Virginia Bridge Co.

National Labor Relations Board - Board Decisions

Sep 1, 1942

43 N.L.R.B. 890 (N.L.R.B. 1942)

In the Matter Of VIRGINIA BRIDGE COMPANY and UNITED
'STEELWORKERS OF AMERICA (C. I. 0.)
Case No. R-4134.-Decided September 1, 1942
Jurisdiction : bridge and structural steel fabricating industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition because of contract with rival organ-
ization; original contract containing no fixed term, not purported to have been
renewed for -a fixed term prior to assertion by rival union of its claim of
representation, held no bar; election necessary.
Unit Appropriate for Collective Bargaining : all employees at one of Company's
plants, excluding watchmen, clerical employees, superintendents, general
foremen, foremen, and subforemen spending at least 50 percent of their time
in actual supervisory duties.
Mr. Paul R. Conagan, of Chicago, Ill., for the Company.
Mr. Will Watts, of Memphis, Tenn., for the U. S. A.
Mr. Stanley Founds, of St. Louis, Mo., for the A. F. of L.
Mr. Wm. C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF- ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America
(C. I. 0.), herein called the U. S. A., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Virginia Bridge Company, Memphis, Tennessee, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Charles A. Kyle, Trial
Examiner. Said hearing-was held at Memphis, Tennessee, on August
10, 1942. The Company, the U. S. A., and International Association
of Bridge, Structural & Ornamental Iron Workers, affiliated with the
American Federation of Labor,' herein called the A. F. of L., ap-
peared, 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.
43 N. L. R. B., No. 150.
890
'VIRGINIA BRIDGE COMPANY .891
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Virginia Bridge Company is a Delaware corporation, operating
plants in several southern cities, including Memphis, Tennessee: The
Memphis plant,.which, alone is , involved in this proceeding,- is engaged
in the fabrication of bridge and structural steel ., In 1940 the Com-
pany purchased 15,000 tons of raw, material, all of which was shipped
to it from points outside the State of Tennessee. In the same period
the Company sold approximately 15,000 tons of finished products„
more than 50 percent of which was shipped to points outside the
State of Tennessee.' At the present time the Company employs
approximately 250 employees and 95 percent of the Company's work
Js war production.
II. THE ORGANIZATIONS INVOLVED
United' Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to mem-
bership employees of the Company. •
International Association of Bridge, Structural & Ornamental Iron
Workers is a labor.organizatipn affiliated with the American Federa-
tion of Labor. It admits to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
On July 2, 1942, the U. S. A. requested recognition by-the Company
,but was refused on the ground that the Company had a contract with
the A. F. of L.
On March 17, 1941, after an election held February 21, 1911, the
Board certified the A. F. of L. as the exclusive bargaining repre-
sentative of the Company's employees.2 Thereafter,. the Company,
by letter dated May 3, 1941, recognized the A. F. of L. as the exclusive
bargaining r` epresentative , of its employees. On July 15, 1941, the
Company and the A. F.,of L. entered into a sole bargaining contract
which; however, contained no fixed term. `'Affidavits of several per-
sons, introduced in evidence, indicate that at an A. F.-of L.-meeting
,held' April 7, 1942, at which' the A. F. of L. presented a copy of a new
contract to the plant manager, it was mutually agreed that the
original agreement was to remain in full force and effect until a new
'-1 Pursuant " to a stipulation at the hearing,-the above findings are based on findings of
the' Board in "Matter " of Virginia Bridge Company and International Association of
Bridge, Structural,&• Ornamental,-Iron -Workers, - Shopmen's Local , 5S0, 29 N. L. R . B. 241.
2 29 N. L . R. B. 241 .. •
-, - l.
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contract could be agreed upon. On these facts the A. F. of L. moves
the Board to dismiss the C. I. O.'s petition. Inasmuch as the, original
contract contained no fixed term, has now been in effect for more than
a year, and does not purport to have been renewed for a fixed term
prior to the assertion by the U. S. A. of its claim of representation,
we find the contract is no bar to this proceeding. The motion of the
A. F, of L. is accordingly denied. -
A check made by the Trial hxaminer at the hearing shows that
both unions represent a-substantial number of employees in the unit
hereinafter found to be appropriate.3
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.
IV. THE APPROPRIATE -UNIT
We find, in accordance with a stipulation of the parties, that all
employees in the Memphis plant of the Company, excluding watch-
men, clerical employees, superintendents, general foremen, foremen,
and,subforemen who spend at least 50 percent of their time in actual
supervisory duties, constitute a unit' appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OFOREPRESENTAPIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of
Election herein, subject to the limitations and additions set forth in
the Direction. -
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, 49 Stat. 449,' and pursuant to, Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
9 The check by the Trial Examiner shows that U S A. submitted 153 application cards
for membership in the U. S A., all dated between June 29, 1942, and July 31 , 1942, 151
of-which appear to bear genuine original signatures , of which 135 are the names of
,persons whose names aie on the Company 's pay roll of July 18, 1942.'
The A F. of,L. submitted 121 application cards for membership in the A. F. of L.
dated between June 1934 and August 1942, all of which appear to bear genuine original
signatures , of which 112 are names of persons whose names are on the Company's pay
roll of July 18, 1942
There are approximately 200 employees In the appropriate unit.
VIRGINIA BRIDGE COMPANY 893 '
DIRECTED that,,as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Virginia Bridge
Company, Memphis , Tennessee, 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 Fifteenth 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 immediately preceding
the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or
in the active military 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 they desire to be
represented 'by United Steelworkers of America , affiliated with the.
Congress of Industrial Organizations, or by International Association
of Bridge, Structural & Ornamental Iron Workers, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining , or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.