McWane Cast Iron Pipe Co.

in the Matter Of MCWANE CAST IRON PIPE COMPANY and STEEL WORKERS ORGANIZING COMMITTEE Case No. R-1653 SUPPLEMENTAL DECISION AND CERTIFICATIONS OF REPRESENTATIVES March 11, 1940 On January 15, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceedings.' Pursuant to the Direction of Elec- tions, elections by secret ballot were conducted on January 30, 1940, under the direction and supervision of the Regional Director for 'the Tenth Region (Atlanta, Georgia). On February 2, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations - Series 2, as amended, issued an Election Report, copies of which were duly served on the parties. As to the balloting and its results, the Regional Director reported as follows : PATTERN MAKERS 1. Total number eligible----------------------------------- 2. Total ballots cast--------------------------------------- 3. Total number ballots cast for Steel Workers Organizing 2 2 Committee--------------------------------------------- 0 4. Total number ballots cast for Pattern Makers Association of Birmingham---------------------------------------- 2 5. Total number ballots cast for neither organization-------- 0 6. Total number challenged ballots------------------------- • 0 7. Total number of void ballots----------------------------- 0 8. Total number of blank ballots--------------------------- 0 1. Total 2. Total 3. Total OTHER PRODUCTION AND MAINTENANCE EMPLOYEES number eligible------------------------------------ 463 ballots number cast---------------------------------------- ballots cast for Steel Workers Organizing 413 Committee--------------------------------------------- 381 4. Total number of ballots cast against Steel Workers Organ- izing Committee---------------------------------------- 12 5. Total number challenged ballots-------------------------- 12 6. Total number of void ballots----------------------------- 7 7. Total number of blank ballots---------------------------- 1 119 N. L. R. B 458. 21 N. L R. B, No. 40. 465 466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On February 3, 1940, the Steel Workers Organizing Committee, herein, called the S. W. O. C., filed with the Regional Director objections to the conduct of the election among the pattern makers. On February 21, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued a Report on Objec- tions in which he reported that the objections were without merit. On February 24, 1940, the Regional Director notified the Board that the S. W. O. C. had withdrawn its objections. In the Decision and Direction of Elections previously referred to, the Board made no final determination as to the appropriate unit or units. The Board there stated : An election will be held among the Pattern Makers, excluding foremen, employed by the company to determine whether they desire to be represented by the S. W. O. C. or by the Association for the purposes of collective bargaining or by neither. If a majority of such employees choose the Association, we shalt hold that they constitute a separate appropriate unit; if a majority of such employees choose the S. W. O. C., we shall hold that they constitute part of the single industrial unit requested by the S. W. O. C. Upon the basis of the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT 1. We find that the pattern makers employed by McWane Cast Iron Pipe Company, Birmingham, Alabama, excluding foremen, constitute a unit appropriate for the purposes of collective bar- gaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. 2. We find that the production and maintenance employees of McWane Cast Iron Pipe Company, Birmingham, Alabama, ex- cluding supervisory and clerical employees and pattern makers, constitute a unit appropriate for the purposes of collective bar- gaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargining, and otherwise effectuate the policies of the Act. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. The pattern makers of the McWane Cast Iron Pipe Company, Birmingham, Alabama, constitute a unit appropriate for the pur- MCWANE CAST IRON PIPE COMPANY 467 poses of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 2. The production and maintenance employees of McWane Cast Iron Pipe Company, Birmingham, Alabama, excluding supervisory and clerical employees and pattern makers, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATIONS OF REPRESENTATIVES 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, IT IS HEREBY CERTIFIED that Pattern Makers Association of Bir- mingham, affiliated with Pattern Makers League of North America and through it with the American Federation of Labor, has been designated and selected by a majority of the pattern makers of McWane Cast Iron Pipe Company, Birmingham, Alabama, ex- cluding foremen, as their representative for the purposes of collec- tive bargaining, and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Pattern Makers Association of Birmingham, affiliated with Pattern Makers League of North America and through it with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment ; and IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all production and main- tenance employees of McWane Cast Iron Pipe Company, Bir- mingham, Alabama, excluding supervisory and clerical employees and pattern makers, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Steel Workers Organizing Com- mittee, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.