United States Pipe & Foundry Co.

National Labor Relations Board - Board Decisions

Mar 16, 1940

21 N.L.R.B. 671 (N.L.R.B. 1940)

In the Matter of UNITED STATES PIPE & FOUNDRY COMPANY and
STEEL WORKERS ORGANIZING COMMITTEE
Case No. R-1651
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF REPRESENTATIVES
March 16, 1940
On January 29, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election . in
the above-entitled proceedings. Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted on February 13, 1940,
under the direction and supervision of the Regional Director for the
Tenth Region (Atlanta, Georgia). On February 16, 1940, the Re-
gional 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. 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 :
MACHINISTS GROUP
Total number eligible--------------------------------------- 110
Total ballots cast------------------------------------------- 105
Total number ballots cast for the International Association of
Machinists Lodge No. 359, affiliated with the American Fed-
eration of Labor------------------------------------------ 85
Total number ballots cast for the Amalgamated Association of
Iron, Steel and Tin Workers of North America, Lodge No.
2140, through Steel Workers Organizing Committee, affiliated
with Congress of Industrial Organizations----------------- 19
Total number votes cast for neither organization------------- 0
Total number of challenged ballots-------------------------- 1
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------- 0
119 N. L R B. 1010
21 N. L. R. B., No. 67.
671
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ELECTRICIANS GROUP
Total number eligible--------------------------------------- 12
Total ballots cast------------------------------------------- 12
Total number ballots cast for the International Brotherhood
of Electrical Workers, Local No 698, affiliated with American
Federation of Labor------------------------------------- 12
Total number ballots cast for the Amalgamated Association
of Iron, Steel and Tin Workers of North America, Lodge
No. 2140, through Steel Workers Organizing Committee, af-
filiated with Congress of Industrial Organizations---------- 0
Total number votes cast for neither organization------------ 0
Total number of challenged ballots-------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------ 0
BOILERMAKERS GROUP
Total number eligible--------------------------------------- 12
Total ballots cast------------------------------------------- 11
Total number ballots cast for the International Brotherhood
of Boilermakers, Iron Ship Builders, Welders and Helpers of
America, Local No 4, affiliated with American Federation
of Labor------------------------------------------------- 1
Total number ballots cast for the Amalgamated Association of
Iron, Steel and Tin Workers of North America, Lodge No.
2140, through Steel Workers Organizing Committee, affiliated
with Congress of Industrial Organizations----------------- 0
`Total number votes cast for neither organization------------ 0
Total number of challenged ballots-------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------ 0
PATTERN MAKERS GROUP
Total number eligible--------------------------------------- 9
Total ballots cast------------------------------------------ 9
Total number ballots cast for the Pattern Makers Association
of Birmingham, Ala, affiliated with Pattern Makers League
of North America, affiliated with American Federation of
Labor---------------------------------------------------- 9
Total number ballots cast for the Amalgamated Association of
Iron, Steel and Tin Workers of North America, Lodge No.
2140, through Steel Workers Organizing Committee, affiliated
with Congress of Industrial Organizations---------------- 0
Total number votes cast for neither organization------------ 0
Total number of challenged ballots-------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------- 0
UNITED STATES PIPE & FOUNDRY COMPANY 67e3
ALL REMAINING PRODUCTION AND MAINTENANCE EMPLOYEES
Total number eligible ______________________________________ 624
Total ballots cast------------------------------------------ 566
Total number ballots cast for the International Molders
Union of North America, Local No. 342, affiliated with
American Federation of Labor-- ------------------------- 126
Total number ballots cast for the Amalgamated Association
of Iron, Steel and Tin Workers of North America, Lodge
No. 2140, through Steel Workers Organizing Committee,
affiliated with Congress of Industrial Organizations -------_ 14
Total number votes cast for neither organization------------ 15
Total number of challenged ballots____ _____________________ 11
Total number of void bal lots_______________________________ 0
Total number of blank ballots ______________________________ 0
In the Decision and Direction of Elections above referred to, we
stated that upon the results of the elections would rest the determina-
tion of the unit or units appropriate for the purposes of collective
bargaining . The Board said : "In the event that a majority of the
employees voting in one of these groups choose the Amalgamated,
all employees within that group will be combined with employees
within any other groups which similarly choose the Amalgamated,,
to constitute a single unit for purposes of collective bargaining-
Thus, if the Amalgamated is accorded a majority on each of the
five ballots , there will be a single appropriate unit. Wherever at
ballot results in a majority for one of the unions other than the
Amalgamated, employees within the classifications covered by that
ballot will constitute a separate unit for the purposes of collective
