Lamson and Sessions Co.

National Labor Relations Board - Board Decisions

Mar 7, 1945

60 N.L.R.B. 1122 (N.L.R.B. 1945)

In the Matter of LAMSON AND SESSIONS COMPANY and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. 10-R-1391.-Decided March 7, 1945 _
Messrs. J. W. Booker and R. M., Broadwell, of Birmingham, Ala.,
for the Company.
Messrs. B. F. Gage and R. 111. Poarch, of Birmingham, Ala., for the
CIO.
Messrs. R. 0. Ross and W. 0., Hare, of Birmingham, Ala., for the
A. F. of L.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIDE CASE
Upon a petition duly filed by United Steelworkers of America, CIO
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Lamson and
Sessions Company, Birmingham, Alabama, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Thomas T. Purdon, Trial Examiner. Said
hearing was held at Birmingham, Alabama, on February 5, 1945. The
Company, the CIO, and Bolt and Nut Workers Federal Labor Union
No. 18258, A. F. of L., herein called the A. F. of L., appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine -and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing the A. F. of L. moved to dismiss the
petition and the Trial Examiner referred the motion to the Board for
determination. For reasons set forth in Section III, infra, the motion
is denied. The Trial Examiner's rulings 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.
60 N. L. R. B., No. 187.
1122
LAMSON AND SESSIONS COMPANY 1123
Upon- the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Lamson and Sessions Company is an Ohio corporation with its
principal office and plant located at North Birmingham, Alabama,
where it is engaged in the manufacture, sale, and distribution of steel
fasteners. During the year ending December 31, 1944, the Company
purchased approximately $840,000 worth of raw materials in the State
of Alabama. For the same period the Company sold approximately
$3,000,000 worth of its -finished products, of which aproximately 65
percent was shipped outside the State of Alabama.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
Bolt and Nut Workers Federal Labor Union No. 18258, affiliated
with the American Federation of Labor, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 20,1944, the CIO requested the Company to recognize
it as the exclusive bargaining representative of the- Company's,
employees. -
On January 11, 1943, the Company and the A. F. of L. entered into
a 1-year collective bargaining agreement which provided, in part, as
follows: -
ARTICLE VI
It is further agreed that this Agreement shall remain in full
force and effect for a period of 1 year from the date hereof . Should
either party desire a change in the provisions of this contract, a
notice in writing shall be given thirty (30) days before its ex-
piration , to the other party, by registered mail. Should no notice
be given by either party, the same shall remain in force and
automatically renew itself for another period of 1 year.
The Company and the A. F. of L. contend that the last sentence of
Article VI was erroneously transcribed at the time they executed the
agreement . They assert that their intention was to have the sentence
read as follows : -
1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Should no notice be given by either party, the same shall-remain
in force and automatically renew itself for each succeeding year.
The A. F. of L. raises the 1943 contract its a bar to this proceeding.
Even if it be assumed that Article VI provided that the agreement of
1943 was automatically renewable for yearly periods following Janu-
ary 11, 1945, in the absence of notice of a desire of change given by
either party 30 days before that date or any other anniversary date,
the contract cannot preclude a present determination of representa-
tives, inasmuch as the CIO informed the Company of its claim to
representation prior to the effective date of this automatic renewal
provision.'
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.2
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 parties agree, and we find, that all production and maintenance
employees of the Comptiny, including guards,3 watchmen and subf ore-
men,4 but excluding office workers, foremen, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend 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 REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the employ-
ees 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 Direc-
tion.
1 See flatter of Marshall Stove Company, 57 N. L R B. 375.
R The Field Examiner reported that the CIO submitted 181 cards bearing apparently
genuine signatures , of winch 158 bore names appearing on the Company ' s pay roll for the
week " ending December 31, 1944 , containing the names of 327 employees in the unit alleged
by the CIO to be appropriate. The record discloses that 26 additional cards were submitted
at the hearing
The A F of L relies upon its contract as evidence of its interest in this proceeding
a It does not appear that guards are either deputized or militarized.
4 These employees aie also known as "supervisors " They are not supervisory employees
within the meaning of the Board ' s customary definition.
LAMSON AND SESSIONS COMPANY 1125
. 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
DIRECrED that, as part of the investigation to ascertain represents- -
tives for the purposes of collective bargaining with Lamson and Ses-
sions Company, Birmingham, Alabama, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
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 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
United Steelworkers of America, CIO, or by Bolt and Nut Workers
Federal Labor Union No. 18258, A. F. of L., for the purposes of col-,
lective bargaining, or by neither.