Hawkins Iron Co.

In the Matter of HAWKINS IRON COMPANY and INTERNATIONAL-ASSC- CIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WoixERs, LOCAL 539, A. F. OF L. Case No. 10-R-1235.-Decided July 15, 19li Bradley, Baldwin, All &; White, by Mr. Sam Bronaugh., of Birming- ham, Ala., for the Company. Rosenthal cC Rosenthal, by Mr. Albert Rosenthal, of Birmingham, Ala., for the Union. ' Mr. Louis Cokin, of counsel to the Board. DECISION AND DI iEC'I`1ON OF ELECTION SiA'ITFMENT OF THE CASE Upon petition and amended petition duly filed by International Association of Bridge, Structural and Ornamental Iron Workers, Local 539, A . F. of L., herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Hawkins Iron Company , Birmingham , Alabama, herein. called the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before T. Lowry Whit- taker, Trial Examiner. Said hearing was held at Birmingham,. Alabama, on June 26 , 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to , examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. During the course of the hearing the Union moved, to amend Sections 8 and 9 of its amended petition to show itself as- the present bargaining agent. The Trial Examiner reselived. ruling thereon. The motion is hereby granted, although We do not thereby find that' the Union, has a present collective bargaining. agreement with the Company. The Trial Examiner's rulings made at the hear- ing aie free from'prejudicial error and are hereby affirmed. , All, parties were afforded full opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the''follow.ing. 57 N. L. R. B., No. 70. k371: 372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hawkins Iron Company is an Alabama corporation withsits princi- pal place of business in Birmingham , Alabama, where it is-engaged in the fabrication of steel products . From October 1943 to Juhe 1944 the Company purchased $5,000 ,worth of welding rods , which were -shipped to it from points outside the State of Alabama . During the -same period the Company received 6,000 tons of steel to be fabricated for Alabama Drydock Company , Mobile, Alabama . The latter Com- ,pany uses all the steel for building and repairing ships . During the aforementioned period the Company fabricated steel for the United States Navy and United States Maritime Commission valued at about $30,000,'about 50 per cent of which was shipped out of the State of Alabama. We find that the Company . is` engaged in commerce -, within the meaning of the National Labor Relations Act. - II. THE ORGANIZATION INVOLVED International Association of Bridge, Structural and Ornamental Iron Workers, Local 539, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING EEIRESENTATION The Company refuses to recognize the Union as exclusive collective bargaining representative of its employees until such time as the Union is certified by"the Board. A statement of a Field Examiner of the Board,,introduced into evi- dence at the hearing,-indicates that' the Union represents a substantial number of employees in the unit hereinafter found to be appropriate' During August 1940 the Union entered into a contract with Haw- - kins Ornamental Iron Company. Said Company was adjudged bank- rupt in-1941 and was thereafter purchased by the. Company. At the time the contract was entered into it covered approximately 12 em- ployees. Nolie of the parties contends that the contract is a bar to the instant proceeding. 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 (6)'ahd,.(7) of the Act. 1 The Field Examiner reported that the Union presented 40 ledger or authorization cards bearing the names of persons who appear on the Company 's pay roll of June 11, 1944. The are approximately 116 employees in the appropriate unit. I `HAWKINS IRON COMPANY ,1V. THE APPROPRIATE: UNIT 373 The parties -agree that all employees of the Company,; excluding sales, office and clerical employees, watchmen and' supervisors, con- stitute an appropriate unit. - The parties agree that leadernien should be included in the -unit. The record indicates that the, Company employs three such persons who are in charge of three respective' departments. They are directly respon,ible to the shop superintendent and assign jobs, give orders, and recommend hiring and discharging. We find that the leadermen are supervisory employees, and as such, we shall exclude them from the unit. We find that all employees of the Company, excluding sales, office,, and clerical employees, watchmen, leadermen, and any other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise' effect changes in the status of employees, or effectively recommend such action, 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 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. r 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 3, it is hereby DIREOTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Hawkins Iron 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, Sections 10 and 11, 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 374 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD date of this Direction, including employees, who did not work during such pay-roll period because theyowere,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 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 Asso- ciation of Bridge, Structural and Ornamental Iron Workers, Local 539; A. F. of L., for the purposes of collective bargaining. 11