Hawkins Iron Co.

In the Matter of HAWKINS IRON COMPANY and UNITED STEELWORKERS OF AMERICA, C. I. O. Case No. 10-R-19292.Decided November 2, 1944 Mr. S. M. Bronaugh, of Birmingham, Ala., for the Company. Messrs. R. E. Fair and R. M. Poarch, of Birmingham, Ala., for the Union. Mr. Louis Cokvm, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 0 Upon petition duly filed by United Steelworkers of America, C. I. 0., herein called the Union, alleging that a question affecting com- merce 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 ap- propriate hearing upon due notice before Louis Plost, Trial Examiner. Said hearing was held at Birmingham, Alabama, on October 6, 1944. The Company and the Union appeared at and participated in the hearing.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 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 Hawkins Iron Company is an Alabama corporation engaged in the processing of steel products at Birmingham, Alabama. From October 1943 to June 1944, the Company purchased $5,000 worth of raw ' Although International Association of Bridge , Structural and Ornamental Iron Workers and Local #539 thereof , were served with Notice of Hearing, they did not appear. 59 N. L. R. B., Nor. 7. 20 HAWKINS IRON COMPANY 21 materials, all of which was shipped to it from points outside the State of Alabama. During the same period the Company fabricated steel valued at about $30,000, about 50 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. H. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION 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 evidence at the hearing, indicates that the Union represents a sub- 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 We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company, ex- cluding office and clerical employees, watchmen, foremen, leadermen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate 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. 2 The Field Examiner reported that the Union presented 39 membership application cards. There are about 80 employees In the appropriate unit. 22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED 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 preced- ing 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 elec- tion, to determine whether or not they desire to be represented by United Steelworkers of America, C. I. 0., for the purposes of collective bargaining. MR. JOHN M. HOUSTON took no part in the. consideration of the above Decision and Direction of Election.