Anniston Warehouse Corp.

National Labor Relations Board - Board Decisions

Feb 23, 1945

60 N.L.R.B. 857 (N.L.R.B. 1945)

In the Matter of ANNISTON WAREHOUSE CORPORATION and UNITED
ASSOCIATION OF JOURNEYMEN, PLUMBERS AND STEAMFITTERS OF THE
UNITED STATES AND CANADA, A. F. OF L.
Case No. 10-11-1393.-Decided February 23, 1945
Messrs. R. E.' Jones and C. J. Katte, of Anniston , Ala., for the
Company.
Mr. R. Y. Had away, of Gadsden , Ala., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition. duly filed by United Association of Journeymen,
Plumbers and Steamfitters of the United States and Canada, A. F.
of L., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Annis-
ton Warehouse Corporation, Anniston, Alabama, herein called the
Company,`the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Thomas T. Purdom, Trial Ex-
aminer. Said hearing was held at Anniston, Alabama, on February
7, 1945. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file biefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Anniston Warehouse Corporation is a Delaware corporation and a
wholly owned subsidiary of Chrysler Corporation. It operates an
ordnance depot at Anniston, Alabama, which is owned by the United
60 N. L. 12. B., No. 144.
857
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States Government. Almost all materials used at the depot are
shipped to it from points outside the State of Alabama, and practi-
cally all products shipped from the depot are sent to points outside
the State of Alabama.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Association of Journeymen, Plumbers and Steamfitters of
the United States and Canada is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.,
M. THE QUESTION CONCERNING REPRESENTATION
During December 1944, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
employees, involved herein. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.)
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
The Union contends that all plumbers, steamfitters, and helpers at
the Anniston depot of the Company, excluding clerical employees
and supervisors, constitute an appropriate bargaining unit. The
Company took no position with reference to the unit. Evidence
introduced at the hearing indicates that the employees claimed by
the Union constitute a well-defined homogeneous group.
We find that all plumbers, steamfitters, and their helpers at the
Anniston depot of the Company, excluding clerical employees and all
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 collective bargaining, within the meaning of Section 9
(b) of the Act.
3 The Field Examiner reported that the Union submitted 26 membership application
cards. There are approximately 43 employees in the appropriate unit.
ANNISTON WAREHOUSE CORPORATION
-V. THE DETERMINATION OF REPRESENTATIVES
859
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Anniston Ware-
house Corporation, Anniston, 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 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, Sections 10 and 11, of said Rules and Regulations,
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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
United Association of Journeymen, Plumbers and Steamfitters of the
United States and Canada, A. F. of L., for the purposes of collective
bargaining.