Decatur Iron & Steel Co.

National Labor Relations Board - Board Decisions

Jun 26, 1943

50 N.L.R.B. 874 (N.L.R.B. 1943)

In the Matter of DECATUR IRON & STEEL COMPANY and NATIONAL
MARITIME UNION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
'ORGANIZATIONS
Case No. R-5388.Decided June 26, 1943
Mr. John H. Peach, of Decatur, Ala., for the Company.
Mr. Eugene M. Hill, of Decatur, Ala., for the C. I. 0.
Mr. C. L. Riley, of Decatur, Ala., for the A. F. of L.
Mr. Charles A. Smet, of St. Louis, Mo., for the Welders.
Mr. Wallace E. Royster, of counsel to the,Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
k
Upon a petition duly filed by, National Maritime Union, affiliated
with 'the Congress of Industrial Organizations, herein called the
C. I. 0., alleging that, a,question affecting commerce had arisen con-
cerning the representation ' of employees of Decatur Iron & Steel
Company, Shipbuilding' Division, Decatur, Alabama, herein called
the Company, the National Labor Relations Board provided,for an
appropriate hearing upon due notice before Erwin C. Catts, Trial
Examiner. Said hearing was held at Decatur, Alabama, on May 18,
1943. The Company, the C. I. 0., and International Brotherhood
of Boilermakers, Iron Shipbuilders, Welders & Helpers of Amer-
ica, A. F. of L., herein called the A. F. of L., and United Brother-
hood of Weldors, Cutters & Helpers of America, herein 'called the
Weldors, appeared, participated, and were afforded full opportunity
to be heard; to examine and cross-examine witnesses, and to intro-'
duce 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I." THE BUSINESS OF THE COMPANY
Decatur Iron & Steel Company,is an Alabama corporation with its
main office at Decatur, Alabama. The Company is engaged in the
50 N. L. R. B., No. 126.
874
0
DECATUR IRON & STEEL COMPANY 875
production of structural and ornamental steel; it has recently built
and is now operating a shipbuilding plant at Decatur, Alabama.
We are here concerned only with the employees of the Company work-
ing in the Shipbuilding Division. The Company purchases annually
approximately '14,000 tons of raw materials, consisting of steel bars,
shapes, plates, and sheets. Approximately, 30 percent of such mate-
rials is shipped to the Company from points outside Alabama. The
ships built by the Company are sold and delivered to the United
States Navy. The Company concedes; and- we find, that it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act.
IT. THE ORGANIZATIONS INVOLVED'
National Maritime Union is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership' em-
ployees of the Company.
International Brotherhood of Boilermakers, Iron Shipbuilders,
Welders & Helpers of America, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company. ,
United Brotherhood of Weldors, Cutters'& Helpers of America is
a labor organization, admitting to membership employees of the
Company. •
III. THE QUESTION CONCERNING REPRESENTATION
On April 26, 1943, the C. I. O. requested recognition of the Com-
pany as the exclusive bargaining representative of the production and
maintenance employees in the Company's Shipbuilding Division.
The Company replied that an existing contract with the Weldors,
covering a substantial number of employees, prevented the extension
of such recognition.
On November 10, 1942, the Board issued its Decision and Direction of
Election in a. representation proceeding involving the, Company, the
A. F. of L., and the Weldors.1 The decision found, a unit embracing
the employees of the Company engaged. in welding operations to be
appropriate and directed an election among the employees in that
unit. The Weldors, which was.the only labor organization appearing
on the ballot, won the election, and accordingly was certified by 'the
Board on December 10, 1942, as the bargaining -representative of the
Company's welding employees.
Subsequent to the election and prior to the certification, the Ship-
building Division of the Company suspended operations and did not
2 Matter of Decatur Iron d Steel Company, Shipbuilding Division , 45 N. L. R. B., 504.
876 ' DEICISIONS OF NArrIONAL LABOR' RELATIONS BOARD
reopen until February 1, 1943. On March 1; 1943, the Conipany 'and
the' Weldors entered into a collective 'bargaining contract, covering
the employees iri the unit for which the Weldors was certified., The
contract is to remain in force for 1 year and thereafter until a 30-
day notice of termination or modification is given by either party.
The. Company and the Weldors contend that the contract is a bar
to' a present investigation of representatives of those employees. for
whom the Weldors was certified. The A. F. of L. and the C. I. O.
contend that the Weldors has been moribund and has not effectively
represented the' employees and, consequently, the contract should not
