Atlas Powder Co.

National Labor Relations Board - Board Decisions

May 20, 1942

41 N.L.R.B. 127 (N.L.R.B. 1942)

In the Matter of ATLAS POWDER COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN &
HELPERS OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FED-
ERATION OF LABOR
In the Matter of ATLAS POWDER COMPANY and BROTHERHOOD OF
RAILROAD TRAINMEN, UNAFFILIATED
In the Matter of ATLAS POWDER COMPANY and HOTEL & RESTAURANT
EMPLOYEES' & BARTENDERS' INTERNATIONAL ALLIANCE, LOCAL #118,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of ATLAS POWDER COMPANY and BROTHERHOOD OF
PAINTERS, PAPERHANGERS & DECORATORS OF AMERICA, AFFILIATED,
WITH THE AMERICAN FEDERATION OF LABOR
Cases Nos. R-5698 to R 3700, Inolusirve, Respectively, and R-3705.-
Decided May 20,1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : Questions Concerning Repre-
sentation: existence of questions : refusal to accord recognition to four peti-
tioning organizations until they are certified by the Board ; previous consent
card checks conducted by the Regional Director, subsequent bargaining nego-
tiations based thereon, and existing contracts, held not to constitute a bar
to a determination at the present time, because of the rapid and continuing
increase in the number of employees and the terminable nature of the con-
tracts-Resolving the Questions: elections necessary ; labor organization
allowed on ballot even though it made no showing of representation in the
particular unit, since an election is ordered in such unit and the organization
made a showing of representation in the broader unit for which it contended ;
new petitions will be entertained at any time following the issuance of certifi-
cations in this proceeding, provided the Board is satisfied, under all the cir-
cumstances then shown, that a question concerning representation affecting
commerce has arisen.
Units Appropriate for Collective Bargaining : (1) all chauffeurs, bus drivers,
truck drivers, greasers, washers, and auto railer truck drivers; (2) all yard
conductors, brakemen, switch tenders, and block station attendants, engaged
in switch tending, excluding general yardmasters, yardmasters, and assistant
yardmasters; (3) all yardmasters and assistant yardmasters, excluding gen-
eral yardmasters; (4) all first cooks, swing cooks, butchers, second cooks,
fry cooks, salad men, vegetable cooks, yard men, salad women, pot washers,
counter men, counter girls, bus girls, bus boys, dish washers, tray washers,.
cleaning women, maids, porters, cashiers, bartenders, and stockroom men,
excluding executive, office, clerical, and supervisory employees; and (5) ally
painters, sign painters, and glaziers, in the maintenance department.
41 N. L. R. B, No 29.
127
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mr. Ramey Donovan, for the Board.
Mr. J. A. Laughlin, for the Company.
Mr. Jesse Gallagher, of Cleveland, Ohio, Mr. Paul Lavoe, Jr., of
Akron, Ohio, and Mr. Homer E. Harris, of, Kent, Ohio, for the
Teamsters.
'Mr. T. C. D ethlo ff, of Akron, Ohio, for the Alliance, the Machinists,
and the Teamsters.
Mr. D. Lyle Mahan, of Akron, Ohio, for the Machinists..
Mr. C. E. Raleigh and Ruth Raleigh, of Akron, ' Ohio, for the
Alliance.
Mr. Stanley Denlinger and Mr. John C. Donald, of Akron, Ohio, for
the Mine Workers.
Mr. Charles. S. Culver, of Ravenna, Ohio, for the Arsenal Workers.
Mr. J. A. Zanger, of Chicago, Ill., for the Trainmen.
Mr. S. C. Phillips, of Cleveland, Ohio, for the Firemen.
Mr.' R. H. Phillips, of Cleveland, Ohio, for the Operating En-
gineers.
Mr. William - T. Hawkins, of Kent,. Ohio; and Mr. William F.
Shultz, of Cleveland, Ohio, for the Painters.
