McWane Cast Iron Pipe Co.

National Labor Relations Board - Board Decisions

Mar 11, 1940

21 N.L.R.B. 465 (N.L.R.B. 1940)

in the Matter Of MCWANE CAST IRON PIPE COMPANY and STEEL
WORKERS ORGANIZING COMMITTEE
Case No. R-1653
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF REPRESENTATIVES
March 11, 1940
On January 15, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceedings.' Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted on January 30, 1940,
under the direction and supervision of the Regional Director for
'the Tenth Region (Atlanta, Georgia). On February 2, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations - Series 2,
as amended, issued an Election Report, copies of which were duly
served on the parties.
As to the balloting and its results, the Regional Director reported
as follows :
PATTERN MAKERS
1. Total number eligible-----------------------------------
2. Total ballots cast---------------------------------------
3. Total number ballots cast for Steel Workers Organizing
2
2
Committee--------------------------------------------- 0
4. Total number ballots cast for Pattern Makers Association
of Birmingham---------------------------------------- 2
5. Total number ballots cast for neither organization-------- 0
6. Total number challenged ballots------------------------- • 0
7. Total number of void ballots----------------------------- 0
8. Total number of blank ballots--------------------------- 0
1. Total
2. Total
3. Total
OTHER PRODUCTION AND MAINTENANCE EMPLOYEES
number eligible------------------------------------ 463
ballots
number
cast----------------------------------------
ballots cast for Steel Workers Organizing
413
Committee--------------------------------------------- 381
4. Total number of ballots cast against Steel Workers Organ-
izing Committee---------------------------------------- 12
5. Total number challenged ballots-------------------------- 12
6. Total number of void ballots----------------------------- 7
7. Total number of blank ballots---------------------------- 1
119 N. L. R. B 458.
21 N. L R. B, No. 40.
465
466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 3, 1940, the Steel Workers Organizing Committee,
herein, called the S. W. O. C., filed with the Regional Director
objections to the conduct of the election among the pattern makers.
On February 21, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued a Report on Objec-
tions in which he reported that the objections were without merit.
On February 24, 1940, the Regional Director notified the Board
that the S. W. O. C. had withdrawn its objections.
In the Decision and Direction of Elections previously referred to,
the Board made no final determination as to the appropriate unit
or units. The Board there stated :
An election will be held among the Pattern Makers, excluding
foremen, employed by the company to determine whether they
desire to be represented by the S. W. O. C. or by the Association
for the purposes of collective bargaining or by neither. If a
majority of such employees choose the Association, we shalt
hold that they constitute a separate appropriate unit; if a
majority of such employees choose the S. W. O. C., we shall
hold that they constitute part of the single industrial unit
requested by the S. W. O. C.
Upon the basis of the entire record in the case, the Board makes
the following :
SUPPLEMENTAL FINDINGS OF FACT
1. We find that the pattern makers employed by McWane Cast
Iron Pipe Company, Birmingham, Alabama, excluding foremen,
constitute a unit appropriate for the purposes of collective bar-
gaining 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.
2. We find that the production and maintenance employees of
McWane Cast Iron Pipe Company, Birmingham, Alabama, ex-
cluding supervisory and clerical employees and pattern makers,
constitute a unit appropriate for the purposes of collective bar-
gaining, and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargining, and otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The pattern makers of the McWane Cast Iron Pipe Company,
Birmingham, Alabama, constitute a unit appropriate for the pur-
MCWANE CAST IRON PIPE COMPANY 467
poses of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act.
2. The production and maintenance employees of McWane Cast
Iron Pipe Company, Birmingham, Alabama, excluding supervisory
and clerical employees and pattern makers, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
CERTIFICATIONS OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations `Board by Section 9 (c) of the National Labor
Relations 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 Pattern Makers Association of Bir-
mingham, affiliated with Pattern Makers League of North America
and through it with the American Federation of Labor, has been
designated and selected by a majority of the pattern makers of
McWane Cast Iron Pipe Company, Birmingham, Alabama, ex-
cluding foremen, as their representative for the purposes of collec-
tive bargaining, and that pursuant to the provisions of Section 9 (a)
of the National Labor Relations Act, Pattern Makers Association
of Birmingham, affiliated with Pattern Makers League of North
America and through it with the American Federation of Labor,
is the exclusive 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 ; and
IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all production and main-
tenance employees of McWane Cast Iron Pipe Company, Bir-
mingham, Alabama, excluding supervisory and clerical employees and
pattern makers, 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, Steel Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations, is
the exclusive 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.