Sloss Sheffield Steel & Iron Co.

National Labor Relations Board - Board Decisions

Sep 15, 1939

15 N.L.R.B. 283 (N.L.R.B. 1939)

In the Matter of Sloss SHEFFIELD STEEL & IRON COMPANY and
BROTHERHOOD of RAILROAD TRAINMEN
In -the •Matter, of SLOBS SIrEFFiELD- STEEL- & IRON COMPANY and
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENOINEMEN
Cases Nos. R-1302 and R-1303, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 15, 1939
On August 5, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled case.', On August 17; 1939, the National Labor Rela-
tions Board issued an Order and Amendment to Direction of Elec-
tions.2 As amended, the Direction of Elections provided that separate
elections by secret ballot be conducted (1) among the conductors,
flagmen, brakemen, switchmen, and yard foremen of the Sloss Shef-
field Steel & Iron Company, Birmingham, Alabama, engaged in the
operation of an interplant railroad known as the Mary Lee, whose
names were listed in an appendix attached to said Decision and
Direction of Elections, including those hired since the date of the
hearing, but excluding those who have since quit or been discharged
for cause, to determine whether or not said employees desire to be
represented by the Brotherhood of Railroad Trainmen for the pur-
poses of collective bargaining and (2) among the engineers, firemen,
and hostlers of the Sloss. Sheffield Steel & Iron Company, Birming-
ham, Alabama, engaged in the.operation of the Mary Lee, whose
names were listed in an appendix, to '• said :Decision and Direction of
Elections, including those hired since the date of hearing, but ex-
cluding those who have since quit or been discharged for cause, to
determine whether or not said employees desire to be represented by
the Brotherhood of Locomotive Firemen & Enginemen for the
purposes of. collective bargaining.
114 N. L. R. B. 186.
2 14 N . L. R. B. 195.
'15 N. L. R. B., No. 36.
283
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Direction of Elections as amended, elections by
secret ballot were conducted on August 16, 1939, under the direction
and supervision of the Regional Director for the Tenth Region
(Atlanta, Georgia). On August 19, 1939, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, issued and duly served upon
the parties the Election Reports on the elections. No objections to
the conduct of the ballot or to the Election Reports have been filed
by any of the parties.
As to the results of the secret ballots, the Regional Director
reported as follows :
1. Conductors, flagmen, brakemen, switchmen , and yard foremen.
Total number of employees eligible to vote___________________ 14
Total number of ballots cast_______________________________ 13
Total number of blank ballots _______________________________ 0
Total number of void ballots_______________________________ 0
Total number of challenged ballots ___________________________ 0
Total number of ballots cast for Brotherhood of Railroad Train-
men------------------------------------------------------ 12
Total number of ballots cast against Brotherhood, of Railroad
Trainmen------------------------------------------------- 1
2. Engineers , firemen, and hostlers.
Total number of employees eligible to vote_____ _____________ 14
Total number of ballots cast _________________________________ 14
Total number of blank ballots_______________________________ 0
Total number of void ballots --________________________________ 0
Total number of challenged ballots________ _________________ 0
Total number of ballots cast for Brotherhood of Locomotive
Firemen and Enginemen __________________________________ 11
Total number of ballots cast against Brotherhood of Loco-
motive Firemen and Enginemen___________________________ 3
In the Decision and Direction of Elections previously referred to,
the Board stated that upon the results of the election would depend
in part the determination of the appropriate units for the purposes
of collective bargaining. The Board stated therein: "If a majority
of the conductors, flagmen, brakemen, switchmen, and yard foremen
cast their votes for the B. R. T., we shall hold that the conductors,
flagmen , brakemen, switchmen, and yard foremen constitute a sep-
arate appropriate unit and we shall certify the B. R. T. as the ex-
clusive representative thereof. * * * Similarly, if. a majority of
the engineers, firemen, and hostlers cast their votes for the B. L. F.
& E., we shall hold that the engineers, firemen, and hostlers constitute
a separate appropriate unit and we shall certify the B. L. F. & E. as
the exclusive representative thereof."
SLOSS SHEFFIELD STEEL & IRON COMPANY 285
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that the conductors, flagmen, ' brakemen, switchmen, and
yard foremen of the Sloss Sheffield Steel & Iron Company, Birming-
ham, Alabama, engaged in the operation of the Mary Lee, constitute
a unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargain-
ing and otherwise effectuate the policies of the Act.
We find that the engineers, firemen, and hostlers of the Sloss Shef-
field Steel & Iron Company, Birmingham, Alabama, engaged in the
operation of the Mary Lee, constitute a unit appropriate for the
purposes of collective 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.
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 conductors, flagmen, brakemen, switchmen, and yard fore-
men of the Sloss Sheffield Steel & Iron Company, Birmingham, Ala-
bama, engaged in the operation of the Mary Lee, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. The engineers, firemen, and hostlers of the Sloss Sheffield Steel &
Iron Company, Birmingham, Alabama, engaged in the operation of
the Mary Lee, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
CERTIFICATION 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations- Series 2,
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen
has been designated and selected by a majority of all the conductors,
flagmen, brakemen, switchmen, and yard foremen of the Sloss Shef-
field Steel & Iron Company, Birmingham, Alabama, engaged in the
operation of the Mary Lee, as their representative for the purposes of
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining, and that pursuant to Section 9 (a) of the Act,
Brotherhood of Railroad Trainmen 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.
IT is HEREBY CERTIFIED that Brotherhood of Locomotive Firemen
and Enginemen has been designated and selected by a majority of all
the engineers, firemen, and hostlers of the Sloss Sheffield Steel & Iron
Company, Birmingham, Alabama, engaged in the operation of the
Mary Lee, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, Brotherhood
of Locomotive Firemen and Enginemen is the exclusive representa-
tive 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.