Tennessee Coal, Iron and Railroad Co.

National Labor Relations Board - Board Decisions

Jun 26, 1942

41 N.L.R.B. 1364 (N.L.R.B. 1942)

In the Matter of TENNESSEE COAL, IRON AND RAILROAD COMPANY and
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN
Case No. R-3946.-Decided June 06,1942
Jurisdiction : mining and steel manufacturing industry.
Investigation and Certification ' of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all locomotive engineers, firemen,
and hostlers employed in the rail transportation department ; stipulation as to.
Mr. Borden Burr, of Birmingham, Ala., for the Company.
Mr. S. C. Phillips, of Cleveland, Ohio, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Brotherhood of Locomotive Firemen
and Enginemen, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Tennessee Coal, Iron and Railroad Company, Birmingham,
Alabama, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon, due notice, before
Thomas H. Ramsey, Trial Examiner. Said hearing was held at
Birmingham, Alabama, on June 16, 1942. The Company and the
Union appeared and participated.' All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon 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 Board makes the following :
' United Steelworkers of America , although served with notice, did not appear.
41 N. L. R. B., No. 244.
1364
TENNESSEE COAL, IRON AND. RAILROAD CO. 1365_
FINDINGS ,OF FACT
I. THE ,BUSINESS OF THE COMPANY
Tennessee Coal, Iron and Railroad Company is a Tennessee cor-
poration engaged in the manufacture, sale, and distribution of iron,
steel, and steel products. Its principal, office is located at Birming-
ham, Alabama, and it maintains sales offices in principal cities of the
United States. The Company is a subsidiary of the United States
Steel Corporation. It operates coal, ore, and limestone mines, and
a dolomite quarry, and maintains a steel manufacturing division con-
sisting of six plants in Birmingham, Alabama. All but a negligible
percentage of the raw materials used by the manufacturing division
in 1940 originated in the State of Alabama. During the same period,
78.79 percent of the finished products manufactured and fabricated
by the Company was shipped to points outside the State of Alabama.
The Company maintains a transportation department consisting of
a number of units, separate from its manufacturing and ore and coal
departments. This proceeding concerns the locomotive engineers,
firemen, and hostlers employed in the Company's rail transportation
department.
II. THE ORGANIZATION INVOLVED
Brotherhood of Locomotive Firemen and Enginemen is an un-
affiliated labor organization admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION -
On or about November 28, 1941, the Union requested the Company
to recognize it as the exclusive bargaining agent for locomotive en-
gineers, firemen, and hostlers employed by the Company in the rail
transportation department. The Company refused unless and until
the Union is certified by the Board.
A report prepared by a Field Examiner of the Board, and intro-
duced in evidence at the hearing, indicates that the Union represents
a substantial 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.
2 The Field Examiner reported that the Union presented 185 designations dated between
April 4, 1942, and May 8, 1942. Of 185 designations , 181 bear the apparently genuine
signatures of persons whose names are on the Company's pay roll of May 1, 1942. There
are approximately 201 employees in the unit
The Field Examiner further reported that the United Steelworkers of America presented
no evidence of representation among employees in the unit
1366 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD
IV. THE APPROPRIATI UNIT
We find, in accordance with a stipulation of the parties, that all
locomotive engineers, firemen, and hostlers employed in the rail trans-
portation department of the Companyconstitute,a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The parties stipulated that the pay roll "as of May 1, 1942," be
used to determine eligibility to vote in an election. We shall direct
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among, the employees in the
appropriate unit who were employed during the pay-roll period in
which May 1, 1942, fell, subject to the limitations and additions set
forth in the Direction of Election herein.
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 Rela-
tions 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 to ascertain representa-
tives for 'the purposes of collective bargaining with Tennessee Coal,
Iron and Railroad 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, Section 9, 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 in which May
1, 1942, fell, including employees who did not work during said pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Brotherhood of Locomotive Firemen and Enginemen , for the pur-
poses of collective bargaining.