Tennessee Coal, Iron and Railroad Co.

National Labor Relations Board - Board Decisions

May 5, 1943

49 N.L.R.B. 497 (N.L.R.B. 1943)

In tl1e Matter of TENNESSEE COAL, IRON AND RAILROAD COMPANY and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS
In the Matter of TENNESSEE COAL, IRON AND RAILROAD COMPANY and
UNITED STEELWORKERS OFAMERICA
Gases Nos. R-5101, R-5102 respectively.Decided May 5,1943
Mr. D. K. McKamy, of Birmingham, Ala., for the Company.
Mr. Van D: Jones, of Bessemer, Ala., for the Smelters.
Messrs. Noel R. Beddow, and Ruben D. Farr, of Birmingham, Ala.,
for the Steelworkers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Union of Mine, Mill and
Smelter Workers, herein called the Smelters, and United Steelworkers
of America, herein called the Steelworkers, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Tennessee Coal, Iron and Railroad Company, Birmingham,
Alabama, herein called the Company, the National Labor Relations,
Board provided for an appropriate consolidated hearing upon due
notice before Henry J. Kent, Trial Examiner. Said hearing was held
at Birmingham, Alabama, on April 1, 1943. The Company, the
Smelters, and the Steelworkers appeared, participated, and were af-
forded 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
Tennessee Coal, Iron and Railroad Company, a Tennessee corpora-
tion with its principal office at Birmingham, Alabama, is a subsidiary
49 N. L. R. B., No. 68.
497
495 DEIOISIONS OF NATIONAL 'LABOR RELATIONS BOARD
of 'United States Steel Corporation. The Company is engaged in
the manufacture, sale; and distribution of iron, in connection with
which it maintains sales offices in the principal cities of the United
States., It operates coal and iron mines and a dolomite and limestone
quarries. These iron mines and quarries are located at Muscoda,
Ishkooda, Wenonah, and Delonah, Alabama, districts which are col-
lectively'known as the Mountain, and so called herein. The Company
also operates a manufacturing division consisting of six plants in
Birmingham, Alabama. During the year 1940, approximately 78
percent of the finished products manufactured by the Company were
shipped to points outside the State of Alabama, and the Company's
operations have not materially changed since that period.
The Company concedes it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
M. THE QUESTIONS CONCERNING REPRESENTATION
The Company employs various persons in what is known as the
sanitary department of the Company, called the Sanitary Department
herein, to collect garbage and trash, service privies in mines and com-
pany-owned villages, and to do mosquito control work. - It is these
employees with whom we are concerned in this, proceeding, the
Smelters claiming as a collective bargaining unit those who work on
the Mountain, and the Steelworkers, the rest of the Sanitary Depart-
ment employees.
In 1933, the Muscoda,.Ishkooda, Wenonah, and Delonah division of
the Smelters was chartered, Locals 123, 153, and 157, taking into- its
membership all men working in and around the mines, and from
April 1934 until November 1941 the Smelters had a contract with
the Company, recognizing it as bargaining representative for those
employees who were its members. The president of the Smelters'
local testified that he handled grievances for the Sanitary Depart-
ment employees of* the Mountain, and during that time, the question
of their inclusion or exclusion from the coverage of the above-men-
tioned contract did not arise. The War Labor Board issued' a Di-
rective, dated October 26, 1942, ordering that the new contract being
negotiated between the Company and the Smelters' locals of the
TENNESSEE COAL, IRON AND RAILROAD COMPANY 499
Mountain,, contain a maintenance of membership clause and check-off
provisions. In connection with the check-off, the Smelters were di-
rected to furnish the Company with a list of its members and in com-
pliance with the terms of the Directive, the Smelters submitted to the
Company a list which included the Sanitary Department employees
of the Mountain. The Company questioned the right of the Smelters
to represent the Sanitary Department employees of the Mountain
under this contract. The petition herein was thereupon filed.
The Steelworkers executed a contract with the Company, dated
April 1, 1941, recognizing it as the representative of its members em-
ployed in and about the Company's steel manufacturing and byprod-
uct coke, plants. The War Labor Board issued a Directive, dated
August, 26, 1942, granting the Steelworkers a maintenance of mem-
bership clause and check-off provisions. Since that time the Steel-
workers requested recognition as collective bargaining agent of the
Sanitary Department employees not employed on the Mountain, and
the Company refused to so recognize it.
'A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the Smelters and the Steelworkers each
represents a substantial number of employees in the units hereinaftek
found appropriate.'
We find that questions affecting commerce have 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 UNITS
