Hawkins Iron Co.

National Labor Relations Board - Board Decisions

Nov 2, 1944

59 N.L.R.B. 20 (N.L.R.B. 1944)

In the Matter of HAWKINS IRON COMPANY and UNITED STEELWORKERS
OF AMERICA , C. I. O.
Case No. 10-R-19292.Decided November 2, 1944
Mr. S. M. Bronaugh, of Birmingham, Ala., for the Company.
Messrs. R. E. Fair and R. M. Poarch, of Birmingham, Ala., for the
Union.
Mr. Louis Cokvm, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
0
Upon petition duly filed by United Steelworkers of America,
C. I. 0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Hawkins Iron Company, Birmingham, Alabama, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Louis Plost, Trial Examiner.
Said hearing was held at Birmingham, Alabama, on October 6, 1944.
The Company and the Union appeared at and participated in the
hearing.' All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner'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
1. THE BUSINESS OF THE COMPANY
Hawkins Iron Company is an Alabama corporation engaged in
the processing of steel products at Birmingham, Alabama. From
October 1943 to June 1944, the Company purchased $5,000 worth of raw
' Although International Association of Bridge , Structural and Ornamental Iron Workers
and Local #539 thereof , were served with Notice of Hearing , they did not appear.
59 N. L . R. B., Nor. 7.
20
HAWKINS IRON COMPANY 21
materials, all of which was shipped to it from points outside the State
of Alabama. During the same period the Company fabricated steel
valued at about $30,000, about 50 percent of which was shipped to points
outside the State of Alabama.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the
Union is certified by the Board.
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 to be
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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, ex-
cluding office and clerical employees, watchmen, foremen, leadermen,
and any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective 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 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.
2 The Field Examiner reported that the Union presented 39 membership application cards.
There are about 80 employees In the appropriate unit.
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 National Labor Rela-
tions 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 Hawkins 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 Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 Steelworkers of America, C. I. 0., for the purposes of collective
bargaining.
MR. JOHN M. HOUSTON took no part in the. consideration of the above
Decision and Direction of Election.