Tennessee Coal, Iron & R. R. Co.

National Labor Relations Board - Board Decisions

Jan 11, 1943

46 N.L.R.B. 941 (N.L.R.B. 1943)

S.i
In,the Matter of TENNESSEE COAL, IRON & R. R. Co., and UNITED
STEELWORKERS OF AMERICA
Case No. R-4,574.-Decided January 11, 1943
Jurisdiction : coal and iron ore and steel producing industry.
Investigation and Certification of Representatives : existence of question:
'refusal to grant recognition without certification of Board : elections necessary.
Units Appropriate for Collective Bargaining : separate elections to be conducted
among (1) all machinists, machinist helpers, and maclnnist apprentices em-
ployed'm the Shops Department of the Rail Transportation Department and
(2) all boilermakers, and those included in their craft, to determine whether
they desired separate units or industrial unit; and (3) all remaining employees
in the Shops and Roadway Departments, with specified exclusions.
Mr. D. K,. McKumy, of Birmingham, Ala., for the Company.
Cllr. Eugene Cotton, of Washington, D. C., for the U. S. A.
Mr. J. C. McGlon, of Washington, D. C., for the I. A. M.
Mr. C. L. 'Riley, of Birmingham, Ala., for the Boilermakers.
Mr. Robert L. Tillman, of counsel to the Board:
DECISION
'AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
Upon petition duly filed by United Steelworkers bf America, Herein
called the U. S. A., alleging that a question affecting commerce had
arisen concerning the representation of employees of Tennessee Coal,
Iron and Railroad Company, Birmingham, Alabama, herein called the
Company, at its Rail Transportation Department, the.National Labor
Relations Board provided :Novan appropriate hearing upon due notice,
before W. G. Stuart Sherman, Trial Examiner. Said hearing was held-
at Bifmingham, Alabamna, on November"20, 1942. The Company, the
U. S. A., and International Association of Machinists, Local Lodge
No. 271, herein called the I. A. M., and International Brotherhood of
Boilermakers, Iron 'Ship Builders and Helpers of America, herein
called the, Boilermakers,] 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, afrmed. Subsequent' to the hearing, all the parties filed briefs
which the Botird' has considered. '
Upon the entire record inn the case, the Board makes the following:
46 N L R B, No. 109.
941
-942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Tennessee Coal, Iron and Railroad Company, a Tennessee corpora-
tion, is a subsidiary of United States Steel Corporation, engaged in
the business of mining iron ore, coal, and related products, and in the,
manufacture, sale, and distribution of iron, steel, and steel products.
The Company operates 'several divisions in the vicinity of Birming-
ham, Alabama, among them being its Rail Transportation Depart-
ment, subdivisions of which are alone involved in this proceeding.
The Rail Transportation Department is not a common carrier, but
serves other divisions of the Company which have heretofore been
found to be engaged in commerce within the meaning of the National
Labor Relations Act. The Company admits that in the operation of
its Rail Transportation Department it is engaged in commerce within
the meaning of the 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 Association of Machinists, Local Lodge No. 271, and
International Brotherhood of Boilermakers, Iron Ship Builders and
Helpers of America are labor organizations affiliated withAhe,Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize any labor organization not.
certified asthe exclusive representative of its employees. A statement
of the Regional Director, introduced 'in evidence at the hearing, indi-
cates that each of the labor organizations represents a substantial num-
ber of employees in the unit it contends to be appropriate.' • • •
I The statement of the Regional Director may be summarized as follows
Proposed units
Combined Shops and Roadway Dcpts U S A ---_
Shops Dept
U'S A --------------------------------------------------
1 A NT_ --------
Boilermakers -- --------------------------------------
-Roadway Dept U S A ------------ -=------------------ -
Number of
employees
a propose
units
604
329
,60
b 38
275
Cards
submitted
497
(361)
34
21
(136)
Cards in
the unit
326
238
26
18
88
a Number of employees in Shops Department
" At the hearing it became clear that there are only 19 employees eligible to the Boilermakers Unit
Number of employees in Roadway Department.
TENNESSEE COAL, IRON' & R. R. CO - 943
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
A. Contentions of the parties
The U. S. A. and 'the Company are in agreement that the appro-
priate unit should comprise all production and maintenance employees'
In the Shops and Roadway Departments of the Company's Rail Trans-
portation Department, excluding salaried employees, foremen, super-
visors in charge of any classes of labor, or watchmen, guards, confi-
dential clerical employees regardless of method of compensation (but
not excluding other clerical employees on an hourly wage rate basis),
and locomotive engineers, firemen, hostlers, switchmen,-and conductors.
The I. A. M. would establish as a separate appropriate unit; all
machinists, machinist helpers, and machinist apprentices employed
in the Shops Department of the Rail Transportation iepartment who
are engaged in the general maintenance of machinery, engines, motors,
pumps, and locomotives, including those employed in the machine shop.
