49 N.L.R.B. 667 (N.L.R.B. 1943)

Tennessee Coal, Iron & Railroad Co.

National Labor Relations Board - Board DecisionsMay 10, 1943

49 N.L.R.B. 667 (N.L.R.B. 1943)

In the Matter of TENNESSEE COAL, IRON & RAILROAD COMPANY and UNITED STEELWORKERS OF AMERICA Case No.'R 5084 R.-Decided May 10, 1943 Mr. D. K. McKamy, of Birmingham, Ala., for the Company. Mr. Noel R. Beddow, of Birmingham', Ala., for the U. S. A. Mr. Thomas 0. Brown, of Birmingham, Ala., for the A. F. of L. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition *and amended petition duly filed by United Steel- workers of America, Herein called the U. S. A., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Tennessee Coal, Iron & Railroad Company, Birmingham, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Henry J., Kent, Trial Examiner. Said hearing was held at Birm- ingham, Alabama, on March 30, 1943. At the commencement of the hearing, the Trial Examiner denied a motion of Building and Con- struction Trades Council of Jefferson County and Vicinity, A. F. of L., herein called the A. F. of L., to intervene. The Company and the U. S. A. appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the hearing counsel for the A. F. of L. requested that the hearing be adjourned so that various craft unions affiliated with it might present their positions. The Trial Examiner denied the request. The, rulings of the Trial Examiner made at the hearing, other than the ruling referred to above, are free from prejudicial error and are hereby affirmed. On April 16, 1943, the Board issued an order reopening the record, referred the instant proceeding to the Regional Director and authorized a further hearing so that any interested craft unions affiliated with the A. F. of L. might appear and present their showing of representation, if any, and make their claims with respect to the appropriate unit or units known. Pursuant thereto a further hearing was held at Birmingham, Ala- 49 N. L. R. B., No. 96. 667 668 DECISIONS OF NATIONAL LABOR RELATION S BOARD bama, on April 29, 1943, before Carl C. Wheaton, Trial Examiner. Although the A. F. of L. was specifically served with notice of the further, hearing, it failed to appear at the hearing. However, the Trial Examiner stated at the hearing that he had been notified by the A. F. of L: that it would not appear and that it would not here- after request that the record in the instant proceeding be reopened. The Company and the U. S. A. appeared at and participated in the further hearing and all parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiner's rulings made at the further 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 1. THE BUSINESS OF THE COMPANY Tennessee Coal, *Iron & Railroad Company is a Tennessee corpora- tion with its principal office at Birmingham, Alabama. The Company is engaged in the manufacture, sale, and distribution of iron, steel, and steel products. We are here concerned with its Tenement Re- habilitation Department at Birmingham, Alabama. All but a negli- gible percentage of raw materials, -used by the Company is shipped to it from points outside the State of Alabama and 78.79 percent of its finished products is shipped to points outside the State of Alabama. The Company admits that it is engaged in commerce within the mean- ing of the National Labor Relations Act. II. TIIE ORGANIZ 1TION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION ' The Company refuses to recognize the U. S: A. as the exclusive representative of its employees in its Tenement Rehabilitation De- partment until such time as the U. S. A. is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the U. S. A. represents a sub- stantial number of employees in the unit hereinafter found to be appropriate .l I , I 'The Field Examiner reported that the U . S. A. presented 63 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of December 19, 1942. There are 130 employees in the appropriate unit. TENNESSEE COAL, IRON ' & 'RAILROAD COMPANY 669 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 We find, in accordance with a stipulation' of the parties, that all employees in the Tenement Rehabilitation Department of the Com- pany, excluding salaried employees, foremen , assistant foremen , super- visors in charge of any class of labor, watchmen , guards, and ' hourly or salaried confidential clerical employees, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. TIIE 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 the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of 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 Tennessee Coal, Iron' & Railroad 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, act- ing 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 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Steelworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.