United States Pipe and Foundry Co.

In the Matter Of UNITED STATES PIPE AND FOUNDRY COMPANY and DISTRICT 50, UNITED MINEWORKERS OF AMERICA 'Case No. R-5187.Decided May 8,1943 Mr. Jelks H. Cabaniss, of Birmingham, Ala., for the Company.' Mr. William E. Mitch and Mr. N. B. Maxwell, of Birmingham, Ala., for District 50. Mr. N. D. Smith, of Cincinnati, Ohio, for the Molders. Mr. R. E. Farr, of Birmingham, Ala., for the U. S. A. Mr. Louis Cohin, of counsel to the Board'. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 50, United Mine Workers of America, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of United States Pipe and Foundry 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, Birmingham Alabama, on April 16, 1943. The Company, District 50, Interna- tional Molders & Foundry Workers Union of North America, herein called the Molders, and United Steelworkers of America, herein called 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 course of the hearing counsel for District 50 moved to exclude the U. S. A. from the balloting. The Trial Examiner reserved ruling. The motion is hereby denied for the reasons stated in Section V, infra. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. . ' " 49 N. L"B, B., No. 90 ' - 625 626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in,the case, the Board makes the following : FINDINGS OF FACT I. THE -BUSINESS- OF .THE' COMPANY United States Pipe and Foundry Company is a New Jersey corpora- tion operating three plants in. the State of, Alabama. We are here concerned with its plant at North Birmingham, Alabama, where it is engaged ,in the manufacture of cast-iron pipe and Army ordnance. Approximately, '10 percent of all raw materials used at the North Birmingham plant is shipped to it from points outside the State- of Alabama. During 1942 the Company produced over 50,000 tons, of cast-iron pipe, over 80 percent of which was shipped to points outside the State, of Alabama. The Company, .admits that it is engaged in commerce within the meaning of -the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a labor organiza; tion admitting to membership employees of the Company. International Molders & Foundry Workers Union of North America is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 'United Steelworkers of America is a labor' organization affiliated -with the Congress of Industrial Organizations; admitting to membei-- ship employees of the Company:' - ' III. THE QUESTION CONGERNING-REPRESENTATION Some time prior to February 22, 1943, District 50 requested the Company •to recognize it as exclusive representative of the employees of the North Birmingham plant. The Company refused this request on•the ground that it was operating under a contract with the Molders. On May 26, ,1941,,,the Company and the Molders entered into ran exclusive contract to run until May 26, 1942; The contract further provides that it shall be automatically renewed from year to year thereafter, unless notice of a desire to terminates is given by either party ;thereto at -least 30 days prior to any - annual. expiration , date. .Inasmuch as District, 50 made its claim upon the Company prior to 'April 26, 1943, we find that the contract does not constitute a bar,to a. determination of representatives at this time. , A statement of a Field Examiner of the Board, introduced into, evidence at the hearing, indicates that District 50 represents a sub- UNITED STATES PIPE AND FOUNDRY COMPANY 627 stantial number' of employees' in the unit hereinafter found to be 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 Act. IV. THE APPROPRIATE UNIT District 50 urges that all production and maintenance employees at the North Birmingham plant of the Company, including guards, but excluding clerks, supervisory employees, and assistant foremen, constitute an appropriate unit. The only controversy with respect'to the unit concerns assistant foremen. The Company employs 25 persons classified by it as assistant fore- rrien. District 50 urges that they be excluded from the unit; and the Molders, the U. S. A., and the Company' that they be included., The assistant foreman regularly perform production work and have no authority to recommend hire or discharge. They are paid on an hourly rate, in contrast to the regular foremen who are paid on a salary basis. It appears that the assistant foremen are covered by the ,contract between the Molders and the Company, and that they have benefited by pay raises granted to production employees. Since they have no authority to hire or discharge or to recommend such action, we shall include assistant foremen in the unit. The Company has approximately 25 persons on its pay roll classified as guards. , The guards are uniformed, armed, and sworn in as Aux- iliary United States Military Police. In accordance with our usual practice, we shall exclude armed guards from the unit. We find that all production and maintenance employees at the North Birmingham plant of the Company, including assistant foremen, but excluding clerks, supervisory employees, and armed guards, consti- tute 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 find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. District 50 urges that a pay roll as of February 22, 1943, the date of 'The Field Examiner reported that District 50 presented 248 membership application cards heating apparently genuine signatures of pet sons whose names appear on the Conr pang's pay loll of Februamy 22, 1943 There are approximately 699 persons in the appropriate unit The Dlolders did not piesentany esidence of membership, but relies upon -its contract as evidence of its mepmeseutation The U S A presented 30 membership application cards to the Tual Examiner, beaiing apparently genuine signatures of pet sons whose names appear, on the Conrpan5'5 pas moll of Febiuaiy 22, 1913. 531047-43-vol. 49-41 •628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD its petition herein,'be used to determine eligibility to vote. The Com- pany urges that a current pay roll be used for that purpose. The, Molders and the U.S. A. took no position with respect to the eligibility date. Inasmuch as no, persuasive reasons appear as to why we should depart from our usual practice, we shall direct that the employees eligible to vote in the election shall be those within the appropriate unit who were employed during the-pay-roll period immediately pre- ceding the date of the Direction of Election hefein, subject to the limitations and additions set forth in the Direction. District 50 contends that the U. S. A. should not be accorded a place on the ballot because of its small showing of representation among the employees of the Company. However, inasmuch' as an election is to be conducted, and- inasmuch as the U. S. A. has made some show- ing of membership, we shall accord it a place on the ballot. 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 Relations 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 United States Pipe and Foundry 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, 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 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 any such 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 they desire to be represented by District 50, United Mine Workers of America, or by International Molders & Foundry Workers Union of North America, affiliated with the American Federation of Labor, or by United Steelworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by none of said organizations.