The Boilermakers urges a separate unit consisting of boilermakers,
layer-out man, boilermaker inspector, flanger and anglesmith, inter-
works boilermaker, boilermaker apprentice, boilermaker handy man,
boilermaker toolroom attendant; boilermaker helpers, and Hanger and
anglesmith helpers.
B. T/u proposed U.S.A. unit
- The Rail Transportation Department is one of five major divisions
operated by the Company as separate and distinct management units.
It is headed by a general superintendent and is subdivided into three
subdivisions: namely, the Shops Department, the Roadway Depart-
ment and the Operating Division. The latter division, consisting
of locomotive firemen, brakemen, conductors, engineers, etc., is not
involved in the present proceeding. The Rail Transportation Depart-
ment operates approximately 175 miles of-track, 41 locomotives and
2,000 cars, which serve the several divisions of the Company.
The Shops Department of the Rail Transportation Department con-
sists' of a compact group of buildings located at Pratt City, Alabama.'
The principal buildings inchule'a roundhouse, (which houses a machine
shop, pipe shop, and back shop), a car shop, a fabricating shop, and a
blacksmith- shop,' all devoted to the -repair and maintenance of loco-
motives and ears. The supervisory arrangement within the Shops
Department consists of a `foreman and assistant foreman over the
entire roundhouse, a foreman find assistant foreman over thie car shop,
944 i DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and a foreman over the blacksmith shop.2 The total number of em-
ployees in the Department is 329.' They are divided into approxi-
mately 67,different classifications. ,Of the total number of employees,,
roughly 56 are classified as machinists, machinists apprentices, and
machinist helpers, and comprise the employees whom the I. A. M.
contends to be an appropriate unit. Of the remaining employees,
approximately 19 have designations rendering them eligible to the
unit which the Boilermakers contends to be appropriate. Employees
not claimed by either the I: A. M. or the Boilermakers consist largely
of car repairmen and their helpers, laborers, boiler washers and their
helpers, blacksmiths, burners, pipe fitters and their helpers,,carpen-
ters, crane operators, and painters.
The several types of repairmen found in the Shops Department are
closely intermingled with one another in the performance of their daily
assignments, particularly in repairing locomotives. There is also
'some degree of overlapping in the wvbrk of different craftsmen. How'
ever, unlike the situation which exists in the Manufacturing Division
of the Company, the nature of the work performed in the Shops 'Depart-,
is such that the identity of the various crafts is preserved.
The Roadway Department is comprised almost solely of track
laborers. In addition there are a few track walkers, carpenters,
welders, and' miscellaneous employees. These 'employees, unlike the
employees of the Shops Department, are not stationed at one central
location. It is their function to build, maintain, and repair tracks
and bridges. .
Since the Roadway Department and the Shops Department are
both engaged in the maintenance of the Company's railway transpor-
tation system, and are tinder the same supervision, in the absence
of counter balancing `considerations the employees of the two depart-
ments could appropriately be included in a single unit for collective
bargaining purposes.
C. History of collective bargaining
In July 1937,,four craft unions affiliated with the American Feder-
ation of Labor, designating themselves the Federated Shop Crafts,
,approached the Company with an agreement covering their members
in the Shops Department. On June 2, 1938, the Company entered into
a members= only contract with the Federated Shop Crafts which, by
automatic renewal, is still in operation. In the last 2 years, however,,
all but two of the crafts have withdrawn from active participation in
the Federation, only the I. A. M. and the Boilermakers-having `66u'-
2 The record fails to indicate the supervisoi'y arrangement within the fabricating shop
2 This figure includes a total of approximately 40 employees stationed at Fairfield, Red
Mountain , and Easley , all towns within, 15 uriles of Pratt City
TENNESSEE COAL, IRON & R. R. CO 945
tinned to function through that body. The latter organizations have
made no demand on the Company for representation on a craft basis.
On April 1, 1941, the Company signed a members-only contract with
the U. S. A. for its'members both in the Shops Department and in the
Roadway Department. Prior to this time, the Company had dealt
with a committee of the U. S-. A.
In the Operating Division of the Rail Transportation Department
the Company has a contract with the Brotherhood of Locomotive Fire-
men and Enginemen, covering engineers and firemen.
D.,The proposed I. A.M. and the proposed Boilerindkers units
The machinists in the Shops Department have a special shop of
their own. All their work is not confined to this shop, however, for
like other repairmen when working on locomotives they work wher-
ever the locomotives are standing.' The record is clear that the work
performed by machinists is 'of ,a highly skilled nature.
The employees eligible to the unit proposed by the Boilermakers
have no shop of their own. They are engaged in repair. work on
boilers and repair 'work incidental thereto az; well as in structural
metal work. Such tasks require a high degree of skill.
The Company has an apprenticeship system for boilermakers and
machinists requiring 4 years of apprenticeship. Although the Com-
pany opposes representation upon a craft basis, its witnesses and
those of the two craft organizations consistently testified that the
Company does not assign one group of craftsmen' to perform the
work of another group. , In view of all the facts presented in this
proceeding, it is clear that the employees whore the I. A. M. and the
Boilet-makers, seek to represent constitute readily identifiable crafts.
