Decatur Iron & Steel Co.

National Labor Relations Board - Board Decisions

Jul 29, 1941

33 N.L.R.B. 828 (N.L.R.B. 1941)

In the Matter of DECATUR IRON & STEEL COMPANY and INTERNATIONAL
ASSOCIATION OF BRIDGE STRUCTURAL AND ORNAMENTAL IRON WORKERS.
SHOPMEN'S LOCAL No. 637
Case No. R-2749.-Decided July 29,1941
Jurisdiction : structural and ornamental steel manufacturing industry
Investigation and Certification of Representatives: existence of question: re-
fusal to accord union recognition until it is certified by the Board ; agreed
pay roll to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including mechanics, shop office clerks, and shipping and warehouse
clerks, but excluding superintendents, inspectors, watchmen, the porter, and
all office and clerical employees.
Mr. Earle K. Shawe, of Atlanta, Ga., for the Board.
Mr. John H. Peach, of Decatur, Ala., for the Company.
Mr. Stanley Rounds, of Birmingham, Ala., for the Union.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 18 and June 2, 1941, respectively, International Associa-
tion of Bridge Structural and Ornamental Iron Workers, Shopmen's
Local No. 637, affiliated with the American Federation of Labor,
herein called the Union, filed with the Regional Director for the
Tenth Region (Atlanta, Georgia) a petition and an amended petition,
alleging that a question affecting commerce had arisen concerning
the representation of employees of the Decatur Iron & Steel Company,
Decatur, 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 June 23, 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 investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
33 N. L R B, No. 154.
828 -
DECATUR TRON'& STEEL COMPANY 829
On July 9, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Union, and
upon the Steel Workers Organizing Committee and Tennessee Valley
Iron and Steel Workers' Association'
Pursuant to notice, a hearing was held on July 18, 1941, at Decatur,
Alabama, before Alexander E. Wilson, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Board and the Company
were represented by counsel and the Union by its representative; all
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 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 com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Decatur Iron & Steel Company is an Alabama corporation li-
censed to do business in the States of Mississippi, Tennessee, and
Louisiana, engaged in the production of structural and ornamental
steel and prison equipment at Decatur, Alabama. The raw materials
used in the manufacture of the Company's products are steel bars,
shapes, plates, and sheets. Approximately 4,500 tons of such materials
are purchased each year, of which approximately 30 per cent are
obtained outside the State of Alabama. The volume of products sold
annually is approximately 5,000 tons approximating in value $700,000,
of which approximately 90 per cent is shipped outside the State of
Alabama.
II. THE ORGANIZATION INVOLVED
International Association of Bridge Structural and Ornamental Iron
Workers, Shopmen's Local No. 367, is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On May 20, 1941, the Union requested the Company to enter into
a collective bargaining agreement with it. The Company replied
1 The two organizations last named did not appear at the hearing and failed to produce
evidence of their interest , therein upon the request of a representative of the Board.
830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that it" would not grant recognition to the Union until certification
should be obtained from the Board.
At the hearing the Trial Examiner made a statement on the record
which shows that a substantial number of the Company's employees
desire to be represented by the Union.2
We find that a question has arisen concerning 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 Company and the Union agreed at the hearing that the ap-
propriate unit should consist of all production and maintenance
employees in the Company's two shops at Decatur, including shop
office clerks, and shipping and warehouse clerks, but excluding super-
intendents, inspectors, watchmen, the porter, and all office and clerical
employees. The Company, however, was unwilling to accede to the
Union's contention that the employees classified as mechanics should
be included within the unit. The Company employs 15 or 16 me-
chanics, who are in charge of crews consisting of from 2 to 20 men.
They work under the direction of 2 superintendents, relaying the
orders of the superintendents and apportioning the work among the
men, and are responsible for the supervision of the fabrication and
assembly of the Company's products from the blue-print stage to
completion. They do not have the power to hire or discharge, and
th^y are hourly paid, as are the production men working under them.
They are for the most part members of the Union. Under these
circumstances, we are of the opinion that mechanics should be
included within the appropriate unit.
We find that all production and maintenance employees in the
Company's two shops in Decatur, Alabama, including mechanics,
shop office clerks, and shipping and warehouse clerks, but excluding
2 The statement of the Trial Examiner indicates that there are approximately 173 em-
ployees in the unit which the Union claims to be appropriate The Union submitted 153
application cards, the signatures on Which were apparently genuine and original , and all of
which Sore the names of persons appealing on the Company's May 20, 1941, pay roll.
within the unit requested by the Union.
DECATUR TRON & STEEL COMPANY 831
superintendents , inspectors , watchmen , the porter , and all office and
clerical employees , constitute a unit appropriate for the purposes of
collective bargaining, and that the said unit will insure to the em-
ployees of the Company the full benefit of their right to self -organi-
zation and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by an election by secret ballot. The Company and the Union
agreed that the pay-roll period ending July 19, 1941 , should be de-
terminative .of eligibility to participate in the election . We shall
give effect to the desires of the parties and direct that all employees
in the appropriate unit who were employed during the pay-roll period
ending July 17, 1941, subject to such limitations and additions as
are set forth in the Direction , shall be eligible to vote.
Upon 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 the Decatur Iron & Steel Company, Decatur,
Alabama, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees in the Company's
two shops in Decatur , Alabama, including mechanics , shop office.
clerks, and shipping and warehouse clerks, but excluding superintend-
ents, inspectors , watchmen, the porter, and all office and clerical
employees , 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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Re-
lations 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 Decatur Iron & Steel Company, Decatur , 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
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees in
the Company's two shops in Decatur, Alabama, who were employed
during the pay-roll period ending July 19, 1941, including mechanics,
shop office clerks, shipping and warehouse clerks, and employees
who did not work during said 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 superintendents,
inspectors, watchmen, the porter, and all office and clerical employees,
and all persons who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Association of Bridge Structural and Ornamental Iron Workers,
Shopmen's Local No. 637, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.