Sloss-Sheffield Steel & Iron Company

In the Matter of SI oss-SHEFFIELD STEEL & IRON COMPANY and INTERNATIONAL UNION OF MINE , MILL AND SMELTER WORKERS Case No. R-1438.-Decided August 29,1939 Pig Iron and Byproducts Industry-Investigation of Representatives : contro- versy concerning representation of employees : company refused to grant exclusive recognition to only labor organization involved-Contract: no bar to investigation where period to terminate is at hand-Unit Appropriate for Collective Bargain- ing: production and maintenance employees , excluding clerical , supervisory, and commissary employees ; no controversy as to-Election Ordered Mr. Clarence D. Musser, for the Board. Mr. Ernest L. All, of Birmingham, Ala., for the Company. Mr. J. A. Lipscomb and Mr. Edwin Brobston, of Bessemer, Ala., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 1, 1939, International Union of Mine, Mill and Smelter Workers,' herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Sloss-Sheffield Steel & Iron Company, Birmingham, Alabama, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 23, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations- Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. ' The petition was filed by International Union of Mine, Mill and Smelter Workers, but from the record it is evident that Sloss Red Ore Local 109 seeks certification. 14 N. L. R. B., No. 97. 1185 1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 6, 1939, the Regional Director issued a notice of hearing and on July 7, an amended notice of hearing. Copies of these notices were duly served upon the Company, upon the Union, and upon Amer- ican Federation of Labor, although it does not appear that it claims to represent any of the employees affected by the investigation. Pur- suant to notice, a hearing was held on July 17 and 18, 1939, at Birming- ham, Alabama, before Madison Hill, the Trial Examiner duly desig- nated by the Board. The American Federation of Labor did not ap- pear at the hearing or participate therein. The Board, the Company, and the Union were represented by counsel. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Pursuant to leave granted by the Board, briefs were filed by the Company and the Union. The Board has considered the arguments therein contained. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Sloss-Sheffield Steel & Iron Company is a New Jersey corporation with its general offices at Birmingham, Alabama. It is engaged in the production and sale of pig iron and byproducts thereof. It oper- ates, in the State of Alabama, two coal mines, a red-ore mine, a smelt- ing furnace, and a byproducts plant. The red-ore mine, which is the part of the Company's operations here involved, is located at Sloss, Alabama, and is the chief source of the raw iron used by the Company in smelting pig iron. In 1938 the Company produced at the red-ore mine 362,447 gross tons of red-iron ore of an approximate value of $1,268,564. Approximately 65 per cent of the pig iron produced by the Company is sold and shipped outside the State of Alabama. The Company obtains its machinery and manufactured parts principally from the States of Ohio, Wisconsin, and Illinois. H. THE ORGANIZATION INVOLVED Sloss Red Ore Local 109, International Union of Mine, Mill and Smelter Workers, is a labor organization affiliated with the Committee for Industrial Organization. The Union admits to membership the SLOSS-SHEFFIELD STEEL & IRON COMPANY 1187 production and maintenance employees of the Company at-its red-ore mine, excluding supervisory, clerical, and commissary employees. III. THE QUESTION CONCERNING REPRESENTATION Each year, beginning in 1934, a contract concerning wages, hours, and working conditions has been entered into between the Company and a committee representing employees of the red-ore mine. By these contracts the Company has recognized the committee on matters of collective bargaining "as they arise for our red ore mine employees as they shall represent." During the negotiation of the contracts, the committee requested the Company to negotiate with the Union but the Company refused to do, so on -the ground that it was not its policy to deal with unions. In June 1939,-the Union requested the Company to recognize it as the exclusive bargaining agent of the Company's em- ployees. This the Company refused to do on the ground that it was bound by a contract with representatives of its employees which does not expire until September 13, 1939. Since the contract by its terms will expire on that date, it does not constitute a bar to our investigation and certification of representatives for the purpose of negotiating new agreements for the period following that date, if such are desired.2 The Company contends that it has recognized the Union by entering into contracts with employee representatives who are members of the Union and whose actions in this respect have been authorized and rati- fied by the Union. We find no merit in this contention. The contract on its face does not name the Union but is merely an agreement be t%veen a committee of employees and the Company. Such a contract does not constitute recognition of the Union. Furthermore, the con- tract provides that the Company is dealing with a committee for such of its red-ore mine employees "as they shall represent." Such recog- nition does not constitute the exclusive recognition which the Union here is seeking to obtain by certification in accordance with the provi- sions of the Act. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial. 2 Matter of Atlantic Footwear Company, Inc. and United Shoe Workers of America of the C. I. 0., 5 N. L. R. B. 252 ; Matter of Utica Knitting Company and American Federa- tion of Labor, Local No. 21500, 8 N. L. R. B. 783. 1188 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT . The Union claims that the production and maintenance employees of the Company at its red-ore mine, excluding clerical, supervisory, and commissary employees, constitute a unit appropriate for the pur- poses of collective bargaining. No contention is made by the Com- pany on this question. We find that the Company's production and maintenance employees at its red-ore mine, excluding clerical, supervisory, and commissary employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company, at its red-ore mine, employs approximately 425 per- sons in the appropriate unit, of whom the Union claims to represent a majority. The Union introduced evidence as to its membership among the Company's employees, and requested certification upon such showing. However, we believe that the question which has arisen' concerning the representation of employees of the Company can best be resolved by the holding of an election by secret ballot. We shall therefore direct that an election by secret ballot be held. At the hearing, the Union indicated that it desires that eligibility to vote at such election should be determined as of July 15, 1939, the latest pay-roll date preceding the hearing. The Company made no contention on this question. We feel that a current eligibility date will best effectuate the policies of the Act and, under the circumstances of this case, we see. no reason for not determining eligibility as of the pay-roll period immediately prior to the date of the Direction of Elec- tion. We shall, accordingly, direct that the employees in the appropri- ate unit during the pay-roll period. immediately preceding the Direc- tion of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, shall be eli- gible to vote in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: SLOSS-SHEFFIELD STEEL & IRON COMPANY CONCLUSIONS OF LAW 1189 1. A question affecting commerce has arisen concerning representa- tion of employees of Sloss-Sheffield Steel & Iron Company, at its red- ore mine at Sloss, Alabama, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees at the Company's red- ore mine, excluding clerical, supervisory, and commissary employees, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the National Labor Rela- tions Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Sloss-Sheffield Steel & Iron Company, Sloss, Ala- bama, an election by secret ballot.shall be conducted within fifteen (15) clays from the (late of this Direction, under the direction and super- vision 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, Section 9, of said Rules and Regulations, among the production and maintenance employees of Sloss-Sheffield Steel & Iron Company at its red-ore urine, Sloss, Alabama, who were employed by the Company during the pay-roll period immediately preceding this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and em- ployees who were then or have since been temporarily laid off, but ex- cluding clerical, supervisory, and commissary employees and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Sloss Red Ore Local 109, In- ternational Union of Mine, Mill and Smelter Workers,, for the pur- poses of collective bargaining.