Lansdowne Steel and Iron Co.

In the Mattel of LANSDOWNE STEEL AND IRON COMPANY, GADSDEN, ALA, and INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, LOCAL #136 In the Matter of LANSDOWNE STEEL AND IRON COMPANY and IN- TERNATIONAL ASSOCIATION OF MACHINISTS, LODGE #1301 In the Matter of LANSDOWNE STEEL AND IRON COMPANY and IN- TERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, LOCAL #633 Cases Nos. R-3950, R-3951, and R-395. , respectively -Decided July 9, 19,12 Jurisdiction . ordnance manufactuimg industry Investigation and Certification of Representatives : existence of question re- quest that certification be obtained, elections necessary Units Appropriate for Collective Bargaining : (1) all electrical workers engaged in construction, maintenance and operation of electrical equipment and appa- ratus, elects is overhead crane operators, and elects is tractor operators, with 'specified inclusions and exclusions, (2) all machinists, machinists' helpers, machinists' apprentices, machine operators, machine and maintenance em- ployees and helpers, mil iwuughts and helpers, tool and die makers, machine tool grinders, welders and burners, working foremen, lead men, and gas powered tractor operators with specified exclusions, (3) all heat treating department employees and helpers, and forge shop employees, with specified inclusions and exclusions -stipulations as to Hood, Inter, Martin ct Suttle by Mr 0 R Hood and Mr J C Inter, of Gadsden, Ala, for the Company. Mr Hugh W Brown and Mr J R. May, of Birmingham, Ala, for the I.B E W. Mr J C. McGlon, of Washington, D C, for the Machinists Mr. Harry Bay/es, of Chicago, Ill , for the Blacksmiths Mr Charles W Schneider, of counsel to the Board DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly Bled by International Brotherhood of Electrical Workers, Local #136, International Association of Ma- chinists, Lodge #1301, International Brotherhood of Blacksmiths, 42 N L R B, No 5-4 243 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Drop Forgers and Helpers, Local #633, herein called respectively the I B E W, the Machinists, and the Blacksmiths, alleging that questions affecting commerce had arisen concerning the representa- tion of employees of Lansdowne Steel and Lou Company, Gadsden, Alabama, heiein called the Company, the National Labor Relations Board provided for an appi opriate heai ing- upon due notice before Thomas H Ramsey, Trial Examiner Said hearing was held at Gadsden, Alabama, en June 17, 1942 The Company, the I B. E W , the Machinists, and the Blacksmiths, appeared and paiticipated 1 All parties were afforded opportunity 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 Upon the entire record in the case the Boai d makes the following :' FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Lansdowne Steel and Iron Company is a Pennsylvania coipora- tion opeiating plants at Gadsden, Alabama, and Moiton, Pennsyl- vania The present pioceeding involves only the Gadsden, Alabama. plant The Gadsden plant, which is opeiated by the Company but owned by the United States Government, is engaged in the manufacture of shells for war puiposes Twenty-five peicent of the raw materials used at Gadsden, consisting of billet steel, copper bands, and natural gas, is secured fiom sources outside the State of Alabama Substan- tially all the finished shells pioduced at Gadsden are shipped to points outside the State of Alabama The Company admits that for the purpose of these proceedings it is engaged in commeice within the meaning of the National Labor Relations Act II THE ORGANIZATIONS INVOL\ ED International Brotherhood of Electiical Workers, Local #136, In- ternational Association of Machinists, Lodge #1301, and Interna- tional Brotherhood of Blacksmiths, Drop Forgers and Helpers, Lo- cal #633, are labor organizations affiliated with the American Fed- eration of Labor, admitting to membership employees of the Com- pany III THE QUESTION CONCLRNING REPRESENTATION The parties stipulated that on or about April 29, 1942, each of the labor organizations involved requested recognition of the Company i Steel Workers Organizing Committee (C I 0 ) although served with due notice, did not appear LANSDOWNE STEEL AND IRON COMPANY- 245 as exclusive baigainuig representative in the unit which the particu- lar union alleges to be appropriate, and that the Company requested that the organizations be certified by the Board A report of a Field Examiner for the Board, introduced into evi- dence at the hearing; indicates that each of the labor organizations represents a substantial number of employees in the unit with which it is concerned 2 We find that questions affecting commerce have arisen