Mr. Charles Coakwell, of Cleveland, Ohio, for the A. F. of L.
Mr. W. A. Fleete, of Cleveland, Ohio, for the Switchmen.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TI-IF CASE '
Upon- petitions duly filed by International Brotherhood of Team-
sters, Chauffeurs; Warehousemen &Helpers of North America, affili-
ated with the' American Federation of Labor, herein called the
Teamsters,'- Hotel & Restaurant Employees' & Bartenders' Inter-
national Alliance,- Local $ 118, affiliated with the American Federa-'
tion.of Labor, herein called the Alliance, Brotherhood of Railroad
Trainmen, unaffiliated, herein called the Trainmen, and Brotherhood
of Painters, Paperhangers & Decorators of America, affiliated with
the American Federation of Labor, herein called the Painters, alleg-
ing that • questions affecting commerce had arisen concerning the
representation of employees of Atlas' Powder Company, Ravenna,
' Each of the labor organizations , as well as the Company , were referred to in the
record and in certain of the formal papers by appellations differing slightly from those
employed heroin We have adopted the designations set forth in the record in the stipu-
lations regarding labor organizations and the business of the Company , and have changed
the captions in the cases to conform with such designations
ATLAS POWDER COMPANY 129
Ohio, herein called the Company,- the National Labor, Relations
Board, herein called the Board, provided for an appropriate hearing
upon due notice before Earl S. Bellman, Trial Examiner. Said hear-
ing was held at Ravenna, Ohio, on April 1, 3, and 4, 1942. The Com-
pany; the Teamsters; the Alliance; the Trainmen; the Painters;
International Association of Machinists, affiliated with the American
Federation of Labor, herein called the Machinists; Brotherhood of
Locomotive Firemen and Enginemen, unaffiliated; herein called the
Firemen; Switchmen's Union of North America, affiliated with the
American Federation of Labor, herein called the Switchmen; Na-
tional Arsenal Workers of America, unaffiliated, herein called the
Arsenal Workers; District 50, United Mine Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the Mine Workers; International Union of Operating Engineers,
affiliated with the American Federation of Labor, herein called the
Operating Engineers; and American Federation of Labor, herein
called the A. F. of L., 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 Ex-
aminer's rulings made- at the hearing are free from prejudicial
errors and are hereby affirmed. Briefs, which the Board has con-
sidered, were filed by the Firemen, the Mine Workers, the Machinists,
and the Alliance. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT-
I. THE BUSINESS OF TILE COMPANY
Atlas Powder Company is a Delaware corporation engaged in oper-
ating a shell and bomb-loading plant at Ravenna, Ohio. The plant
covers more that 25,000 acres and has more than 1,000 buildings.
The principal materials used in the plant are shell and bomb casings,
of which more than 50 percent come from outside the State of Ohio.
All the finished products, which consist of loaded bombs and shells
valued at more than 1 million dollars per month, are shipped outside
the State of Ohio. The Company does not contest the jurisdiction
of the Board.
II. TIIE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of North America; International Association of
Machinists; Switchmen's Union of North America; Hotel & Restau-
rant Employees' & Bartenders' International Alliance, Local #118;
4,V,81)2-42-% of 41--9
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Union of Operating Enginees; and Brotherhood of
Painters, Paperhangers & Decorators of America, are all labor organ-
izations affiliated with the American Federation of Labor.
District 50, United Mine Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations.
Brotherhood of Locomotive Firemen and Enginemen, Brotherhood
of Railroad Trainmen, and National Arsenal Workers of America,
are unaffiliated labor organizations.
Each of the above organizations, admits to membership employees
of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
Each of the four petitioning organizations demanded that it be
recognized as the exclusive representative of certain employees. The
Company refused the requests because of the earlier proceedings set
forth below.
