Southern Prison Co.

In the Matter of SOUTHERN PRISON -COMPANY AND SOUTHERN STEEL COMPANY and INTERNATIONAL ASSOCIATION OF BRIDGE , - STRUCTURAL AND ORNAMENTAL IRON WORKERS, SHOPMEN'S LOCAL 583 Case No. 16-R-713.Decided November 13, 1943 Messrs. J. C. Hall and Arley V. Knight, both of San Antonio, Tex., for the Company. Messrs. John Peace and R. E. Swayze , both of San Antonio, Tex., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Bridge, Structural and Ornamental Iron Workers, Shopmen's Local 583, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Southern Prison Company and Southern Steel Company, San Antonio, Texas, herein called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Bliss Daffan, Trial Examiner. Said hearing was held at San Antonio, Texas, on October 13 and 14, 1943. The Companies and the Union appeared, participated, and 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 hearing are free from prejudicial error, and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Southern Prison Company and Southern Steel Company, both Texas corporations, are principally engaged at the present time in the manufacture of critical war materials for the United States Army. 53 N. L. R. B., No. 108. . 604 SOUTHERN PRISON COMPANY 605 In the course and conduct of their business, the Companies receive substantial amounts of raw materials from points outside the State of Texas; they also ship substantial percentages of their finished products to points outside the State of Texas.' The Companies admit that they are engaged in commerce within the meaning of the National Labor Relations Act. If. THE ORGANIZATION INVOLVED International Association of Bridge, Structural and Ornamental Iron Workers, Shopmen's Local 583, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Companies refuse to recognize the Union as the exclusive bargaining representative of their employees until the Union has demonstrated its majority status by means of an election. Statements of the Field Examiner, introduced into evidence both at and subsequent to the hearing, indicate that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Companies within the meaning of Section 9 (c) and Section 2 (6) and (i) of the Act. IV. THE APPROPRIATE UNIT The Union seeks to represent a unit consisting of all production and maintenance employees of the Companies with the exception of clerical, technical, and supervisory employees. The Companies, while 'In a prior proceeding , the record disclosed that the Southein Prison Company is nor- mally engaged in the manufacture , sale, distribution , and installation of iron and steel prison and jail equipment , and that the Southern Steel Company is normally engaged in the manufacture, sale, distribution , and installation of tanks, butane systems, and other steel and iron equipment. It was admitted in that proceeding that the Companies are subject to the Board's jurisdiction . See Matter of Southern Prison Company, 46 N. L. R. B. 1268. 2 The Field Examiner originally reported that the Union submitted 82 designation cards bearing apparently genuine and original signatures ; that because he could not obtain a pay roll of the Companies lie was unable to check said designations and to ascertain how many of the navies appearing on the designations also appeared on the Companies' pay roll Subsequent to the hearing, the Field Examiner, having obtained a pay roll of the Com- panies, prepared a second statement, which was introduced into evidence. In this state- ment he reported that the Union submitted a total of 96 designation cards, of which 73 bore the apparently genuine original signatures of persons whose names appealed upon the Companies' pay roll of October 2, 1943 ; and that said pay roll contained a total of 178 names of persons engaged within the unit hereinafter found appropriate we find that the above showing is substantial . See Matter of Remington-Rand, Inc, 40 N. L. R. B. 1100, Cf. Matter of Semon Bache & Co., 39 N. L R. B. 1216 559015-44-vol. 53-40 606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD agreeing substantially to the foregoing unit, contend that maintenance employees are not properly included within said unit. Maintenance employees: The Companies employ four individuals whom they designate as maintenance employees. These persons are engaged in the maintenance of the Companies' machinery, lights, and equipment throughout the plant, and are responsible to the shop superintendent. One of them is called the chief maintenance man and the remaining three work under his direction and supervision. Al- though he performs substantially the same amount of physical labor as the other maintenance employees, the chief maintenance man pos- sesses the power to make recommendations with respect to the hiring and discharge of those working under his supervision. In accordance with our usual practice, we shall exclude the chief maintenance man from the unit hereinafter found appropriate. However, in accord- ance with our usual policy, we shall include the remaining mainte- nance employees within the unit hereinafter found appropriate. We find that all production and maintenance employees of the Com- panies, excluding clerical and technical employees, the chief mainte- nance men, and all other- supervisory employees who have the power to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot. The companies object to the inclusion within the unit of employees whom they charac- terized at the hearing herein as transients. They contend that these employees have no intention of becoming regular employees, and lack sufficient interest to warrant their inclusion within the unit ; they, therefore, argue that eligibility to vote in the election should be lim- ited to those employees who have been engaged by the Companies for a period of at least 6 months. The record discloses that the Companies have a high turnover in personnel and that in order to maintain pro- duction, they employ whatever labor is available, without any appar- ent recourse to seniority or other rules. However, all employees en- gaged by the Companies are hired on a permanent basis, and no dis- tinction is made, either on the pay roll or elsewhere, between the al- leged transients and the so-called regular employees. Under these circumstances, we are of the opinion that the position taken by the Companies is untenable.3 In accordance with our, usual practice, we 8 See Matter of Bisbee Linseed Company, 34 N. L. R. B. 272. Cf. Matter of Nevada- California Electric Corporation, 20 N. L. R. B. 79. SOUTHERN PRISOT" COMPANY 607 shall direct that an election be held among those employees in the ap- propriate unit who were employed during the pay-roll period im- mediately 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Dntrmiu that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Southern Prison Company and Southern Steel Company, San Antonio, Texas, 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 Six- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appro- priate 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 em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Association of Bridge, Structural and Ornamental Iron `Yorkers, Shopmen's Local 583, affiliated with the American Federation of Labor, for the pur- poses of collective bargaining.