constitute a bar. There is no support in the record for this con-,
tention, and we find, accordingly, that the Weldors' contract con-
stitutes a bar to a present investigation of representatives of those
employees of the Company .embraced by the Weldors' unit, as certi-
fied by the Board. •
At the hearing the A. F. of L. and the C. I. O. requested an elec-
tion among the, remaining production and maintenance employees
should the 'Board find the Weldors' contract to be a bar as above.
The Weldors do not wish to,participate„in such an election. The
Company opposes an election on the ground that its operations are
expanding, and that it has not yet attained a full complement of
employees. At the time,of the hearing approximately 220 produc-
tion and maintenance employees were on the Company's pay- roll
excluding those in the Weldors' unit. Employment of such elll-
ployees will level off at approximately 375 in July 1943. Since an
election conducted now, in, accordance with our usual procedure, will
permit a representative group constituting a large majority of the
projected total of employees to designate a representative, we find
the objection of the Company to be without merit.
A statement of the Field Examiner introduced into evidence at
the hearing, indicates that the A. F. of L. and the C. I. 0. -each
represents a substantial, number of employees, in, the unit hereinafter
found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the mean-
ing of Section'9 (c), and Section 2, (6) and (7) of the Act.
z The Field Examiner stated that the C. I. 0. submitted 99 designations all bearing
apparently genuine original signatures . Fifty-eight designations were dated in April
1943, and bore the names of persons whose names appear on the Company's pay roll of
April 18, 1943. The said pay roll contains the names of 148 persons within the appro-
priate unit
The Field Examiner further stated that the A . F. of L . submitted 66 designations, all
of which bore apparently genuine original signatures . Forty-seven designations were
dated in April 1943 and bore the names of persons whose names appear on the Company's
pay roll of April 18, 1943:
DECATUR IRON & STEEL COMPANY
IV. THE APPROPRIATE UNIT
877
By virtue of our finding in-Section III, above, as to'the Welders'
contract, employees covered by the Certification in the prior case are
excluded from the unit here sought. This will not, however; pre-
clude the Board from finding at a later date that such,employees
may be included in an industrial unit such as requested in the-
petition. -
The C. I. 0., the A. F. of L., and the Company are in' agreement
in respect to a unit encompassing the remaining production and
maintenance employees but for a dispute concerning quartermen
whom the Company and the A. F. of L. would include. The Com-
pany employs three such employees who are in charge of the lead-
men, and were excluded from- the unit by the Board in the prior
decision. , It appears from the testimony that quartermen. have super-
visory. authority and the right to recommend the hire, and discharge
of employees., In accordance with our settled, policy, we shall ex-
clude them from the unit.3 . , I '
In accordance with the discussion above and with the agreement
of the parties, we find that all employees of the Company employed
in the Shipbuilding Division in Decatur,- Alabama; including lead-
men,4 but excluding quartermen, foremen, 'supervisors, welders, 'cut-
ters, and their helpers, clerical employees, timekeepers, inspectors,
and guards, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning, 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 means of an election by secret ballot among
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National La-
bor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
Matter of The Maryland Drydoek Company, 49 N L R. B 733
' Leadmen are strawbosses who work with groups of 5 to 12 men They have no super-
visory authority but advise and instruct the employees working with them. They have
no authority to hire, discharge or recommend such action.
,878 DEICTSION'S OF NATIONAL LABOR RELATIONS ' ' BOARD
tives for the purposes of collective bargaining with Decatur Iron &
Steel Company, Decatur, 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 all
employees of the Company within the unit found appropriate . in
Section IV, `above; -who were employed • during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during said pay-roll period because' they
were ill or on vacation or temporarily laid off, and including em-
-ployees in'the armed forces of the United States who present them-
selves in person at the polls, but excluding employees who have since
quit or been discharged for cause, to determine whether they desire
t o'!be"represented<