American Bantam Car Co.

National Labor Relations Board - Board Decisions

Sep 13, 1943

52 N.L.R.B. 574 (N.L.R.B. 1943)

In the Matter of AMERICAN BANTAM CAR COMPANY and - UNITED
AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (C. I. 0.)
Cases Nos. R-5740 and R-5741 respectively.Decided September 13,
1943
Thorpe, Bostwick, Reed & Armstrong, by Mr. Kenneth G. Jackson,
of Pittsburgh, Pa., and Mr. Zeno F. Henninger, of Butler, Pa., for
the Company.
Maurice Sugar and N. L. Smokier, by Mr. N. L. Smokier, of Detroit,
Mich., and Mr. Harry G. Delin, of New Castle, Pa., for the Union.
Miss Frances Lopinsky, of'counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon two petitions duly filed by United Automobile, Aircraft and
Agricultural Implement Workers of America (C. I. 0.), herein called
the Union, alleging that questions affecting commerce had arisen
concerning the representation of employees of American Bantam Car
Company, Butler, Pennsylvania, herein called the Company, the
National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before Henry Shore, Trial Ex-
aminer. Said hearing was held at Butler, Pennsylvania, on July 23,
1943. The Company and the Union 'appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
,examine witnesses, and to introduce evidence bearing 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:
1 All facts were stipulated.
52 N. L. R. B., No. 96.
574
AMERICAN BANTAM CAR COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
575
The Company is a Pennsylvania corporation engaged in the manu-
facture of various parts for aerial torpedoes, amphibian trailers and.
bomb pedal assemblies. In 1949, purchases of materials by the Com-
pany for use at its plant at Butler, Pennsylvania, consisted princi-
pally of steel, copper, bronze and brass of a value in excess of $2,000,000,
75 percent of which came from outside the Commonwealth of Penn-
sylvania. For the same period, the value of the finished products of
the Company was in excess of $2,000,000, approximately 100 percent
of which was sold and shipped to points outside the Commonwealth of
Pennsylvania.
For the purpose of this proceeding, the Company admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers
of America is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. TIlE QUESTIONS CONCERNING REPRESENTATION
On or before May 24, 1943, the Union by letter requested recognition
as exclusive bargaining representative for the Company's maintenance
and production employees, excluding executive, supervisory, clerical
and plant-protection employees, which request the Company denied.
On June 29, 1943, the Union filed a petition requesting certification
as representative for the Company's plant-protection employees. On
July 2, 1943, the Union made formal request upon the Company for
Iecognition is representative of its plant-protection employees and
the Company denied this request.
A statement of the -Trial Examiner made at the hearing indicates
that the Union represents a substantial number of the Company's em-
ployees in each of the units herein found appropriate.2 '
We find that questions affecting commerce have 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.
4 There are 901 names on the Company's maintenance-production pay roll for July 21,
1943. The Union submitted to the Trial Examiner 268 cards bearing apparently genuine
original signatures, all corresponding with names appearing on said pay roll. There are
23 names on the Company's plant-protection pay roll for July 21, 1943. The Union sub-
mitted to the Trial Examiner 19 cards bearing apparently genuine original signatm es, all,
corresponding with names appearing on the plant-protection pay toll.
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNITS
In substantial accord with the stipulation of the parties, we find
that all production and maintenance employees at the Company's
Butler, Pennsylvania, plant, including leadmen but excluding execu-
tive, technical, clerical and plant-protection employees and all super-
visory employees having authority to hire, promote, discharge, disci-
pline or otherwise effect changes in the status of employees or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
The Union requests a separate unit of plant-protection employees,
exclusive of chief of police, lieutenants and sergeants, to be represented
by the same local as the maintenance and production employees.
These plant-protection employees have the duties usual to plant-pro-
tection employees in other plants. They 'are all auxiliaries of the
military police, are armed and uniformed. They are employed by
the Company and their working conditions are regulated by the Com-
pany. The Company objects to the organization of its plant-protec-
tion employees on the ground that they are supervisory and confiden-
tial employees and that their militarization is incompatible with
unionization. Although we believe that their status is ample reason
to exclude them from a unit comprised of other employees, it is no
basis for depriving them of the benefits of the Act. In accordance
with our settled policy respecting employees in this category we find
that all plant-protection employees of the Company at its Butler,
Pennsylvania, plant, excluding the chief, the lieutenants and the
sergeant constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
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
s See Matter of Drava Corporation, 52 N. L. R B 322; Matter of Firestone Tire c6
Rubber Co. o f Calsfornia, 50 N. L. R. B. 679; Matter of Aluminum Co. of America, 50
N L. R B 233; Matter of Chrysler Corporation of America, 44 N L R. B. 881.
AMERICAN BANTAM CAR COMPANY 577
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Bantam
Car Company, Butler, Pennsylvania, elections 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 Sixth 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
the employees in the units found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing said pay-roll- period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
cause, to determine with respect to the employees in each unit, whether
or not they desire to be represented by United Automobile, Aircraft
and Agricultural Implement Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
CHAIRMAN MILus took no part in the consideration of the above
Decision and Direction of Elections.