Tennessee Coal, Iron and Railroad Co.

In the Matter of TENNESSEE COAL, IRON AND RAILROAD COMPANY and UNITED STEELWORKERS OF AMERICA , C. I. O. Case No 10-R-1452.-Decided June 18, 1945 .Messrs. John H. Williamson and Bordon Burr, of Birmingham, Ala., for the Company. Mr R. M. Poarch, of Birmingham , Ala., for the U. S. A. 41'r J. H. Simpson, of Wylam, Ala., and Mr. H. G. Fletcher, of Birm- ingham, Ala., for the Switchmen. Mr Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, C. I. 0., herein called the U S. A., alleging that a question affecting commerce had arisen concerning the representation of employees of Tennessee Coal, Iron and Railroad Company, Birmingham, Alabama, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Paul S. Kuelthau, Trial Examiner. Said hearing was held at Birmingham, Alabama, on May 4, 1945. At the commencement of the hearing, the Trial Examiner granted a motion of Switchmen's Union of North America, herein called the Switchmen, to intervene The Company, the U S. A, and the Switchmen appeared at and participated in the hearing and all parties were afforded full opportu- nity 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 62 N. L. R. B., No. 72. 534 TENNESSEE COAL, IRON AND RAILROAD COMPANY 535 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Tennessee Coal, Iron and Railroad Company is an Alabama corporation with its principal place of business at Birmingham, Alabama, where it is engaged in the manufacture of iron, steel, and steel products. It is a subsidiary of United States Steel Corporation. About 80 percent of the Company's finished products is shipped by it to points outside the State of Alabama. The Company admits that it is engaged in commerce within the mean- ing 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 membership em- ployees of the Company. Switchmen's Union of North America is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the U. S. A. as the exclusive collec- tive bargaining - representative of certain of its employees until such time as the U. S. A is certified by the Board. On October 4, 1943, the Company and the Switchmen entered into an exclusive contract covering the employees involved herein . The contract provides that it is terminable by 10 days ' notice of either party thereto. Inasmuch as the contract is more than a year old and terminable at any time by 10 days' notice, we find that it does not constitute a bar to a present determination of representatives. A statement of a Field Examiner of the Board , introduced into evi- dence at *the hearing, indicates that the U. S. A. represents a substantial 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all conductors in the rail transportation department of the Company, excluding all super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- 'The Field Examiner reported that the U S A presented 40 authorization cards There are approximately 75 employees in the appropriate unit . The Switchmen did not present any evidence of representation , but relies upon its contract as evidence of its interest in the instant proceeding 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mend such action , constitute a unit appropriate for the purposes of collec- tive 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. 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Tennessee Coal, Iron and Railroad 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, Sec- tions 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 the 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 they desire to be represented by United Steelworkers of America, C. I. 0., or by Switchmen's Union of North America, for the purposes of collective bargaining, or by neither. 2 This is the same unit as provided for in the contract between the Company and the Switchmen.