This together with the fact that the Rall'Transportation Department
is not a producing unit of the steel industry as is the Manufacturing
Division,- serves to distinguish our decision in Matter-of Tennessee
Coal, Iron-and R. R. Co. and United Steelworkers of America, et. al.5
Upon the foregoing facts we find that all machinists, machinist
helpers, and' machinist apprentices employed in the Shops Depart-
ment of the Rail Transportation Department who are engaged in the
general maintenance of machinery, engines, motors, pumps, and loco-
motives, including those employed in, the machine shop, could prop-
erly constitute a separate unit or be included with the other employees
of the Shops Department and Roadway Department in a single unit.
We make a similar finding as respects the boilermakers, layer-out
man, boilei?maker inspector,- fltihger and anglesmith; 'interworks
d Three machinists are located at the Easley coaling station where they inspect and per-
form minor repairs on locomotives.
5 45 N. L. R. B. 423.
504086-43-vol. 46-60
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
boilermaker, boilermaker apprentice, boilermaker handy man, boiler-,
maker toolroom attendant, boilermaker, helpers, and Hanger and
anglesmith helpers.
In view-of these findings; we 'shall, make,no final determination of
unit at this time, but shall direct that separate elections' be held (1)
among all machinists, machinist helpers, and machinist apprentices
employed in the Shops Department of the Rail Transportation De-
partment who are engaged in the general maintenance of machinery;
engines, motors,-pumps, and locomotives, including those employed in
the machine shop, to determine whether they desire to be represented
by the U. S.A., the I. A. M. or neither; (2) among the boilermakers,
layer-out man, boilermaker. inspector, Hanger and. anglesmith, inter-
works boilermaker, boilermaker apprentice, boilermaker'handy man,
boilermaker toolroom attendant, boilermaker helpers,' and Hanger
and anglesmith helpers, to determine whether they desire to be repre-
sented by the U. S. A., the Boilermakers, or neither; and (3) among
the remaining employees in the Shops and Roadway Departments,
excluding salaried employees, foremen, supervisors in charge of any
classes of labor, or watchmen, guards, confidential- clerical employees
regardless of method-of compensation .(but not excluding other cleri-
cal employees on an hourly wage rate basis), and locomotive engi-
neers, firemen, hostlers, switchmen, and conductors, to determine
whether or not they desire to be represented by the U. ' S. A. Upon
the results of these elections will depend in part our determination
of the appropriate unit or units.
V. THE DETERMINATION OF REPRESENTATIVES
We-shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the em-
ployees' in the aforesaid voting groups who were employed during
the pay-roll 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 Rela-
tions Act, and pursuant to Article III, Section 9 of National Labor'
Relations Board Rules and Regulations-Series 2, a's amended it is
DIRECTED that, as part of the investigation to ascertain representa
tives for the purposes of collective bargaining with Tennessee. Coal,'
Iron and Railroad Company,=Birmingham,. Alabama, at .its Rail
Transportation Department, elections by secret ballot shall 'be coil-'
TENNESSEE COAL, IRON & R. R. 'CO. 947
ducted as early as possible , but not later than thirty ( 30) days from
the date of this Direction of Elections , under the direction and, super-
-vision 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
following groups of employees who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tions, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
aiid' including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any such
employees who have since quit or been discharged for cause :
1. All machinists; ' machinist helpers, and, machinist apprentices
employed in the Shops Department of the Rail Transportation De-
partment who are engaged in the general maintenance of machinery,
engines, motors, pumps, and locomotives, including those employed
in the machine shop, to determine whether ,they desire to be. repre-
sented by `United Steelworkers of America, C. I. 0., or by Interna-
tional Association of Machinists, Local Lodge No. 271, A. F. of L. for
the purposes of collective bargaining, or by neither;
2. The boilermakers, layer-out man, boilermaker inspector, flanger
and anglesinith, interworks- boilermaker, boilermaker apprentice,
boilermaker handy man, boilermaker toolroom attendant , boilermaker
helpers, and. Hanger, and anglesmith helpers, to determine whether
they desire to"be'represented by United' Steelworkers of America,
C. I. 0., or by International Brotherhood of Boilermakers, Iron Ship
Builders and Helpers of America , A. F. of L., for the purposes of
collective bargaining, or by neither; and
3: All employees in the Shops and Roadway Departments of the
Rail Transportation Department, excluding salaried employees, fore-
men, supervisors iu charge of any classes of labor, or, watchmen,
guards, confidential clerical employees regardless of method of com-'
pensation (but not excluding other clerical employees on an hourly
wage rate basis ), locomotive engineers , firemen; hostlers , switchmen,
and conductors, and the employees in groups 1 and 2 - above, to
determine whether or not they '. desire to be represented by United
Steelworkers of `America , C. I. t O ., for the purposes 'of collective
bargaining.