In August 1941 the Company took possession of most of the plant
facilities from the construction company, and commenced operations
with approximately 500 employees. At the time of the hearing there
were approximately 10,000 employees, with new employees being
hired at the rate of "several hundred" weekly. Every employee of
the construction company, like every new employee, had to file an
employment application with Atlas Powder Company. While there
was no direct transfer of personnel, many employees of the construc-
tion company were rehired by Atlas Powder Company.
Upon a petition filed jointly by the Firemen, the Machinists, the
Switchmen, and the Arsenal Workers,2 on August 27, 1941, an agree-
Inent for a consent pay-roll check was reached, the agreement stating
that the following employees constituted the appropriate unit :
All production, maintenance and transportation employees .. .
including laborers, miscellaneous employees and leaders, but ex-
cluding guards, clerical and office employees, stationary engineers,
stationary firemen and oilers, stationary firemen's helpers and all
salaried employees in a supervisory or confidential capacity.'
The consent check, as reported by the Regional Director on Septem-
ber 6, 1941, showed 317 employees in the above unit on September 3,
1941, of whom 163 had designated the 4 jointly petitioning organiza-
2 Case No. VIII-R-587
6(1) Case No R-3698: The teamsters presented signed authorization cards dated from
hood of Firemen and Oilers herein called the Oilers, attended a conference on the
petition. The Trainmen withdrew, stating that they had no evidence of representation
among the employees As a result of the intervention of the Operating Engineers and
the Oilers, the stationary engineers , stationary firemen and oilers, and stationary fire-
men's helpers were excluded from the stipulated unit.
ATLAS POWDER COMPANY 131
tions as their representatives. On September 8, 1941, the Trainmen
filed objections to the Regional Director's report, and on September
20, 1941, the Regional Director overruled the objections.
On or about December 13, 1941, the four organizations signed
separate identical- copies - of a contract with the Company, the con-
tract stating that it shall be modified or terminated at any time upon
a certification by the Board that any organization other than the
four has been designated as the bargaining agent.
On September 13, 1941, the Operating Engineers and the Oilers
jointly filed a petition,4 and on September 30, 1941, an agreement
was reached for ti consent pay-roll check, the unit being, "all station-
ary engineers, stationary , firemen and oilers, stationary firemen's
helpers." The consent check, as reported by the Regional Director
on October 4, 1941, showed 13 employees in the above unit on Sep-
tember 30, 1941, of whom 11 had designated the 2 jointly petitioning
organizations as their representatives. Thereafter the Company
negotiated with representatives of the 2 organizations jointly, and
in December 1941, a tentative agreement was reached which has not
yet been signed by both parties, although it has been operative as to
certain matters.
In view of the-rapid and continuing increase in the' number of
employees in the plant and the terminable nature of the contracts,'we
do not consider the consent-card checks, the subsequent negotiations,
or the contracts as a bar to a determination at the present time of
the questions concerning representation.
The evidence shows that each of the four petitioning-organizations
and certain of the intervening' organizations represent substantial
numbers of employees' in the respective units hereinafter found to
be appropriate .5
* Case No VIII-R-600
5 (1) Case No R-3698: The Teamsters presented signed authorization cards dated from
December 1941 through March 1942 together with other evidence , tending to show that
it repsesents,allotal of 87 employees on the March 27 , 1942 pay , roll of the Company
in the unit hereinafter found to be appropriate . The Arsenal workers presented signed
application and authorization cards 'and petitions , dated from August 1941 through
March 1942 , together with certain dues records, tending to show that- is represents
a- total of 125 employees on the March 27, 1942 , pay roll of the Company in said unit.
