Alabama Pipe Co.

In the Matter of ALABAMA PIPE COMPANY and UNITED STEELWORKERS OF AMERICA, C. I. O. Case No. R-503/.Decided May 10, 1943., Mr. C. A. Hamilton, Jr., of Anniston, Ala., for the Company. Mr. R. E. Farr, of Birmingham, Ala., and Mr. A. C. Burttran, of Ensley, Ala., for the U. S. A. Mr. John Heald, of Cincinnati, Ohio, for the Molders. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF TIIE CASE Upon petition duly filed by United Steelworkers of America, C. 1. 0., herein called the U. S. A., alleging that a question affecting commerce had arisen concerning the representation of employees of Alabama Pipe Company, Anniston, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ralph L. Wiggins, Trial Examiner. Said hearing was held at Anniston,, Alabama, on March'19, 1943. During the course of the hearing, the Trial Examiner granted a motion of International Molders and Foundry Workers Union, herein called the Molders, to intervene. The Company, the U. S. A., and the Molders appeared at and participated in the hearing and all parties 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. On April 2, 1943, the U. S. A. filed a motion with the Board to reopen the hearing for the purpose of taking additional evidence. On April 17, 1943, the Board denied the motion without prejudice to the right, within 10 days from the date'of the order, to renew the motion if a showing by affidavit and/or specific offer of proof were made in support of one of the allegations in the U. S. A.'s motion. The U. S. A. has not renewed its motion. 49 N. L. R. B., No. 94. 661 662 DECISIONIS OF NATIONAL LABOR RELATIONS BOARDt Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Alabama Pipe Company is an Alabama corporation engaged in the manufacture of cast iron soil pipe and pressure pipe. The Company's ,plant at Anniston, Alabama, known as the Lynchburg plant, is the only plant involved in this proceeding. Practically all raw materials used by the Company at the Lynchburg plant are obtained within the State of Alabama. During 1942 the Company, manufactured 32,000 tons of pipe at, its Lynchburg plant, approximately 99 percent of which was shipped to points outside the State of Alabama. The Com- pany admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Relations 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 Molders and Foundry Workers Union of North America is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE ALLEGED' QUESTION CONCERNING REPRESENTATION The U. S. A. contends that all production and maintenance em- ployees at the Lynchburg plant, excluding foremen, supervisory employees, clerical employees, and watchmen, constitute an appropri- ate unit. The Molders contends that a unit restricted to employees at the' Lynchburg plant is inappropriate and that the appropriate unit should be "industry-wide," consisting of the employees of all of the foundries represented in an industry-wide contract, including those at the Lynchburg plant of the Company. The Company took no position with respect to the scope of the unit. In support of its contention that the unit proposed by the U. S. A. is inappropriate and that the. "industry-wide unit" is appropriate, the Molders points to the history of collective bargaining on an industry-wide basis and the 'contracts resulting from its negotiations with a committee representing the manufacturers of.soil pipe in the South: In 1934, following arrangements previously made between the rep- resentatives of 11 -or 12 soil pipe manufacturers and the duly elected delegates of the Molders, a conference was held between a committee ALABAMA PIPE' COMPANY 663 representing the manufacturers and a committee representing the. Molders. At this meeting wages were discussed and rates agreed upon for pipe and soil pipe fittings. Subsequently, similar confer- ences between the committees were held annually and semi-annually, resulting in each instance in increased 'wage rates. On December 19, 1940, for the first time, a written contract was executed. By its terms the contract provided for recognition of the Molders as the exclusive representative of all the employees of -the manufacturers, and fixed wages and hours for such employees. The term of the' contract was for a period expiring December 31, 1941. Upon proper notice and after renewal of conferences by the same committees, supplemental contracts were similarly signed on June 11, 1941, and December 29, 1941. On December 18, 1942, the contract was renewed in the same manner for an additional period of 6 months. The written contracts in each instance provided for increased wage rates for the employees of the manufacturers represented by the in- dustry committee. . We are convinced that the history of collective bargaining has established an appropriate unit for employees of soil pipe manufac- turers represented by the industry committee. This committee has negotiated with the Molders since 1934. Substantial and significant subjects of collective bargaining and the results of the negotiations have been embodied in written agreements since 1940. In view of the history of bargaining upon a multiple-employer basis, we ,find that a unit restricted to` employees at the Lynchburg plant of the Company, as proposed by the U. ^S. A., is inappropriate for the pur- poses of collective bargaining.' Accordingly, we now find that no question affecting commerce concerning the representation of em- ployees in an appropriate unit has arisen. We shall, therefore, dismiss the petition of the U. S. A. ORDER Upon the basis of the foregoing findings of fact and upon the entire record in the case, the Board hereby. orders that the petition for investigation and certification of representatives of employees of Alabama Pipe Company, Anniston, Alabama, filed by United Steel- workers of America, C. I. 0., be, and it hereby is, dismissed. ' See Matter of Central Foundry Company and United Steelworkers of America, CIO, 48 N. L. R. B., 5.