Tennessee Coal, Iron and Railroad Co.

National Labor Relations Board - Board Decisions

May 7, 1943

49 N.L.R.B. 588 (N.L.R.B. 1943)

In the Matter of TENNESSEE COAL, IRON AND RAILROAD COMPANY and
UNITED ASSOCIATION OF IRON, STEEL AND MINE WORKERS
Case No. R-5175.-Decided May 7, 19/3
Mr. D. K. McKamy, of'Birmingham, Ala., for the Company.
Mr. C. M. Bloomfield, of Fairfield, Ala., for the Association.
Messrs. R. E. Farr, C. E. Haigler and B. F. Gage, of Birmingham,
Ala., for the Steelworkers.
Mr. Guy E. Fowler, of Birmingham, Ala., for the Switchmen.
Miss Muriel J. Le2nor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Association of Iron, Steel and
Mine Workers, herein called the Association, 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
George S. Slyer, Trial Examiner. Said hearing was held at Birming-
ham, Alabama, on April 15, 1943. The Company, the Association,
United Steelworkers of America, herein called the Steelworkers, and
Switchmen's Union of North America, Red Mountain Lodge No. 46,
herein called the Switchmen, appeared, participated, and were
afforded full 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 Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Tenessee Coal, Iron and Railroad Company, a. Tennessee corpora-
tion with its principal office at Birmingham, Alabama , is a subsid-
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588
TENNESSEE COAL, IRON AND RAILROAD COMPANY 589
iary of United States Steel Corporation. The Company is engaged
in the manufacture, sale; and distribution of iron, in connection with
which it maintains sales offices in the principal cities of the United
States. It operates coal and iron mines, dolomite and limestone
quarries, a manufacturing division and a transportation depart-
ment, herein called the Transportation Department, which is alone
involved in this proceeding. During the year 1940, 78.79 percent of
the finished products manufactured by the Company were shipped
to points outside the State of Alabama, and the Company's opera-
tions have not materially changed since that period.
The Company concedes that it is engaged in commerce within the
meaning of the, National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Association of Ii on, Steel and Mine Workers is an unaffil-
iated labor organization , admitting to memership employees of the
Company.
United Steelworkers of America , is a labor organization affiliated
with the Congress of Industrial Organizations , admitting to mem-
bership employees of the Company.
Switchmen 's Union of - North America, Red Mountain Lodge No.
46, is a labor organization- affiliated with the American Federation
of Labor , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Since November 12, 1937, the Association has had a contract with
the Company recognizing it as the representative of those employees
of the Company in the manufacturing division and Transportation
Department who were its members, until the contract's cancellation
by the Company after the Steelworkers won an election on Decem-
ber 17, 1942, in the manufacturing division, for the production and
maintenance employees. However, before that time, on or about
May 16, 1941, the Company refused to permit the coverage of the
then existing contract to include the Transportation Department.
Since then elections have been held for particular categories of em-
ployees in the Transportation Department, and on August 7, 1942,
the Board certified the Brotherhood of Locomotive Firemen &
Enginemen as representative of the locomotive engineers, firemen,
and hostlers, and on January 12, 1943, the Switchmen was certified
as representative of all conductors. However, the Company's switch-
men alid flagmen have never been included in any of the units rep-'
resented by collective bargaining agents. About August or Septem-
ber 1942, the Association asked the Company to recognize it as the
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590 DECISION'S OF NATIONAL L:AiBOR , RELATIONS BOARD
representative of the switchmen (including flagmen)-and the Com-
pany refused unless and until • it was duly certified as such by the
Board.
A statement of the Field Examiner , introduced into evidence at
the hearing, indicates that the Association represents a substantial
number of employees in the unit hereinafter found 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 National Labor
Relations Act. -
I\'. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
switchmen and flagmen employed in the rail transportation depart-
ment of the Company, 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 employees
in.the appropriate unit who were employed during the pay-roll period,
immediately preceding the date of our Direction of Election, subject
to the limitations and additions set forth in the Direction .2
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 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 represent-
atives 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) clays from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Tenth Region,
acting in this matter as agent for the National Labor Relations
' The Field Examiner reported that the Association submitted 130 cards , of which 128
bore apparently genuine original signatures corresponding with names on the Company's
pay roll of March 1, 1943 , containing 191 names.
The Field Examiner also reported that the Steelworkers submitted 20 designations
bearing apparently genuine original signatures corresponding with names on the afore-
said pay roll.
2 The Switchmen shall not be placed on the ballot since no application -for-membership
cards , dues records , or other i epresentation designations were submitted by it.
- TENNESSEE COAL, IRON AND RALLROAD COMPANY 591
Board, and subject to Article III, Section 10, 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 bcause 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 employees who have since quit or been
discharged for cause, to determine whether they desire to be rep-
resented by United Association of Iron, Steel and Mine Workers,
or by United Steelworkers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargain-
ing, or by neither.