bargaining."
Upon the entire record in the case , the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that each of the following five groups of employees, ex-
cluding supervisory and clerical employees,, employed by United
States Pipe & Foundry Company at its Bessemer, Alabama, plant,
constitutes a unit appropriate for the purposes of collective bargain-
ing, and that said units will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise will effectuate the policies of the Act :
(a) Machinists, apprentice machinists, toolmen, crane hookers,
blacksmith-shop employees, and the welders, apprentice welders, and
welders' helpers in the repairs, machinery, and equipment depart-
ment;
(b) Electricians;
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Boilermakers and boilermakers' helpers, and the welders,
apprentice welders, and welders' helpers in the boiler shop ;
(d) Pattern makers and pattern makers' apprentices; and
(e) All remaining production and maintenance employees.
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. Machinists, apprentice machinists, toolmen, crane hookers, black-
smith-shop employees, and the welders, apprentice welders, and
welders' helpers in the repairs, machinery, and equipment depart-
ment, employed by United States Pipe & Foundry Company at its
Bessemer, Alabama, plant, excluding supervisory and clerical em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
2. Electricians employed by United States Pipe & Foundry Com-
pany at its Bessemer, Alabama, plant, excluding supervisory and
clerical employees, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Boilermakers and boilermakers' helpers, and the welders, ap-
prentice welders, and welders' helpers in the boiler shop, employed
by United States Pipe & Foundry Company at its Bessemer, Ala-
bama, plant, excluding supervisory and clerical employees, consti-
tute a unit appropriate for the purposes of collective bargaining;
within the meaning of Section 9 (b) of the National Labor
Relations Act.
4. Pattern makers and pattern makers' apprentices employed by
United States Pipe & Foundry Company, at its Bessemer, Alabama,
plant, excluding supervisory and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
5. All remaining production and maintenance employees employed
by United States Pipe & Foundry Company at its Bessemer,. Ala-
bama, plant, excluding supervisory and clerical employees, constitute
unit appropriate 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 Re-
lations Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
UNITED STATES PIPE S, FOUNDRY COMPANY 675.
IT IS HEREBY CERTIFIED that International Association of Machinists
Lodge No. 359, has been designated and selected by a majority of
the machinists, apprentice machinists, toolmen, crane hookers, black-
smith-shop employees, and the welders, apprentice welders, and
welders' helpers in the repairs, machinery, and equipment depart-
ment, employed by United States Pipe & Foundry Company at its
Bessemer, Alabama, plant, excluding supervisory and clerical em-
ployees, as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, International
Association of Machinists, Lodge No. 359, is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment; and
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local No. 698, has been designated and selected by a ma-
jority of the electricians employed by United States Pipe & Foundry
Company at its Bessemer, Alabama, plant, excluding supervisory and
clerical employees, as their representative for the purposes of col-
lective bargaining and that, pursuant to Section 9 (a) of the Act,
International Brotherhood of Electrical Workers, Local No. 698, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that International Brotherhood of Boiler-
makers, Iron Ship Builders, Welders and Helpers of America, Local
No. 4, has been designated and selected by a majority of the boiler-
makers and boilermakers' helpers, and the welders, apprentice weld-
ers, and welders' helpers in the boiler shop, employed by United
States Pipe & Foundry Company at its Bessemer, Alabama, plant,
excluding supervisory and clerical employees as their representative
for the purposes of collective bargaining and that, pursuant to Sec-
tion 9 (a) of the Act, International Brotherhood of Boilermakers,
Iron Ship Builders, Welders and Helpers of America, Local No. 4,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that Pattern Makers Association of Bir-
mingham, Alabama, has been designated and selected by a majority of
the, pattern makers and pattern makers' apprentices employed by
United States Pipe & Foundry Company at its Bessemer, Alabama,
plant; excluding supervisory and clerical employees, as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to Section 9 (a) of the Act, Pattern Makers Association of Birming-
ham, Alabama, is the exclusive representative of all such employees
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment;
and
IT Is I-IEREBY CERTIFIED that Amalgamated Association of Iron,
Steel and Tin Workers of North America, Lodge No. 2140, through
Steel Workers Organizing Committee, has been designated and se-
lected by a majority of the remaining production and maintenance
employees employed by United States Pipe & Foundry Company at
its Bessemer, Alabama, plant, excluding supervisory and clerical
employees, as their representative for the purposes of collective
bargaining and that, pursuant to Section 9 (a) of the Act, Amalga-
mated Association of Iron, Steel and Tin Workers of North America,
Lodge No. 2140, through Steel Workers Organizing Committee, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.