The Ingalls Iron Works Co.

National Labor Relations Board - Board Decisions

Jan 23, 1941

29 N.L.R.B. 156 (N.L.R.B. 1941)

In the Matter of THE INGALLS IRON WORKS COMPANY, SOUTHSIDE
PLANT and INTERNATIONAL ASSOCIATION or BRIDGE, STRUCTURAL
AND, ORNAMENTAL IRON WORKERS, SH'OPMEN LOCAL #539
Case'No. k-2248.-Decided January 23, 1941
Jurisdiction : structural steel fabricating industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to bargain with the union until it has been certified by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Southside plant
of the Company, excluding clerical employees , watchmen, the general fore-
man, the superintendent , the assistant superintendent, foremen, and
inspectors.
Mr. D. W. Strickland and Mr. J. A. Simpson, of Birmingham,
Ala., for the Company.
Mr. Stanley Rounds, of Birmingham, Ala., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 11 and December 13, 1940, respectively, Interna-
tional Association of Bridge, Structural- and Ornamental Iron
Workers, Shopmen Local #539, herein called the Union, filed with
the Regional Director for the Tenth Region (Atlanta, Georgia) a
petition and an amended petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Ingalls Iron Works Company,' Birmingham, Alabama, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On De-
cember 17, 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 Regu-
1 Incorrectly designated in the formal papers as Ingalls Iron Works Company . This was
corrected by motion at the hearing.
29 N. L. R. B., No. 28.
156 '
THEWINGALLS IRON -WORKS- COMPANY',-.., 1-57
lations-Series 2, as amended, ordered - an investigation and , au-
thorized the Regional Director to conduct it- and to provide- for an
appropriate hearing upon -due notice. . -
On December -30, 1940, the Regional 'Director issued • a• notice- of
hearing, copies of which were duly served upon -the Company,.-the
Union, and Steel Workers Organizing Committee. Pursuant to
notice, a hearing was held on January 8, 1941, at Birmingham, Ala-
bama, before Alexander E. Wilson, Jr., the Trial Examiner duly
designated by the Board. The Company. and the Union were repre-
sented by counsel and participated in the hearing.. The Steel Work-
ers Organizing Committee did not appear at the hearing.. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues, was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Ingalls, Iron, Works Company is a# Delaware corporation;
operating a plant at Birmingham, Alabama, known as•, the South-
side plant, where it is engaged in the fabrication of structural steel.
The Company purchases approximately 70,000 tons of raw materials
annually, -approximately 50 per cent of which are shipped to it from
points outside the State of Alabama. It sells about 70,000 tons of
finished products annually approximately 70 per cent of which are
shipped by it to points outside the State of Alabama. The Com-
pany employs approximately 500 employees at its ,Southside plant.
H. THE ORGANIZATION INVOLVED •
International Association of Bridge, Structural and Ornamental
Iron Workers, Shopmen Local $539, is a labor organization affili-
ated with the American Federation of Labor. It admits to member-
ship all employees in the Southside plant of the Company, excluding
clerical employees, watchmen, and superintendents. -
III. TIM QUESTION ; CONCERNING REPRESENTATION
On November.8, 1940, the Union requested the Company to bar-
gain with it as the exclusive representative ofits employees. The
Company refused to bargain with the Union- until it ' had been -certi=
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fled by the Board. A statement of the Regional Director intro-
duced in evidence at the hearing shows that the Union represents a
substantial number of employees in the alleged appropriate unit.s
We find that a question has arisen concerning the representation
of employees of the Company.
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union urges that all the employees of the Company at its
Southside plant, excluding clerical employees, watchmen, the general
foreman, the superintendent, and the assistant superintendent, con-
stitute a unit appropriate for the purposes of collective bargaining.
The only controversy with respect to the unit concerns foremen
and inspectors. The Union urges the inclusion of all such employees,
and the Company desires their exclusion.
The Company has 19 employees classified by it as foremen. - They
all issue orders to other employees and have the power to lay off,
hire, and discharge employees. These employees engage solely in
supervisory work and do not do any manual labor. In view of
the supervisory duties of these employees, we'find that they should
be excluded from the unit.'
The Company has four employees classified by it as inspectors.
The inspectors check the finished products for quality and correct-
ness and have the sole authority to reject defective products. In
view of the duties of these inspectors and the fact that we excluded
them from the unit in the Birmingham Tank case' we find that they
should be excluded from the unit.
We find that all employees at the Southside plant of the Company,
excluding clerical employees, watchmen, the general foreman, the
