Woodward Iron Company

National Labor Relations Board - Board Decisions

Jul 17, 1939

13 N.L.R.B. 624 (N.L.R.B. 1939)

In the Matter Of WOODWARD IRON COMPANY and LIPSCOMB RED ORE
LOCAL UNION No. 103 OF THE INTERNATIONAL UNION OF MINE, MILL,
AND SMELTER WORKERS
Case No. B-1370.-Decided July 17, 1939
Mining and Smelting Industries-Investigation of Representatives,: contro-
versy concerning representation of employees : majority status disputed by
employer ; rival organizations-Unit Appropriate for Collective Bargaining:
maintenance and production employees , including "contractors" and clerical
'employees in the mines , but excluding supervisory employees and office clerical
employees ; stipulation as to-Bleotion Ordered
Mr. Alexander E. Wilson, Jr., Mr. Arthur C. O'Connor, and Mr.
Clarence Musser, for the Board.
Bradley, Baldwin, All cC White, by Mr. E. L. All, of Birmingham,
Ala., for the Company.
Mr. J. A. Lipscomb, Mr. Van D. Jones, Mr. J. L. Robinson, Mr.
Oliver Johnson, Mr. Edward E. Capps, Mr. G. B. Colwell, Mr. C. C.
Hawkins, Mr. John Crumpton, Mr. Fred Cargile, Mr. John White,
Mr. James Jones, and Mr. Will Rancher, of Bessemer, Ala., for Local
No. 103.
Mr. Edwin Brobston, of Bessemer , Ala., for the I. U. M. M. S. W.
Mr. S. E. Roper and Mr. J. L. Busby, of Birmingham, Ala., for the
A. F. of L.
Mr. N. Barr Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 24, 1939, Lipscomb Red Ore Local Union No. 103 of
the International Union of Mine, Mill, and Smelter Workers, affili-
ated with the Congress of Industrial Organizations, herein called
Local No. 103, filed a petition with the Regional Director for the
Tenth Region (Atlanta, Georgia) alleging that a question affecting
commerce had arisen concerning the representation of employees of
Woodward Iron Company, Woodward, Alabama, herein called the
13 N. L. R. B., No. 71.
624
WOODWARD IRON COMPANY 625
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On April 4, 1939, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, ordered an investigation and authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon due
notice.
On April 11, 1939, the Regional Director issued a notice of hearing
and on April 15, 1939, an amended notice of hearing, copies of both
of which were served upon the Company, Local No. 103, Progressive
Mine Workers of America, and the American Federation of Labor.
Pursuant to the notices, a hearing was held from May 1 to May 5,
1939, at Birmingham, Alabama, before E. G. Smith, the Trial Exam-
iner duly designated by the Board. At the hearing a petition to
intervene in the proceedings was filed by the American Federation of
Labor, herein called the Intervenor, which petition was granted by
the Trial Examiner. The Board, the Company, Local No. 103, and
the Intervenor were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing upon the issues was
afforded all parties. During the course of the hearing the Trial
Examiner ruled on various motions and on objections to the admis-
sion of evidence. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed. A motion by the Intervenor that the
Board employ a handwriting expert to make a comparison of signa-
tures of employees on the Company's pay roll with signatures on a
petition designating Local No. 103 as exclusive bargaining agent of
said employees was reserved by the Trial Examiner for decision by
the Board. The motion is hereby denied. Both Local No. 103 and the
Intervenor have filed briefs which have been given due consideration
by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY 1
The Company, a Delaware corporation, is engaged in the mining
of coal and iron, the smelting of iron, and the sale and distribution
of the resulting pig iron. Its main office is at Woodward, Alabama,
1 These findings are based on a stipulation of facts.
626 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and the plant of the Red Ore Division is located in and around
Woodward.
The chief raw materials used are coal and iron ore, both of
which are produced by the Company at its various mines near Wood-
ward. Raw materials of minor importance are limestone, which is
purchased in Birmingham, Alabama, and manganese, which is
shipped from Cuba.
The value of the products sold by the Company during the period
from September 1, 1938, to February 1, 1939, was in excess of $2,000,-
000. Approximately 53.74 per cent of the products are sold in the
State of Alabama; most of the remainder to customers in Tennessee,
Missouri, Illinois, Iowa, and Ohio.
During a normal period approximately 620 employees are on the
pay roll of the Red Ore Division, 40 of whom act in supervisory and
clerical capacities, the remainder as production and maintenance
employees.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill, and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership all workers in all types of mines except coal
mines. Lipscomb Red Ore Local No. 103 admits to membership all
employees of the Company's Red Ore Division, including "contrac-
tors" and clerical workers, except superintendents, general superin-
tendents, and other executives who have the right to hire and
discharge.
Red Ore Miners' Union No. 21971 is a labor organization affiliated
with the American Federation of Labor. Although it is not entirely
clear from the record, it apparently admits to membership the same
group of employees as are eligible for membership in Local No. 103
and has approximately 80 members among the Company's employees.
III. THE QUESTION CONCERNING REPRESEN7iATION
Since 1934 the Company has bargained with the representatives of
Local No. 103 and has entered into contracts governing the wages,
hours and working conditions of the members of Local No. 103 in its
employ. Two or three weeks prior to March 10, 1939, Local No. 103
proposed to the Company a supplemental agreement which would
have modified the existing contract covering wages, hours, and work-
ing conditions. There was opposition to certain terms in the proposed
