Sloss Sheffield Steel & Iron Co.

National Labor Relations Board - Board Decisions

Sep 7, 1940

27 N.L.R.B. 112 (N.L.R.B. 1940)

In the Matter of SLOSS SHEFFIELD STEEL & IRON COMPANY and
HODCARRIERS LOCAL UNION No. 971
Case No. B-2004.-Decided September 7,1940
Jurisdiction : pig iron manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union; request that certification be obtained;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at the Company's ready-mixed concrete plant, including handy men,
mixer men, box feeders, cement handlers and Fuller Kinyon operators, but
excluding clerical and supervisory employees.
Mr. Ernest L. All of Birmingham, Ala., for the Company.
Mr. Wallace Gibson and Mr. Hugh W. Brown, of Birmingham,.
Ala., for the Hodcarriers Union.
Mr. Yelverton Cowherd and Mr. N. B. Maxwell, of Birmingham,
Ala., for the U. M. W. A.
Mr. Harold Weston, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 26, 1940, Hodcarriers Local Union No. 559 and on August
10, 1940, Hodcarriers Local Union No. 971; herein called the Hod-
carriers Union, filed a petition and an amended petition, respectively,
with the Regional Director for the Tenth Region (Atlarita,•Georgia),
alleging that a question affecting commerce had arisen concerning the
representation of employees at the ready-mixed concrete plant of
Sloss Sheffield Steel & Iron Company, Birmingham, 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 August 7 and
10, 1940, 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
27 N L. R. B, No. 30
112
SLOSS SHEFFIELD STEEL & IRON COMPANY 113
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice. On August 9 the Regional Director issued a notice
of hearing, copies of which were duly served upon the Company, the
Hodcarriers Union, and United Mine Workers of America, District
50, herein called the U. M. W. A. On August 16, 1940, the
U. M. W. A. filed with the Regional Director a motion to intervene.
Pursuant to notice, a hearing was held on August 16, 1940, at
Birmingham, Alabama, before Alexander E. Wilson, the Trial Ex-
aminer duly designated by the Board. At the commencement of
the hearing, the Trial Examiner granted the U. M. W. A.'s motion
to intervene. The Company, the Hodcarriers Union, and the
U. M. W. A. were represented by counsel or official representatives and
participated in the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties.
Upon the entire record in this case, the Board snakes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sloss Sheffield Steel & Iron Company, a New Jersey corporation
with main offices in Birmingham, Alabama, is engaged primarily in
the manufacture, sale, and distribution of pig iron. It owns and
operates two coal mines, four ore mines, four blast furnaces, a by-
products plant, two slag plants, and a ready-mixed concrete plant,
all of which are located in or near Birmingham, Alabama. The Com-
pany's various holdings form a well-integrated business. Thus, the
slag that is used in the concrete plant's operations is produced by the
Company's blast furnaces. For the 12-month period ending January
31, 1939, the Company's various manufactured products weighed ap-
proximately 1,400,000 long tons, 38 per cent of which were shipped
to places outside the State of Alabama. All the concrete was deliv-
ered within the State of Alabama. For the same period, the Com-
pany used approximately 1,600,000 long tons of raw materials in manu-
facture, about 2 per cent of which were obtained from sources outside
the State of Alabama. The raw materials for the concrete plant were
obtained from within the State of Alabama.
The Company normally employs approximately 3500 persons.
There are 22 employees in the concrete plant, 5 of whom are super-
visory and clerical, while 17 are production and maintenance
employees.
323428-42-vol. 27 8
1-14 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
IT. THE ORGANIZATIONS INVOLVED
Hodcarriers Local Union No. .971 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Company 's concrete plant.
United Mine Workers of America, District 50, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. It
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 8, 1940, the Company refused to bargain with the Hodcar-
riers Union until it was certified by the Board. At the hearing there
was introduced in evidence a statement of the Regional Director show-
ing that the Hodcarriers Union represents a substantial number of
employees within the unit herein found to be appropriate.
We find that a question has arisen concerning the representation of
employees of the Company at its ready -mixed concrete plant.
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, the Hodcarriers Union, and the U. M. W. A. stipu-
lated, and we find, that all production and maintenance employees at
the Company's ready-mixed concrete plant, including handy men,
mixer men, box feeders , cement handlers and Fuller Kinyon operators,
but excluding clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question of representation which has arisen can
best be resolved by an election by secret ballot. We shall accordingly
direct that such an election be held. Since the U. M. W. A. does not
SLOSS SHEFFIELD STEEL & IRON COMPANY 115
wish to participate in the election and does not claim to represent
employees in the appropriate unit, we shall not place its name on the
ballot. All the employees in the appropriate unit during the pay-
roll period immediately preceding the date of the Direction of Eldc-
tion herein , including employees who did not work during such pay-
roll period because they were ill or on vacation , and employees who
were then or shall have since been temporarily laid off , but excluding
those who shall have since quit or been discharged for cause, 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 representa-
tion of - employees of Sloss Sheffield Steel & Iron Company, at its
ready-mixed concrete plant at Birmingham, 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 at the Company's
ready-mixed concrete plant, including handy men, mixer men, box
feeders, cement handlers and Fuller Kinyon operators, but excluding
clerical and supervisory employees, constitute a unit appropriate for
the purpose 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 Act, and pursuant to Article III, Section 8, of
National Labor Relations 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 Sloss Sheffield Steel & 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 the agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all production and maintenance employees
at the ready-mixed concrete plant of Sloss Sheffield Steel & Iron Com-
pany, including handy men, mixer men, box feeders, cement handlers
and Fuller Kinyon operators, whose names appear upon the pay roll
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
immediately preceding this Direction, including employees who did
not work during such pay-roll period because they were ill or on vaca-
tion, and employees who were then or shall have since been temporarily
laid off, but excluding supervisory and clerical employees and em7
ployees who shall have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Hodcarriers
Local Union No. 971, for the purposes of collective bargaining.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
October 14, 1940
On September 7, 1940, the National Labor Relations Board issued
a Decision and Direction of Election,' in the above-entitled proceed-
ings. Pursuant to the Direction of Election, an election by secret
ballot was conducted on September 20, 1940, under the direction and
supervision of the Regional Director for the Tenth Region (Atlanta,
Georgia). On September 24, 1940, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties his Election Report. No objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote-------------------------------- 17.
Total number of ballots cast---------------------------------- 16
Total number of ballots cast for Hodcarriers Local Union No.
971------------------------------------------------------- 13
Total number of ballots cast against Hodcarriers Local Union
No. 971-- - - - -- - -- - -- -- ------ ---- 3
Total number of challenged ballots---------- ---------------- 0
Total number of void ballots--------------------------------- 0
Total number of blank ballots------------------------------- 0
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 CERTIFIED that Hodcarriers Local Union No. 971 has
been designated and selected by a majority of all production and
maintenance employees at the ready-mixed concrete plant of Sloss
Sheffield Steel & Iron Company, Birmingham, Alabama, including
SLOSS SHEFFIELD STEEL & IRON COMPANY 117
handymen,-mixer men, box feeders, cement handlers, and Fuller Kin-
yon operators, and excluding supervisory and clerical employees, as
their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the National
Labor Relations Act, Hodcarriers Loeal Union No. 971 is the exclu-
sive representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
27 N. L. R. B., No. 30a.