The Smelters contends that those employees of the Sanitary De-
partment, who. work on the Mountain, constitute ,an appropriate unit
for collective bargaining purposes, and the Steelworkers claims that
the remaining, employees of the Sanitary Department also constitute
an appropriate bargaining unit. The Company urges that the Sani-
tary Department is a homogeneous division of the Company and
should constitute only one bargaining unit. All parties agree on the
exclusion of supervisory employees.
The Sanitary Department is a division of the Company's depart-
ment of health. It is separate from the manufacturing and ore divi-
sions of the,Company and is headed by a chief inspector. The duties
of the Sanitary Department employees are similar throughout the
i The Field Examiner reported that the Smelters 'submitted 8 designations, all bearing
apparently genuine original signatures and dated 1 933. All the signatures on these
cards, together with the names on 4 additional dues records dated October and November
1942, correspond with names on the Company's pay roll of December 31, 1942 , containing
15 names Nsithin the alleged appropriate unit . The Field Examiner fuither reported that
the Steelworkers submitted 29 cards, of which 26, dated August 1942 to January 1943 and
bearing apparently genuine original signatures , correspond with names on the said pay
roll containing 39 names in the alleged appropriate unit.-
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500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department ; and the Company maintains a policy of department-wide
seniority . However, the Sanitary Department , although not divided
on a functional basis, is separated into geographical divisions.' The
Mountain division , coextensive with the unit desired by the Smelters,
is about 12 miles from Westfield , the headquarters of the other divi-
sions of the Sanitary Department . An inspector is in charge of the
Mountain division of the Sanitary Department and under him are
two foremen . No transfers are made between the Mountain and the
other divisions of the Sanitary Department , and, although additional
summer employees are hired for mosquito control work and laid off
after the season , these changes do not affect the separation of person-
nel between the Mountain and the other divisions of the Sanitary
Department . The use of two trucks is confined to the Mountain divi-_
sion. Four inspectors and a foreman supervise the work of the other
divisions of the Sanitary Department..,
It thus appears that the employees of the Sanitary Department can
function effectively as one bargaining unit or as two. Since it is de-
sirable wherever feasible in the determination of the appropriate unit
to take into account the desires of the employees involved , as shown
by the existing , state of organization , we find ( 1) that all ' the em-
ployees of the Sanitary Department of the Company , Muscoda, Ish-
kooda, Wenonah, and Delonah divisions , excluding inspectors; fore-
men, and supervisory, employees , constitute a unit appropriate for
collective bargaining within the meaning of Section 9 (b) of the Act,
and (2 ) that all employees of the Company 's Sanitary Department,
except the Muscoda, Ishkooda , Wenonah, and Delonah divisions, ex-
cluding inspectors, foremen, and supervisory employees , constitute a
unit appropriate fo"r' the purposes of collective 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 elections by secret ballot among the
employees in the appropriate units who were employed ' during the
payroll period immediately preceding the date of our Direction of
Elections , subject to the limitations and additions set forth therein.
DIRECTION OF ELECTIONS
,By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations,
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED ' that , as part of the investigation to ascertain repres'enta-
TENNESSEE COAL, IRON AND RAILROAD COMPANY 501
Lives for the purposes of collective bargaining with Tennessee Coal,
Iron and Railroad Company, Birmingham, Alabama, separate elec-
tions 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 Regu-
lations, among the employees in the units 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 States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause, to determine (1) whether or not all the employees of the Sani-
tary Department of the Company, Muscoda, Ishkooda, Wenonah, and
Delonah divisions, excluding inspectors, foremen, and supervisory
employees, desire to be represented by International Union df Mine,
Mill and Smelter Workers, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining; ' and ' (2)
whether or not all the employees of the Company's Sanitary Depart-
ment, except the Muscoda, Ishkooda, Wenonah, and Delonah divisions,
excluding inspectors, foremen, and supervisory employees, desire to
be represented by United Steelworkers of America, affiliated with the
Congress of Industrial Organizations, for the purposes 'of collective
bargaining.