Alabama Fuel and Iron Co.

National Labor Relations Board - Board Decisions

Oct 15, 1945

64 N.L.R.B. 233 (N.L.R.B. 1945)

In the Matter of ALABAMA FUEL AND IRON COMPANY and ASSOCIATED
MINE WORKERS
Case No. 10-R-7.50.-Decided October 15, 1945
Mr. Borden Burr, ,of Birmingham , Ala., for the Company.
Mr. Harris Burns, of Birmingham , Ala., for the Association.
Mr. William F."Spencer , of Birmingham , Ala., and Mr. Yelverton
,Cowhead, of Washington , D. C., for the U. M. W.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Association Mine Workers,
herein called the Association, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Ala-
bama Fuel and Iron Company, Birmingham, Alabama, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Dan M. Byrd, Jr., Trial
Examiner. The hearing was held at Birmingham, Alabama, on Jan-
uary 26 and February 3, 1944. At the commencement of the hearing,
the Trial Examiner granted a motion to intervene made by District
20, United Mine Workers of America, herein called the U. M. W.
The Company, the Association; and the U. M. W. appeared, partic-
ipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues.' -
At the hearing, the U. M. W. moved to dismiss the petition, alleg-
ing, in substance, that a free election could not be conducted because
the Company failed to comply with the Board's Order in,Case No.
10-C-1102 2 and was engaging in continued unfair labor practices.,
' On January 26, the U. M W . entered a general appearance at the hearing On Febru-
ary 3, the U . M. W. withdrew its general appearance and appeared specially for the purposes
of moving to dismiss the petition We note that the U. M W. participated in connection
with all phases of the proceeding.
3 See 43 N. L. R. B 166. -
64 N. L R. B.. No. 39.
233
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Contrary to the U., M. W.'s assertions, however, it does not appear
that the Company did not comply with the requirements of the Order
in Case No. 10-C-1102. Moreover, although the U. M.; W. filed an
unfair labor practice charge against the Company in Case No.
10-C-1246, subsequent to the issuance of the Board's Order-in Case
No.. 10-C-1102, the Regional Director declined to issue a complaint
premised upon that charge, and the Board later sustained his action
on appeal. While it is true that, -follow-ing the affirmance of the
Regional Director's ruling in Case'No. 10-C-1246 and subsequent
to the hearing in' the instant proceeding, the Board issued a• com-
plaint against the Company predicated upon a charge filed by the
U. M.' W. in Case No. 10-C-1558, found that the Company had en-
gaged in unfair labor practices,'-and issued "an'approlriate Ordei•
against the Company,3 the Regional Director has reported that the
Company has taken the affirmative action required by that Order and
is not-now in violation of its negative provisions. Thus, there is
no reason to dismiss the petition and the U. M. W.'s motion is denied.
The Trial Examiner;s;ruliiigs made at the hearing are free'from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board. The request for oral
argument filed by the U. M. W. is hereby denied.
Upon the entire record in the, case, the Board mares the following:
FINDINGS OF FACT
I
a I. • THE BUSINESS *OF THE COMPANY
L
Alabama Fuel' and Iron Company, an Alabama Corporation, is
engaged in mining and distributing coal. The main office of,the Coin;
pany is in Birmingham, Alabama. The Company, operates mines and
a coal-wasr.ing plant, at Acmar, Alabama, and has mines only, at Mar-
garet, Alabama'; it is these operations which are involved in the instant
proceeding. The, Company mines approximately 50,000 tons of coal
per mouth; of which about 90 percent is sold and delivered to customers
outside'the State of Alabama. , . '
The Company admits that it, is engaged in commerce within the
meaning of the National Labor Relations Act., .,
11. THE ORGANIZATIONS INVOLVED
Associated Mille Workers, unaffiliated, is a labor organization ad-
mitting to iembership employees of the Company: :
District 20; United Mine Workers of America; is a, labor'organiza7
tion admitting to membership employees of the Company.
See 62 N. L. R. B.' 762. '
1
ALABAMA FUEL AND IRON COMPANY 235
III. TILE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Association
as the exclusive'bargaining representative of certain of•its employees
until the Association has been certified by the Board in an appropriate
unit. '
A statement'of a Board agent, introduced into evidence at the hear-
ing, indicates that the Association represents a substantial number of
employees in the unit hereinafter found appropriate' ' -
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c)'and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
It appears that all parties, are in general agreement with respect
to the composition of tht; appropriate unit.
In substantial accordance with their agreement, we find that all
production and maintenance employees of the Company's Acmar
and Margaret operations, excluding guards, fire bosses, safety men,
clericals and technical employees, aline contractors, foremen, superin-,
tendents, officials of the Company, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
'V. THE DETERMINATION OF REPRESENTATIVES
'We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in tlie,appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions, set forth in
the Direction.
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, and pursuant to Article III, Section 9, of the National Labor
Relations Board Rules and Regulations-Series 3, 'as amended, it is
hereby
"The Field E'aminei reported that the Association submitted 1205 applications for mem-
bership all of which bore apparently genuine ouginal signatures , that the names of 691
persons appearing on the cards were listed on the Company's pay roll of November 16,-,1943
that the U M W submitted 611 membership cards, all of which bore apparently genuine
original signatures . that the names of 262 persons appearing on the cards were contained
in the aforesaid pay roll ; and that there are 1218 employees in the alleged appropriate unit.
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Alabama Fuel
and Iron 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, Sections 10 and 11, of said Rules and-Regula-
tions, among the employees in the unit , found appropriate in Section
IV, above , who were employed during the pay-roll period immediately
preceding the date of this Direction , including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off , and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause , and have not been rehired or reinstated prior to the date
of the election , to determine whether they desire to be represented by
Associated Mine Workers, unaffiliated , or by District 20, United Mine
' Workers of America, for the purposes of collective bargaining, or
by neither.
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