Pidgeon-Thomas Iron Co.

National Labor Relations Board - Board Decisions

Apr 1, 1946

66 N.L.R.B. 1398 (N.L.R.B. 1946)

In the Matter of PIDGEON-THOMAS IRON COMPANY and UNITED
STEELWORKERS OF AMERICA, CIO
Case No. 15-1?-1586.-Decided April 1, 19416
Mr. H. D. Bird, of Memphis, Tenn., for the Company.
Messrs. Earl A. Crowder and Lawrence E. McGurty, of Memphis,
Tenn., for the C. I. O.
Mr. Stanley Rounds, of St. Louis, Mo., for the A. F. L.
Mr. F. L. Barclay, of Memphis, Tenn., for Shopman's Local No.
530.
Mr. Emil C. Farkas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
the Pidgeon-Thomas Iron Company, Memphis, Tennessee, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Gerald A. Brown,
Trial Examiner. The hearing was held at Memphis, Tennessee, on
February 20, 1946. The Company, the CIO, and International Asso-
ciation of Bridge Structural and Ornamental Iron Workers, Local
Union No. 530, hereinafter called the A. F. L., appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pidgeon-Thomas Iron Company is a Delaware corporation with
its place of business in Memphis, Tennessee, where it is engaged in
66 N. L . R. B., No 171.
1398
PIDGEON-THOMAS IRON COMPANY 1399
the operation of a wholesale warehouse from which it sells and dis-
tributes mill supplies , contractor 's supplies, steel products, and sundry
hardware products . It also operates a shop in which it fabricates
structural steel. During the past 12 months it has purchased, for
resale, products valued at approximately $1,600,000, about 95 percent
of which came from States other than Tennessee. For the same
period, the Company's sales through its warehouse amounted to ap-
proximately $2,000,000, 50 percent of which was sold to customers
outside the State of Tennessee. The approximate value of fabricated
steel products produced in the shop during the past year was $300,000,
about 50 percent of which was sold and shipped to customers in
States other than the State of Tennessee.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization , affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Association of Bridge Structural and Ornamental
Iron 'Workers, Local Union No. 530, is a labor organization , affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 4, 1943, the Company and the A. F. L. entered into a
collective bargaining agreement for a period of 1 year, automatically
renewable, in the absence of notice by either party 4 months prior to
June 4 of any year. The contract was renewed in 1944 and 1945, in
accordance with the automatic renewal clause, and neither party
served notice to terminate before February 4, 1946.
The C. I. O. in a letter to the Company, dated January 24, 1946
requested recognition as bargaining representative for the Company's
employees. On the same day, the petition in this case was filed.'
The Company replied to the C. I. O.'s letter, on January 25, stat-
ing that the Company was operating under an existing contract with
the A. F. L. and would continue to do so until another organization
was certified as bargaining representative by the National Labor
Relations Board.
The A. F. L. contends that its contract' constitutes a bar to and
precludes any present determination of representatives.
I A petition was filed by the C I. 0 on October 19, 1945. That petition was withdrawn
January 24, 1946, and the present petition was filed.
1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In accordance with well-established precedent, we find that the
present contract does not bar an immediate determination of repre-
sentatives, since the C. I. 0. asserted its representation claim and
filed its petition for certification with the Board prior to the opera-
tive date of the renewal clause in the existing contract.2
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. 0. represents a substantial number
of employees in the unit hereinafter found 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 Act.
Iv. THE APPROPRIATE UNIT
The C. I. 0. requests a unit composed of all production and main-
tenance employees 4 of the Company, including those in the whole-
sale warehouse, the shop warehouse and the shop, and truck drivers,
excluding watchmen, shipping clerks in both warehouses, the office
porter, office clerks, sales employees, and all supervisory employees
with the authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action.
The Company employs in No. 2 warehouse one electrical and main-
tenance foreman, three fitter foremen, two machine operator foremen,
one derrick operator foreman, and one welder foreman. These men
are old and experienced employees of the Company who were made
foremen during the expanded operation of the Company under war
contracts. Since the end of the war, they have retained their title
and pay, but have little, if any, supervisory function. Substantially
all of their time is spent in working with helpers tinder the direction
of the superintendent of the plant. The contention of the C. I. 0.
and the A. F. L. is that these working foremen should be included.
The Company raises no objection to this position. We find that
the employees in question are not actually supervisors, and we shall
include them in the unit.
We find that all production and maintenance employees of the
Company, including those in the wholesale warehouse, the shop ware-
8 Matter of Whtippawy Paperboard Company, Inc, 61 N I. R B. 516; Matter of Cstse8
Service Refining Company , 58 N L R B 28 ; Matter of American Smelting and Refining
Company , 62 N. L R. B. 1470
3 The Field Examiner reported that the C I 0 submitted 72 cards bearing the names
of 48 employees listed on the Company's pay roll of February 10, 1946.
There are approximately 64 employees in the appropriate unit.
4 The A F L contended that the unit should be described as "all production and
maintenance employees" instead of "all employees of the Company ," as originally
requested by the C. I. 0 The C 1 0 and the Company agree to this description of
the unit,
PIDGEON-PHO MAS I1RON COMPANY 1401
house and the shop, truck drivers, electrical and maintenance fore-
man, fitter foremen, machine operator foremen, derrick operator
foreman, and welder foreman, but excluding watchmen, shipping
clerks in both warehouses, office porter, office, clerical, ales em-
ployees, and all supervisory employees with authority to lire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, 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 the Direction of Election
herein, subject to the limitation and additions set forth in the Direc-
tion.
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 3, as amended, it is
hereby
I)IRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pidgeon-Thomas
Iron 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, Sections 10 and 11, of said Rules and Regulations,
among employees in the unit found appropriate in Section IV, above,
who were employekl during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during said pay-roll period because 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 those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented
by United Steelworkers of America, affiliated with the Congress
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Industrial Organizations , or by International Association of Bridge
Structural and Ornamental Iron Workers, Local Union No. 530,
affiliated with the A. F. L., for the purposes of collective bargaining,
or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.