Tennessee Coal, Iron and Railroad Co.

In the Matter of TENNESSEE COAL, IRON AND RAILROAD COMPANY and UNITED ASSOCIATION OF IRON, STEEL AND MINE WORKERS Case No. R-5175.-Decided May 7, 19/3 Mr. D. K. McKamy, of'Birmingham, Ala., for the Company. Mr. C. M. Bloomfield, of Fairfield, Ala., for the Association. Messrs. R. E. Farr, C. E. Haigler and B. F. Gage, of Birmingham, Ala., for the Steelworkers. Mr. Guy E. Fowler, of Birmingham, Ala., for the Switchmen. Miss Muriel J. Le2nor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Association of Iron, Steel and Mine Workers, herein called the Association, 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 hearing upon due notice before George S. Slyer, Trial Examiner. Said hearing was held at Birming- ham, Alabama, on April 15, 1943. The Company, the Association, United Steelworkers of America, herein called the Steelworkers, and Switchmen's Union of North America, Red Mountain Lodge No. 46, herein called the Switchmen, 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 affirmed. - Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Tenessee Coal, Iron and Railroad Company, a. Tennessee corpora- tion with its principal office at Birmingham, Alabama, is a subsid- 49 I. L. R. B., No. 84. 588 TENNESSEE COAL, IRON AND RAILROAD COMPANY 589 iary 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, dolomite and limestone quarries, a manufacturing division and a transportation depart- ment, herein called the Transportation Department, which is alone involved in this proceeding. During the year 1940, 78.79 percent of the finished products manufactured by the Company were shipped to points outside the State of Alabama, and the Company's opera- tions have not materially changed since that period. The Company concedes that it is engaged in commerce within the meaning of the, National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Association of Ii on, Steel and Mine Workers is an unaffil- iated labor organization, admitting to memership 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. Switchmen's Union of - North America, Red Mountain Lodge No. 46, is a labor organization- affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Since November 12, 1937, the Association has had a contract with the Company recognizing it as the representative of those employees of the Company in the manufacturing division and Transportation Department who were its members, until the contract's cancellation by the Company after the Steelworkers won an election on Decem- ber 17, 1942, in the manufacturing division, for the production and maintenance employees. However, before that time, on or about May 16, 1941, the Company refused to permit the coverage of the then existing contract to include the Transportation Department. Since then elections have been held for particular categories of em- ployees in the Transportation Department, and on August 7, 1942, the Board certified the Brotherhood of Locomotive Firemen & Enginemen as representative of the locomotive engineers, firemen, and hostlers, and on January 12, 1943, the Switchmen was certified as representative of all conductors. However, the Company's switch- men alid flagmen have never been included in any of the units rep-' resented by collective bargaining agents. About August or Septem- ber 1942, the Association asked the Company to recognize it as the 11 590 DECISION'S OF NATIONAL L:AiBOR , RELATIONS BOARD representative of the switchmen (including flagmen)-and the Com- pany refused unless and until • it was duly certified as such by the Board. A statement of the Field Examiner, introduced into evidence at the hearing, indicates that the Association represents a substantial number of employees in the unit hereinafter found appropriate.' 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 National Labor Relations Act. - I\'. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all switchmen and flagmen employed in the rail transportation depart- ment of the Company, constitute a unit appropriate for 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 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 in the Direction .2 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 represent- atives for the purposes of collective bargaining with Tennessee Coal, Iron and Railroad Company, Birmingham, Alabama, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Relations ' The Field Examiner reported that the Association submitted 130 cards , of which 128 bore apparently genuine original signatures corresponding with names on the Company's pay roll of March 1, 1943 , containing 191 names. The Field Examiner also reported that the Steelworkers submitted 20 designations bearing apparently genuine original signatures corresponding with names on the afore- said pay roll. 2 The Switchmen shall not be placed on the ballot since no application -for-membership cards , dues records , or other i epresentation designations were submitted by it. - TENNESSEE COAL, IRON AND RALLROAD COMPANY 591 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 bcause 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 employees who have since quit or been discharged for cause, to determine whether they desire to be rep- resented by United Association of Iron, Steel and Mine Workers, or by United Steelworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargain- ing, or by neither.