Crane Co.

National Labor Relations Board - Board Decisions

Jul 20, 1944

57 N.L.R.B. 464 (N.L.R.B. 1944)

In the Matter of CRANE COMPANY and UNITED STEELWORKERS OF
AMERICA, C.' I. O.
Case No. 10-#_1192.-Decided July 20,1941./
Mr. Hobart A. MclVhorter, of Birmingham, Ala., for the Company.
Messrs. R. M. Poarch and Louie Yates, of Birmingham, Ala.,.for_.the
Union.
Mr. Louis Cok t, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Crane Com-
pany, Birmingham, Alabama, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before T. Lowry Whittaker, Trial Examiner. Said
hearing was held at Birmingham. Alabama, on June 26, 1944. 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 Examin-
er's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Crane Company is an Illinois corporation with its principal place of
business at Chicago, Illinois. We are here concerned with its shop at,
Birmingham-, Alabama, Where it is engaged in the fabrication of pipe.'
During the 12-month period preceding the hearing the Company pur-
chased raw- materials valued in excess of $300,000 for use at its Bir-
57 N. L. R B., No. 84
464
1 ' CRANE COMPANY'
miligham 'shop, approximately 99 percent of which was shipped .to it
'from points outside the State of Alabama. ' During the same period
the Company sold products from its Birmingham shop valued in
excess of $500,000, about 60 percent of which was shipped to points-
outside the State of Alabama. _
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce, within, the meaning of the National Labor
Relations Act.
It. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
I III. THE QUESTION CONCERNING REPRESENTATION
On April 25,-1944, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of, the Com-
pany's employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence-at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.^
We find that a question affecting commerce has arisen concerning
the representation of employees of the' Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all employees at the Birmingham shop of the Company, excluding
assistant shipping clerks, clerical employees, regular watchmen,
guards, and all supervisory employees with authority to hire, pro-
mote, 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.
V. THE DETERMINATION: OF RFPRESENTATIVES
We shall. direct that the question concerning representation which
has arisen, by resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
1 The Field Examiner reported that the Union presented 31 authorization cards bearing
ap¢8rently genuine, signatures of.persona whose names appear on the Company's pay roll
of May 6, 1944. ' There are approximately 81 employees in the appropriate unit.
e
601248-45-vol. 57-31
466 , 'DECISIONS OF. NATIONAL LABOR RELATIONS' BOARD
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 tbe,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 National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Crane 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 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 election, to' determine whether
or'not they desire to be represented by United Steelworkers of America,
C. I. 0., for the purposes of collective bargaining. -
0
I