supplemental agreement, especially among the so-called "contrac-
tors." 2 On or about March 10, 1939, Local No. 103, claiming that 385
2 " Contractors" are employees who are In charge of crews of miners and are paid
according to the tonnage of ore their crews produce.
WOODWARD IRON COMPANY 627
of the Company's 580 employees were members, requested the Com-
pany to deal with it as the exclusive bargaining agent of all produc-
tion and maintenance employees in the Red Ore Division except
supervisory and clerical forces. The Company, believing there was
some doubt about whether a majority of its employees in the proposed
unit were members of Local No. 103, refused to bargain on that basis
until the Local was certified by the Board.
About the same time the "contractors" in the employ of the Com-
pany, numbering about 40, some of whom were members of Local No.
103, and certain other employees organized Red Ore Miners' Union
No. 21971, hereinafter called the Miners' Union, and received a charter
from the Washington, D. C. office of the American Federation of
Labor. Neither the charter nor the constitution and bylaws of this
organization was offered in evidence, but its president testified that
it has been formally organized and that meetings have been held.
None of the witnesses for the Miners' Union was able to state the
number of its members, but one witness believed most of the 40
"contractors" had joined and about as many other employees. On
this basis it can be estimated that the Miners' Union may have ap-
proximately 80 members among the employees of the Company. The
motion filed by the Intervenor states that to the best of its knowledge
and belief a majority of the Company's employees in the appropriate
unit desire the American Federation of Labor to act as the exclusive
bargaining agent.
We find that a question has arisen concerning the representation of
employees of the Company in its Red Ore Division.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find the question concerning representation which has arisen,.
occurring in connection with the operations of the Company, de-
scribed in Section I above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated that the appropriate unit should consist
of all maintenance and production employees who are located in the
Company's Red Ore Division including "contractors" and clerical
employees in the mines, but excluding supervisory employees and
office clerical employees.
The unit above described is appropriate. We find that all mainte-
nance and production employees who are located in the Company's
628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Red Ore Division including "contractors" and clerical employees in
the mines, but excluding supervisory employees and office clerical
employees, constitute a unit appropriate for the purposes of collec-
tive bargaining 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.
VI. TIIE DETERMINATION OF REPRESENTATIVES
It was stipulated by the parties that employees in the appropriate
unit who were on the pay roll of the Company for April 15, 1939,
should be eligible to participate in the determination of representa-
tives. This pay roll contains the names of 584 employees in the ap-
propriate unit. Local No. 103 requests certification as the sole bar-
gaining agent of the Company's employees in the appropriate unit
without the holding of an election. In proof of its majority Local
No. 103 introduced a list of members in good standing, of whom some
260 were on the pay roll of April 15, and a petition and cards allegedly
signed by 411 persons, of whom 402 were on the pay roll of April 15.
The Miners' Union challenged the validity of most of the signatures
on the petitions and cards and further alleged that, if valid, the signa-
tures were obtained by coercion. Under the circumstances we believe
that the question of representation can best be resolved through an
election by secret ballot, and we shall so direct.3
We shall direct that all employees within the appropriate unit who
were on the Company's pay roll for the pay-roll period ending April
15, 1939, including employees who did not work during such pay-roll
period because they were ill or on vacation, but excluding any who
have since quit or been discharged for cause, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record of the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees in the Red Ore Division of the Woodward
Iron Company, Woodward, Alabama, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All maintenance and production employees who are located in
the Company's Red Ore Division including "contractors" and clerical
employees in the mines, but excluding supervisory employees and
office clerical employees, constitute a unit appropriate for the pur-
8 See Matter of Cudahy Packing Company and United Packinghouse Workers of America,
Local No. 21, of the Packinghouse Workers Organizing Committee, 13 N. L R. B. 526.
WOODWARD IRON COMPANY 629
poses of collective bargaining, 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, it-
is hereby
DIREOTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
the Woodward Iron Company, Woodward, Alabama, an election
by secret ballot shall be conducted within fifteen (15) 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 mainte-
nance and production employees who are located in the Company's
Red Ore Division including "contractors" and clerical employees in
the mines, who were employed during the pay-roll period ending
April 15, 1939, including employees who did not work during such
pay-roll period because they were ill or on vacation, but excluding
supervisory employees and office clerical employees, and employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by Lipscomb Red Ore Local Union No.
103 of the International Union of Mine, Mill, and Smelter Workers,
affiliated with the Congress of Industrial Organizations, or by Red
Ore Miners' Union No. 21971, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.
187930-39-vol. 13-41