Sloss-Sheffield Steel & Iron Co.

In the Matter of SLOSS-SHEFFIELD STEEL & IRON Co. and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, C. I. O. Case No. R-3197.-Decided November 29,19411- Jurisdiction : concrete manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal to accord union recognition : outstanding exclusive repiesentatn•e agreement no bar to proceeding where contracting union ceased to function, was no longer in existence, and failed to appear at hearing; election necessary. Unit Appropriate for Collective Bargaining : employees of concrete department of city furnaces, excluding supervisory and clerical employees; agreement as to. Mr. James W. Dorsey, for the Board. Mr. E. L. All, of Birmingham, Ala., for the Company. Mr. N. B. Maxwell and Mr. William E. Mitch, of Birmingham, Ala., for the Union. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 9, 1941, District 50, United Mine Workers of America, C. I. 0., herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Sloss-Sheffield Steel & Iron Co., 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 October 9, 1941, 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 investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. 37 N L. R B. No. 17. 134 SLOSS-SHEFFIELD STEEL & IRON Co. 135 On October 15, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union.' 'Pursuant to notice, a hearing was held on October 23, 1941, at Bir- -mingham, Alabama, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by4he-'Chief Trial Examiner. The Com- pany was represented by counsel and the Union by its representa- tives; both parties 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 various 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 fH1t COMPANY Sloss-Sheffield Steel & Iron Co., a New Jersey corporation, is en- gaged primarily in the manufacture, sale, and distribution of pig iron. It owns and operates two coal mines, four ore mines, four blast furnaces; two slag plants, a byproducts plant, and a ready-mixed con- crete plant, all of which are located in or near Birmingham, Alabama, where the Company also maintains its principal offices. In 1939, the Company used approximately 1,600,000 long tons of raw material in its operations, about 2 per cent of which was obtained from sources out- side the State of Alabama. The raw materials for the concrete plant were obtained from within the State of Alabama. In the same period the Company's various manufactured products weighed approximately 1,400,000 long tons, 38 per cent of which was shipped to places out- side the State of Alabama. All of the concrete was delivered within the State of Alabama. The slag that is used in the concrete plant's operations is produced by the .Company's blast furnaces. The Com- pany agrees that its various- operations- form an integrated system. II. THE ORGANIZATION INVOLVED District 50, United Mine Workers of America, is a labor organ- ization affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. ' Copies of the notice of hearing were also served upon the American Federation of 'Labor and the International Hod Carriers , Building, and Common Laborers Union of 'America, Local No 971, affiliated with the A. F of L, but neither appeared at the hearing 136 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD III. THE QUESTION'CO\CERNING REPRESENTATION The Union requested the Company to recognize it as the exclusive representative of the employees of the concrete department. The Com- pany refused because of the existence of a contract between it and the International Hod Carriers, Building, and Common Laborers Union of America, Local No. 971,, affiliated with the A.- F. of L., herein called the Hod Carriers, in which the latter is recognized as the exclusive bargaining representative for all such employees. On October 16, 1940, the Company and the Hod Carriers entered into an agreement covering the employees in the concrete plant and granting the Hod Carriers exclusive recognition.2 ' The agreement pro- vides that it should remain in effect for one year from October 16, 1940, and from year to year thereafter until terminated by either party on sixty days' written notice before the expiration of a yearly period. Neither the Company norjhe Hod Carriers has given notice of intention to terminate the agreement. The Company contends that the contract c6nstitutes a bar•to'this proceeding. At the hearing, McLaughlin, the former financial secretary of the Hod Carriers, testified that that organization ceased to, function in February or March 1941, and was no longer in existence. Since that time, no meeting of, tie-organization has been held. As noted above, copies of the notice of hearing in this proceeding were served on the Hod`Carriers and on a representative of the American Federation of Labor. Prior to the hearing, ,tile Trial Examiner telephoned the offices of the Hod Carriers aiid the American Federation of Labor, notified them of the hearing, and requested that they make an appear- ance. However, neither the Hod Carriers nor the American Federation of Labor appeared. Under the circumstances, we find that the agreement entered into between the Company and the Hod Carriers on August 16, 1940, does not constitute a bar to this proceeding.' A statement by the Trial. Examiner during the hearing indicates i liat the Union represents ti , substantial number of employees in the unit found below to be appropriate.4 2 The agreement was executed following certification of the Hod Carriers by the Board as exclusive representative of the employees in the concrete plant Matter of Sloss- Shefield Steel if Iron Company and Hodcairiers Local Union No 971, 27 N. L. R B No 30a s See Matter of United Stove Company and International Union, United Automobile lVorlers of America, affiliated with the Congress of Industrial Organizations, 30 N L R B, No 49 'The Trial Examiner's statement showed that the Union submitted to him 12 member- ship cards, 10 of which bole names of persons appearing on the Company's pay roll of September 27, 1941, which contained 12 Haines m all At the time of the hearing, there were 17 employees in the concrete' department,' 12 of whom were production and main- tenance employees, and 5 of whom were supervisory and clerical employees SLOSS-SHEFFIELD STEEL, & IRON co. s 137 We find that a question has arisen concerning the 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 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 parties agree, and we find, that all employees of the concrete department of the city furnaces of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. We also find that such unit will insure to employees of the Company the full benefit of their right to self -organi- zation and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the represen- tation of employees of the Company can best be resolved by an election by secret ballot.5 In accordance with our usual practice, we shall direct that those eligible to vote in the election shall be the employees within the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of the Direction of Election , subject to the limitations and additions set forth in the Direction. On the basis of the above findings of fact and upon 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 Sloss-Sheffield Steel & Iron Co., Birming- ham, Alabama, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 5 The Union requested that it be certified on the basis of the record without the holding of an election We are of the opinion, however , that the Union's claim to represent a majority of the Company 's employees should be established in an election. Matter of Armour it Company and United Packinghouse Workers, Local Industrial Union No 13 of Packinghouse Workers Organizing Committee , affiliated with C. 1. 0., 13 N. L. R. B 567. 138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All employees of the concrete department of the city furnaces of the Company, excluding supervisory and clerical employees, con- stitute 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, 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 Co., Birmingham, Alabama, an election by secret ballot shall be conducted as soon as possible but not later than thirty (30) days from the date of this Direction of Elec- tion, 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 employees, of the concrete depart- ment of the city furnaces of the Company who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory and clerical employ- ees and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by District 50, United Mine Workers of America, affiliated with the Congress of .Industrial Organizations, for the purposes of collective bargaining.