Connors Steel Co.

In the Matter Of CONNORS STEEL COMPANY and STEEL WORKERS ORGANIZING COMMITTEE Case No: R-2171-Decided December 16, 1940 Jurisdiction : steel products manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union and request that certification be obtained ; election necessary. Unit Appropriate for Collective Bargaining : all maintenance and production employees, exclusive of supervisory- and clerical employees, watchmen and guards. Cabaniss cfi Johnston, by Mr. Forney Johnston, of Birmingham, Ala., for the Company. Mr. Noel R. Beddow, of Birmingham, Ala., for the S. W. O. C. Mr. N. Barr Miller, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 14, 1940, Local 2250 of the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the S. W. O. C., filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Connors Steel Company, Birmingham, Ala- bama, 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 November 7, 1940, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing on due notice. On November 22, 1940, the Regional Director issued a notice of, hearing, copies of which were served upon the Company and the 28 N. L. R. B., No. 89. 601 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD S. W. O. C. Pursuant to the notice, a hearing was held on Novem- ber 29, 1940, at Birmingham, Alabama, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by the Board. The Com- pany and the S. W. O. C. were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-exam- ine.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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Connors Steel Company is a Delaware corporation chartered in 1920, with its principal place of business in Birmingham, Alabama. The principal products of the Company are various steel products including cotton ties, reinforcement bars, and similar products. The principal raw material used is steel, approximately 60 per cent of which is-purchased. from and delivered from points outside of State of Alabama. The i'aw materials purchased during the average year are in excess of 50,000 tons. The products manufactured by the Company in an average year are likewise in excess of 50,000 tons, and 75 per cent of the products sold by the Company are shipped to points outside the State of Alabama. The Company employs approximately 312 persons, 39 of whom are classified as supervisory and clerical employees, and 273 as production and maintenance employees. % II. THE ORGANIZATION INVOLVED Local 2250 of Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is a labor organi- zation admitting to membership maintenance and production em- ployees of the Company.' III. THE QUESTION CONCERNING REPRESENTATION About August 1, 1940, a representative of the S. W. O. C. wrote to the Company stating that the S. W. O. C. represented a large number of the Company's -employees, requested recognition of the S. "W. O. C. as exclusive' bargaining representative, and sought a conference with the company to discuss a contract.;: The Company IIt was stipulated between the parties at the hearing that the S W. O. C. Is a labor organization within the meaning of Section 2 (5) of the Act. CONNORS STEEL COMPANY 603 made no reply to this letter. Thereupon, the S. W. • 0. C. on Octo- ber 14, 1940, filed its petition for investigation and certification. At that time the Company informed the S. W. 0. C. that it was un- willing to enter into bargaining relations until the S. W. 0. C. had been certified by the Board pursuant to an election. At the hearing, the S. W. 0. C. submitted to the Trial Examiner for his inspection, 177 authorization cards, all dated subsequent to August 1, 1940. The Trial Examiner reported that. 160 of these cards bear names of persons who are on the pay roll of the Company. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THFJ 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 relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The S. W. 0. C. desires a unit composed of all maintenance and production employees of the Company, exclusive of supervisory and clerical employees, watchmen, and guards. The Company did not object to such a unit. We see no reason for departing from the desire of the S. W. 0. C. We find, that all maintenance and production employees of the Com- pany, exclusive of supervisory and clerical employees, watchmen and guards, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self; organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES Both the Company and the S. W. 0. C. desire an election for a determination of the bargaining representative. We find • that the question- concerning representation which has arisen among employees of the Company can best be resolved by an election by secret ballot, and we shall so direct: ' - The parties agreed that a list of the employees submitted in evi- dence at the hearing should constitute the list of employees eligible to vote in an election, except that those persons employed as watchmen 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and guards are to be excluded.2 There is nothing in the record to in- dicate that this list is inappropriate for the purposes of determining eligibility and we shall direct its use in the election. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Connors Steel Company, Birmingham, Ala- bama, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2.,All maintenance and production employees of the Company, ex- clusive of supervisory and clerical employees, watchmen and guards, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations 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 Rela- tions Act, and pursuant to Article III, Section 8, of the National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby, DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Connors Steel 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, Section 9, of said Rules and Regulations, among all maintenance and production employees of the Company, exclusive of supervisory and clerical employees, watchmen and guards, who are named on the list of employees received in evidence during the course of the hearing in this case, but excluding any employees on the list, who, since the date of the hearing have quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by Local 2250 of Steel Workers Organizing Committee, affiliated with the Congress of Industrial, Organizations. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election. - - 2 This list,is designated in the record as Board Exhibits 2a. 2b. 2c, 2d, and 2e.