within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act IV THE APPROPRIATE UNIT We find, in accordance with stipulations of the parties, that each of the following groups of the Company's employees at the Gadsden plant constitutes a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act 1 All electrical workers engaged in construction, maintenance, and operation of electrical equipment and apparatus, electric overhead crane operators, electric -tractor operators, including working fore- men, but excluding office and clerical employees, executives, general superintendent, shop superintendent, laborers, guards, watchmen, su- pervisory employees having authority to hire or discharge or author- ity to remove employees from service, and employees not specifically included 3 2 All machinists, machinists' helpers, machinists' apprentices, ma- chine operators, better known as production workers, machine and maintenance employees and helpers, millwrights and helpers, tool and die makers, machine tool grinders, welders and burners, working foremen, lead men, and gas powered tractor operators, excluding office and clerical employees, executives, general superintendent, shop su- perintendent, laboiers, guards, watchmen, supervisory employees with authority to hue or discharge or authority to remove employees from service, and employees not specifically included 4 - 'The I B E W submitted to the Field Examiner 33 membership and designation cards, dated from March to May 1942, and 5 current dues receipts All the membership and designation cards bear apparently genuine original signatures All the names on the dues receipts and the signatures on the cards are the names of persons on the Company's May 16, 1942, pay roll, listing 39 persons within the I B E W unit The Machinists submitted to the Field Examiner 103 designation cards all bearing apparently genuine original signatures and dated in May 1942 One hundred two of the signatures are the names of persons on the Company's May 16, 1942, pay roll, listing 370 persons within the Machinists unit The Blacksmiths submitted to the field Examiner 215 designation cards, 20 undated, the remainder dated in April and May 1942 All bore apparently genuine original signa- tures, of which 200 were the names of persons on the Company's May 16, 1942, pay roll, listing 358 persons within the Blacksmiths unit 3 The I B E W unit 'The Machinists unit 246 DECISIONS OF NATIONAL -LABOR -RELATIONS --BOARD- 3 All heat treating department employees and helpers, forge shop employees, including heaters, press operators and helpers, -shell in- spectors in the forge and heat treating department, furnace lead men, breakers and helpers, excluding office and clerical employees, execu- tives, general superintendent, shop superintendent, laborers, guards, watchmen, supervisory employees having authority to hire or dis- charge or authority to remove employees from service, and employees not specifically included,' V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the em- ployees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested,in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bar gaining with Lansdowne Steel and Iron Company, Gadsden, Alabama, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Tenth Region, among the employees of the Company in the units found to be appro- priate in Section IV, above, who weie employed during the pay-roll period immediately preceding the date of this Direction of Elections, including employees who did not work during such pay-roll period because they were Ill or on vacation or In the active military seivuc or training of the United States, or temporarily laid off, but exclud- ing any who have since quit or been discharged for cause, as follows 1 Among the employees in the unit found appropriate in Section IV, Subsection 1, 'above, to determine whether or not they desire to be represented for the purposes of collective bargaining by Inter- national Brotherhood of Electiical Workers, Local #136, affiliated with the American Federation of Labor. 5 The Blacksmiths unit LANSDOWNE STEEL AND IRON COMPANY 247 2. Among the employees in the unit found appropriate in Section IV, Subsection 2, above, to determine whether or not they desire to be represented for the purposes of collective bargaining by Inter- national Association of Machinists, Lodge #1301, affiliated with the American Federation of Labor 3. Among the employees in the unit found appropriate in Section IV, Subsection 3, above, to determine whether or not they desire to be represented for the purposes of collective bargaining by Inter- national Brotherhood of Blacksmiths, Drop Forgers and Helpers, Local #633, affiliated with the American Federation of Labor.