Crane Co.

In the Matter of CRANE COMPANY and UNITED STEELWORKERS OF AMERICA, C.' I. O. Case No. 10-#_1192.-Decided July 20,1941./ Mr. Hobart A. MclVhorter, of Birmingham, Ala., for the Company. Messrs. R. M. Poarch and Louie Yates, of Birmingham, Ala.,.for_.the Union. Mr. Louis Cok t, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, C. 1. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Crane Com- pany, Birmingham, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before T. Lowry Whittaker, 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 bearing on the issues. The Trial Examin- er's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Crane Company is an Illinois corporation with its principal place of business at Chicago, Illinois. We are here concerned with its shop at, Birmingham-, Alabama, Where it is engaged in the fabrication of pipe.' During the 12-month period preceding the hearing the Company pur- chased raw- materials valued in excess of $300,000 for use at its Bir- 57 N. L. R B., No. 84 464 1 ' CRANE COMPANY' miligham 'shop, approximately 99 percent of which was shipped .to it 'from points outside the State of Alabama. ' During the same period the Company sold products from its Birmingham shop valued in excess of $500,000, about 60 percent of which was shipped to points- outside the State of Alabama. _ The Company admits, for the purpose of this proceeding, that it is engaged in commerce, within, the meaning of the National Labor Relations Act. It. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. I III. THE QUESTION CONCERNING REPRESENTATION On April 25,-1944, the Union requested the Company to recognize it as the exclusive collective bargaining representative of, the Com- pany's employees. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evidence-at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found appro- priate.^ We find that a question affecting commerce has arisen concerning the representation of employees of the' Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all employees at the Birmingham shop of the Company, excluding assistant shipping clerks, clerical employees, regular watchmen, guards, and all supervisory employees with authority to hire, pro- mote, 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 RFPRESENTATIVES We shall. direct that the question concerning representation which has arisen, by resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the 1 The Field Examiner reported that the Union presented 31 authorization cards bearing ap¢8rently genuine, signatures of.persona whose names appear on the Company's pay roll of May 6, 1944. ' There are approximately 81 employees in the appropriate unit. e 601248-45-vol. 57-31 466 , 'DECISIONS OF. NATIONAL LABOR RELATIONS' BOARD pay-roll period immediately 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 tbe,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 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Crane 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 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 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 United Steelworkers of America, C. I. 0., for the purposes of collective bargaining. - 0 I