105-44-vol 50-2
6' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the' Birmingham area and natural gas from Southern Natural Gas
Company, which by its feeder line brings gas from the Louisiana and
adjacent fields. -The customers-of the Company are divided into three
major groups: purchasers of natural gas, raw unpurified coke oven
gas,'and purified coke oven gas, respectively. The Company oper-
ates for the benefit of these three classes of customers three distribution
systems, one distributing natural gas, one distributing purified coke
oven gas, and, another which services those customers of the Company
who use raw unpurified coke oven gas. '
Customers who use purified coke oven gas are chiefly domestic or
local commercial customers and small industrial concerns. However,
also among their number are a few instrumentalities of interstate com-
merce., The Company sells its natural and unpurified coke oven gas
to industrial concerns only. Its 12 natural gas customers purchased,
during,1942 amounts valued in the aggregate at $483,762.80, and the 16
unpurified coke oven gas customers purchased during the same period
amounts valued at $296,949.56. The president of the Company testified
that these industrial customers all did some interstate business, but that
he did not know its extent.2 I .
During the year 1942, the Company purchased, for the maintenance
of its, system, materials valued at $35,000, consisting of cast iron pipe,
steel pipe,-meters, and regulators; of which more than 50 percent was
shipped from points outside the State of Alabama. During the same
period the Company purchased gas appliances amounting in value to
$364,723, consisting of -ranges,, water heaters, refrigerators, • and• house-
heating equipment;'of which tliewa9t•majority4as shipped from points
outside the State of Alabama.
We find that the Company receives the natural gas which it dis-
tributes from points outside the State of Alabama, that it supplies
gas,to major industrial firms engaged in interstate commerce, and to a
number of instrumentalities of interstate commerce, and that a stop-
page of the operations of the Company would have a close, intimate,
and substantial effect on interstate commerce.3
' Western Union Telegraph Company, Postal Telegraph Company, Southern Natural Gas
Co., Birmingham Southern Railroad , Louisville and Nashville Railroad, Frisco Railroad,
Alabama Highway Express.
2 One of these customers is the Louisville and Nashville Railroad. For the business and
interstate character of the operations of some of the other industrial enterprises supplied
with gas by the Company, see Matter of Harbison-Walker Refractories Company and
United Construction Workers, Div of District 50, U. M. IV., affiliated with C I. 0 , and
Industrial Union, affiliated with the C. 1 0 , 43 N. L. It. B. 936 ; Matter of The Bas rett Com-
pany, Fairfield, Alabama, Plant and United Mine Workers of America, District 50, Local
Union 12053, 17 N. L R B 759, Matter of Southern Cement Company and Steel Woikeis
organizing Committee, 28 N L. R B 596; Matter of Virginia Bridge Company and In-
tel national Association of Bridge, Structural & Ornamental Iron Workers , Shopmen 's Local
530, 29 N. L. It. B. 241.
3 Consolidated Edison Co et al v. N. E. R. B. et al., 305 U. S. 197, Souther it Colorado
Power Co. v N L R B , 111 F. (2d) 539 (C C A 10).
BIRMINGHAM AS COMPANY 7
H. 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
On April 7, 1943, the Union requested the Company to recognize
it as exclusive bargaining representative for certain specified employees
of the Company. The Company refused unless and until the Union is
duly certified as such by the Board.
A- statement of the Field Examiner introduced in evidence at the
hearing indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.4
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 claims as appropriate a unit composed of employees
who do at least some manual work, as opposed to clerical workers.
Thus it desires thi t men engaged in meter reading, installation and
servicing, and collection work, as well as those working at the Com-
pany's gas plant, be included. It appears that these employees- con-
stitute a homogeneous industrial unit, in view of the nature of the
Company's. business. The Company takes no position as to the
composition of the 'unit.
Accordingly,- we find that all employees of the collection, meter
reading, meter shop, installation, main and service, and general stores
(porters) departments, and the gas plant, excluding the printing
department, the sales department, watchmen, clerical and office em-
ployees, the storekeeper, managers, superintendents, foremen and
assistant foremen, and all supervisory employees having the power
to hire and discharge or to recommend such action, constitute a, unit
appropriate for collective bargaining purposes within the meaning
of Section 9 (b) of the Act.
V. THE DETERIVIINATION 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 within the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
f
4 The Field Examiner reported that the Union submitted 100 cards , of which 93 , bearing
apparently genuine original signatures , correspond with names on the Company 's pay roll
of April 19 , 1943, containing 158 names
8 DECISI 'ON'S OF NATIONAL LABOR RELATIONS BOARD
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 2, as.amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Birmingham-Gas
Company, Birmingham, Alabama, an election by secret ballot shall
be conducted 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, Section 10, of said Rules and Regulations, among the employees
•in the unit found appropriate in Section IV,, above, who were em-
ployed 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
States who present themselves in person at the polls, but excluding
a'ny who have since quit or been discharged•for cause, to determine
whether or not they desire to'be represented by District 50, United
Mine Workers of Anierica,'for the purposes of collective bargaining.