superintendent, the assistant superintendent, foremen, and inspec-
2The Regional Director 's statement shows that 285 employees whose names.appear on
the Company's pay roll of December 18, 1940, have signed application cards in the Union.
There are approximately 500 employees on this pay roll.
n Matter of Birmingham Tank Company , Division of The Ingalls Iron Works Company,
Inc and International Association of- Bridge . Structural and Ornamental Iron Workers,
Shopmen's Local # 539, 25 N. L. R. B . 1306. Birmingham Tank Company , a division
of the Company herein involved , and the Southside plant of the Company are both located
in Birmingham , Alabama. - _ '
* See footnote 3, supra.
THE 3NGALLS IRON WORKS COMPANY - , , 159)
tors, constitute a- unit appropriate for the purposes of collective
bargaining, and that said unit will insure to the employees of the
Company their full right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by_ an election by secret ballot. The
parties agreed at the hearing that in the event the Board directed
an election, eligibility of employees to vote should be determined
by the Company's pay roll of December 31, 1940. We find that
the employees of the Company eligible to vote in the election shall
be those in the appropriate unit whose names appear on the Com-
pany's pay roll of December 31, 1940, including employees who did
not work during such pay-roll period because they were ill or on
vacation and employees who were then or have since been tem-
porarily laid off, but excluding employees who have since quit or
been discharged for cause.
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 the repre-
sentation of employees of The Ingalls Iron Works Company,
Birmingham, Alabama, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act. I .
2. All employees at the Southside plant of the Company, exclud-
ing clerical employees, watchmen, the general foreman, the superin-
tendent, the assistant superintendent, foremen, and inspectors,
constitute a unit, appropriate for the purposes of collective bargain-
ing, 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 Board by Section 9 (c) of the National Labor Re-
lations 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 bargain-
ing with The Ingalls Iron Works Company, Birmingham, Alabama,
an election by secret ballot shall be conducted as early as' possible,
160- DECISIONS '. OF -NATIONAL LABOR -RELATIONS BOARD
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 all employees at the Southside
plant of the Company whose names appear on the Company's pay
roll- of December 31, 1940, including employees who did not work
during such pay-roll period because they were ill or on vacation
and employees who were then or have since been temporarily laid
off, but excluding clerical employees, watchmen, the general foreman,
the superintendent, the assistant superintendent, foremen, inspectors,
and employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Association of Bridge, Structural and Ornamental Iron
Workers, Shopmen Local #539, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.
CHAIRMAN HARRY A. MILLIs took no part in the consideration of
the above Decision and Direction of Election. -
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
February 19, 1941
On January 23, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding ? Pursuant to the Direction of Election,
an election by secret ballot was conducted on February 4, 1941, under
the direction and supervision of the Regional Director for the Tenth
Region ( Atlanta, Georgia ). On February 6, 1941, 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 an Election Report on, the ballot.
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 ------------------------------------ - 422
Total ballots cast_________________________________________ 406
Total number ballots cast for International Association of
Bridge, Structural and Ornamental Iron Workers, Shopmen
Local #539, affiliated with the A. F. of L_________________ 348
Total number ballots cast against International Association
of Bridge , Structural and Ornamental Iron Workers, Shop-
men-Local #539, affiliated with the A. F. of L___--------- 52
THE INGALLS IRON WORKS COMPANY 161
Total number of 'challenged ballots__ ______________________ • 5
Total number of void ballots______________________________ 1
Total number of blank ballots____________________________ 0
By virtue of and pursuant to the power vested, in the National
Labor Relations Boara 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 International Association of Bridge,
Structural and Ornamental Iron Workers, Shopmen Local ,#539,
affiliated with,the American Federation. of Labor, has been desig-
nated and selected by a majority of all employees at the Southside
plant of The Ingalls Iron Works Company, Birmingham, Alabama,
excluding clerical employees, watchmen, the general foreman, the
superintendent, the assistant-superintendent, foremen, and inspectors,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, International Association
of Bridge, Structural and Ornamental Iron Workers, Shopmen Local
#539, affiliated with the American Federation of Labor, is the exclu-
sive representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
29 N L It B., No. 28a
I