Lansdowne Steel and Iron Co.

National Labor Relations Board - Board Decisions

Jul 9, 1942

42 N.L.R.B. 243 (N.L.R.B. 1942)

In the Mattel of LANSDOWNE STEEL AND IRON COMPANY, GADSDEN,
ALA, and INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS,
LOCAL #136
In the Matter of LANSDOWNE STEEL AND IRON COMPANY and IN-
TERNATIONAL ASSOCIATION OF MACHINISTS, LODGE #1301
In the Matter of LANSDOWNE STEEL AND IRON COMPANY and IN-
TERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND
HELPERS, LOCAL #633
Cases Nos. R-3950, R-3951, and R-395. , respectively -Decided July
9, 19,12
Jurisdiction . ordnance manufactuimg industry
Investigation and Certification of Representatives : existence of question re-
quest that certification be obtained, elections necessary
Units Appropriate for Collective Bargaining : (1) all electrical workers engaged
in construction, maintenance and operation of electrical equipment and appa-
ratus, elects is overhead crane operators, and elects is tractor operators, with
'specified inclusions and exclusions, (2) all machinists, machinists' helpers,
machinists' apprentices, machine operators, machine and maintenance em-
ployees and helpers, mil iwuughts and helpers, tool and die makers, machine tool
grinders, welders and burners, working foremen, lead men, and gas powered
tractor operators with specified exclusions, (3) all heat treating department
employees and helpers, and forge shop employees, with specified inclusions and
exclusions -stipulations as to
Hood, Inter, Martin ct Suttle by Mr 0 R Hood and Mr J C
Inter, of Gadsden, Ala, for the Company.
Mr Hugh W Brown and Mr J R. May, of Birmingham, Ala, for
the I.B E W.
Mr J C. McGlon, of Washington, D C, for the Machinists
Mr. Harry Bay/es, of Chicago, Ill , for the Blacksmiths
Mr Charles W Schneider, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly Bled by International Brotherhood of
Electrical Workers, Local #136, International Association of Ma-
chinists, Lodge #1301, International Brotherhood of Blacksmiths,
42 N L R B, No 5-4
243
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Drop Forgers and Helpers, Local #633, herein called respectively
the I B E W, the Machinists, and the Blacksmiths, alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of Lansdowne Steel and Lou Company, Gadsden,
Alabama, heiein called the Company, the National Labor Relations
Board provided for an appi opriate heai ing- upon due notice before
Thomas H Ramsey, Trial Examiner Said hearing was held at
Gadsden, Alabama, en June 17, 1942 The Company, the I B. E W ,
the Machinists, and the Blacksmiths, appeared and paiticipated 1 All
parties were afforded 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
prejudicial error and are hereby affirmed
Upon the entire record in the case the Boai d makes the following :'
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Lansdowne Steel and Iron Company is a Pennsylvania coipora-
tion opeiating plants at Gadsden, Alabama, and Moiton, Pennsyl-
vania The present pioceeding involves only the Gadsden, Alabama.
plant
The Gadsden plant, which is opeiated by the Company but owned
by the United States Government, is engaged in the manufacture of
shells for war puiposes Twenty-five peicent of the raw materials
used at Gadsden, consisting of billet steel, copper bands, and natural
gas, is secured fiom sources outside the State of Alabama Substan-
tially all the finished shells pioduced at Gadsden are shipped to
points outside the State of Alabama The Company admits that
for the purpose of these proceedings it is engaged in commeice within
the meaning of the National Labor Relations Act
II THE ORGANIZATIONS INVOL\ ED
International Brotherhood of Electiical Workers, Local #136, In-
ternational Association of Machinists, Lodge #1301, and Interna-
tional Brotherhood of Blacksmiths, Drop Forgers and Helpers, Lo-
cal #633, are labor organizations affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Com-
pany
III THE QUESTION CONCLRNING REPRESENTATION
The parties stipulated that on or about April 29, 1942, each of the
labor organizations involved requested recognition of the Company
i Steel Workers Organizing Committee (C I 0 ) although served with due notice, did not
appear
LANSDOWNE STEEL AND IRON COMPANY- 245
as exclusive baigainuig representative in the unit which the particu-
lar union alleges to be appropriate, and that the Company requested
that the organizations be certified by the Board
A report of a Field Examiner for the Board, introduced into evi-
dence at the hearing; indicates that each of the labor organizations
represents a substantial number of employees in the unit with which
it is concerned 2
We find that questions affecting commerce have arisen within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT
We find, in accordance with stipulations of the parties, that each
of the following groups of the Company's employees at the Gadsden
plant constitutes a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act
1 All electrical workers engaged in construction, maintenance, and
operation of electrical equipment and apparatus, electric overhead
crane operators, electric -tractor operators, including working fore-
men, but excluding office and clerical employees, executives, general
superintendent, shop superintendent, laborers, guards, watchmen, su-
pervisory employees having authority to hire or discharge or author-
ity to remove employees from service, and employees not specifically
included 3
2 All machinists, machinists' helpers, machinists' apprentices, ma-
chine operators, better known as production workers, machine and
maintenance employees and helpers, millwrights and helpers, tool and
die makers, machine tool grinders, welders and burners, working
foremen, lead men, and gas powered tractor operators, excluding office
and clerical employees, executives, general superintendent, shop su-
perintendent, laboiers, guards, watchmen, supervisory employees with
authority to hue or discharge or authority to remove employees from
service, and employees not specifically included 4 -
'The I B E W submitted to the Field Examiner 33 membership and designation
cards, dated from March to May 1942, and 5 current dues receipts All the membership
and designation cards bear apparently genuine original signatures All the names on
the dues receipts and the signatures on the cards are the names of persons on the
Company's May 16, 1942, pay roll, listing 39 persons within the I B E W unit
The Machinists submitted to the Field Examiner 103 designation cards all bearing
apparently genuine original signatures and dated in May 1942 One hundred two of the
signatures are the names of persons on the Company's May 16, 1942, pay roll, listing 370
persons within the Machinists unit
The Blacksmiths submitted to the field Examiner 215 designation cards, 20 undated,
the remainder dated in April and May 1942 All bore apparently genuine original signa-
tures, of which 200 were the names of persons on the Company's May 16, 1942, pay
roll , listing 358 persons within the Blacksmiths unit
3 The I B E W unit
'The Machinists unit
246 DECISIONS OF NATIONAL -LABOR -RELATIONS --BOARD-
3 All heat treating department employees and helpers, forge shop
employees, including heaters, press operators and helpers, -shell in-
spectors in the forge and heat treating department, furnace lead men,
breakers and helpers, excluding office and clerical employees, execu-
tives, general superintendent, shop superintendent, laborers, guards,
watchmen, supervisory employees having authority to hire or dis-
charge or authority to remove employees from service, and employees
not specifically included,'
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth
in the Direction
DIRECTION OF ELECTIONS
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, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bar gaining with Lansdowne Steel
and Iron Company, Gadsden, Alabama, elections by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction of Elections, under the direction
and supervision of the Regional Director for the Tenth Region,
among the employees of the Company in the units found to be appro-
priate in Section IV, above, who weie employed during the pay-roll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during such pay-roll period
because they were Ill or on vacation or In the active military seivuc
or training of the United States, or temporarily laid off, but exclud-
ing any who have since quit or been discharged for cause, as follows
1 Among the employees in the unit found appropriate in Section
IV, Subsection 1, 'above, to determine whether or not they desire to
be represented for the purposes of collective bargaining by Inter-
national Brotherhood of Electiical Workers, Local #136, affiliated
with the American Federation of Labor.
5 The Blacksmiths unit
LANSDOWNE STEEL AND IRON COMPANY 247
2. Among the employees in the unit found appropriate in Section
IV, Subsection 2, above, to determine whether or not they desire to
be represented for the purposes of collective bargaining by Inter-
national Association of Machinists, Lodge #1301, affiliated with the
American Federation of Labor
3. Among the employees in the unit found appropriate in Section
IV, Subsection 3, above, to determine whether or not they desire to
be represented for the purposes of collective bargaining by Inter-
national Brotherhood of Blacksmiths, Drop Forgers and Helpers,
Local #633, affiliated with the American Federation of Labor.