American Locomotive Co.

National Labor Relations Board - Board Decisions

Dec 9, 1942

45 N.L.R.B. 1239 (N.L.R.B. 1942)

In the Matter of AMERICAN LOCOMOTIVE COMPANY and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. R-4480.-Decided December 9,1942
Jurisdiction : refining equipment and gun parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: , dis-
pute as to appropriate unit ; elections necessary.
Unit Appropriate for Collective Bargaining : elections directed among (1) crane-
men and (2) production and maintenance employees to determine appropriate
unit, when it was found cranemen could function either as part of an indus-
trial unit or separately.
Mr. John L. Farrell, of New York City, for the Company.
Mr. Edward D. Flaherty, of Buffalo, N. Y., for the C. I. O.
Mr. Anthony Johnson, of Dunkirk, N. Y., for the. Club and the
Association.
Mr. Leo J. Halloran, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
• STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. I. 0.,
herein called the C. I. 0., alleging that a question affecting commerce
had arisen concerning the representation of employees of American
Locomotive Company, Dunkirk, New York, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Francis V. Cole, Trial Examiner. Said
hearing was held at Dunkirk, New York, on October 29, 1942. The
Company, the C.I.O., the Alco Cranemen's Club, herein called the
Club and Independent Employees Association of Brooks plant, herein
called the Association, appeared, participated, and were given 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.
Upon the entire record in the case, the Board makes the following:
45 N. L. R. B., No. 170.'
1239
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American 1Locomotive Company, a New York corporation with a
place of business at Dunkirk, New York, is engaged in the manufacture
of refining equipment and gun carriages. During the year preceding
September 30, 1942, the Company used at the Dunkirk plant, raw
materials to the aproximate value of $12,000,000, of which 95 percent
represented shipments from points outside the State of New York.
During the same period the Company manufactured finished products
to the approximate value of $15,000,000, of which approximately 95
percent represented shipments to points outside the State of New York.
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.
IT. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Alco Cranemen's Club, unaffiliated, is a,labor organization admitting
to membership employees of the Company.
Independent Employees Association of Brooks plant, unaffiliated, is
a labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
Although the record does not disclose a specific request by the C. I. O.
to be recognized as the exclusive representative of the Company's
employees here-involved, it appears that -a question concerning'repre-'
sentation exists by reason of the conflicting contentions of the labor
organizations respecting the appropriate unit.
A statement of the Regional Director, introduced in evidence at
the hearing, and other'evidence in the record, indicate that the C. I. 0.,
the Club, and the Association''each represents a substantial number
of employees of the Company in the unit claimed by each to be appro-
priate.'
I The Regional Director s statement shows that the C ' I' O. submitted 650 membership
cards , of which 630 appeared to bear genuine original signatures . Four hundred-and
seventy of these signatures ale the names of persons whose names ' appear on the Company's
paw roll of October 8, 1942 It was testified at the hearing that the Association has about
930 members , over 700 of whom are "good members" entitled to the "benefits of the,
organization ." The president of the Club testified that 'all cranemen, numbering about 77,
were members of the Club. There aie approximately 1,711 employees in the unit claimed by
the C. I. 0 , 1,634 in the Association 's proposed unit , and 77 in the unit urged by the Club.
AMERICAN LOCOMOTIVE COMPANY 1241
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 DETERMINATION OF REPRESENTATIVES
Except with respect to cranemen , the parties are in agreement that
all production and maintenance employees of the Company at the
Dunkirk plant , excluding executives , foremen, assistant foremen, su-
pervisors ( but not working gang leaders ), guards , timekeepers, main
office employees , salaried employees , nurses, ' and the engineer of tests
and his assistant , constitute an appropriate unit. The C. I. O. contends
that cranemen should be included in the industrial unit, whereas the
Club and the Association urge that they be established as a separate
unit. The Company took no position as to this question.
The cranemen , of whom there are about 77, are assigned to the
repair and maintenance department. They operate cranes in the
plant and in the yards , which are used in moving heavy materials.
During slack periods, when there ' is insufficient work for the crane-
men in operating the cranes, it has been the Company 's practice to
assign them to performing other , work of a general nature in the
plant. The work of cranemen requires a considerable amount of
skill.
On March 17 , 1941, the Club entered into a contract with the Com-
pany, which provides that it shall be effective for 1 year and ."there-
after until either party . . . shall give the other 30 days' written
notice of its desire to terminate or modify ." By the terms of the
contract the Club is recognized as the representative of employees
who are members thereof. The Steel Workers Organizing Com-
mittee, the predecessor of the petitioner herein , on June 25, 1941,
entered into a contract with . the Company covering all welders of
the Company . This contract by its terms is to remain in full force
and effect for,1 year from its date and thereafter until either party
shall give the other 30 days' written notice of its desire to terminate
or modify the same. The, Company also has a contract with the
Association ; entered into on May 12, 1941 , effective for a period of
1 year and thereafter subject to 30 days ' notice of , desire to terminate
or modify . This contract also is for members only.
The foregoing facts indicate that, with respect to the Dunkirk
plant, , no labor , organization has been recognized as the exclusive
representative of the employees in an industrial u nit. Under these
circumstances , and since it appears that cranemen may function
either, as ;part of the general unit of production and maintenance
employees or as a separate group, we shall withhold a determination
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the appropriate unit or units pending the results of the elections
which we shall , direct. We shall direct two elections, one among
cranemen to determine whether they desire to be represented by the
Club, the C. I. 0., the Association, or none of these organizations;
the second among the production and maintenance employees, ex-
cluding cranemen, to determine if they desire to be represented by
the C. I. 0., the Association, or by neither. Upon the results of
these elections will depend in part our determination of the appro-
priate unit or units. If the cranemen select the Club, or an organi-
zation other than that selected by the employees in the other voting
group, they will constitute a separate appropriate unit; if they select
the same representative as the production and maintenance em-
ployees, they will become a part of the general production and
maintenance unit.
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the groups'
of employees indicated in the Direction of Elections hereinafter, who
were employed during the pay-roll period immediately preceding
the date of the Direction of Elections, 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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with American-
Locomotive Company, Dunkirk, New York; elections by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction of Elections, under the direction
and supervision of the Regional Director for the Third Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, of said Rules and Regulations,
among those employees of American Locomotive Company in its
Dunkirk, New York, plant, who fall within the two groups described
below, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding employees who have
since quit or been discharged for cause :
AMERICAN LOCOMOTIVES COMPANY 1243
1. All cranemen, excluding supervisors, to determine whether they
desire to be represented by United Steelworkers of America, affiliated
with the Congress of Industrial Organizations, by Independent Em-
ployees Association of Brooks plant, or by Alco Cranemen's Club,
for the purposes of collective bargaining, or by none;
2. All production and maintenance employees, excluding execu-
tives, foremen, assistant foremen, supervisors (but not working gang
leaders), guards, timekeepers, main office employees, salaried em-
ployees, nurses, cranemen, and the engineer of tests and his assistant,
to determine whether they desire to be represented by United Steel-
workers of America, affiliated with the Congress of Industrial Or-
ganizations, or by Independent Employees Association©'of Brooks
plant, for, the purposes of collective bargaining, or by neither.