The 'March 27 . 1942 „pay roll shows a total of 266 employees in said unit
(2) Case No R-3899 . The Trainmen presented 81 signed authorisation cards, largely
dated in March 1942 and the Switchmen presented 56 signed authorization cards
largely dated in Pebiuary and March 1942, with the names of employees on the
March , 27, 1942, pay roll of the Company in the larger unit ( excluding yardinasters
and assistant_yaidmasters) hereinafter found to be appropriate The Maich 27, 1942,
pay roll shows it total of 110 employees in said unit
The Trainmen also piesented 5 signed authorization cards dated in March 1942 with the
names of employees on the March 27, 1942, pay roll of the Company in the unit of
yai dmastei s and assistant yaidmastei s hereinafter found to be appropriate The March
27, 1942, pay roll shows a total of 6 employees in said unit
(3) Case No R-3?00 The Alliance presented 91 index cards showing dues , initiation,
and reinstatement tees last paid from October 1941 to May 1942 by 91 employees on
132 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
A. Case No. B-3698
The Teamsters contends that the chauffeurs, bus drivers, truck
drivers, greasers, washers, and auto railer truck drivers of the Com-
pany constitute a unit appropriate for the purposes of collective
bargaining. The Arsenal Workers and the Mine Workers, the only
other organizations claiming to represent any of the employees in-
volved, claim that the requested unit is not appropriate and that the
employees in question are part of the residual, semi-industrial units
which they respectively claim to be appropriate. The Company
takes no position on the unit.
The unit requested includes the approximately 256 drivers in the
transportation department and the 10 in the maintenance department.
At the time of the hearing there were no greasers or washers, this
work being done by -mechanics' helpers when necessary, but there is
some prospect that greasers and washers may be employed in the
future. The auto railer truck drivers operate trucks which run
largely on roads, but run part of the time on railroad tracks, on a
set of auxiliary wheels 6 '
Since September 1941 the Asenal Workers has bargained for the
employees in question, and the wage rates for such employees, as set
forth in the contract of December 13, 1941, were negotiated by the
Arsenal Workers. However, as stated above, from the terms of said
contract and because of the rapid expansion of the plant, we do not
consider the previous card check or contract a bar to a present
redetermination of the unit question. Because of the nature of their
duties, and from all the circumstances in the case, we find that all
chauffeurs, bus drivers, truck drivers, greasers, washers, and auto
the March 27, 1942 , pay roll of the Company in the unit hereinafter found to be
appropriate . Said pay roll shows a total of 156 employees in the unit
(4) Case No. R.-3705 : The Painters presented signed application cards dated in March
1942 , with the names of all 27 employees on the March 27 , 1942 , pay roll of the Company
in the unit hereinafter found to be appropriate
(5) Certain of the other intervening organizations presented similar evidence tending
to show that they represent employees in the respective units which they claim to be
appropriate However , in view of the fact that we are not determining said unit claims .
in this proceeding , in the absence of petitions embracing the employees not covered by
the above petitions , we shall not set forth this evidence in detail
6In the plant there are also "auto railer locomotives " which differ from "auto railer
trucks" only in that they run on the tracks more than on the roads and, like regular
locomotives , they can pull other cars The men who operate the auto railer locomotives
are not included in the above-requested unit
ATLAS POWDER COMPANY 133
railer truck drivers constitute a unit appropriate for the-purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
B. Case No. R-3699
The Trainmen contends that the yard conductors, brakemen, switch
tenders, block station attendants, yardmasters, and assistant- yard-
masters, engaged in switch tending,, constitute an appropriate unit.
The Switchmen agrees that the above-alleged unit is appropriate
except for the yardmasters and assistant yardmasters, whom it wants
excluded. The Company takes no position on the unit except to urge
the exclusion of yardmasters from any appropriate unit on the ground
that they are a part of- management, being supervisory employees,
No other organization claims to represent any employees in the above-
requested unit. The Trainmen requests that the Board find than the
yardmen and assistant yardmen together constitute a separate, ap-
propriate unit, in the event that the Board excludes these employees
from the unit requested by the Trainmen.
On the Company's pay roll for March 27,, 1942, there were two
general yardmasters, six yardmasters, and no. assistant yardmasters.
All parties agree that the two general yardmasters should be excluded
from any appropriate unit since they are admittedly supervisory
employees. The yardmasters, under the direction of the general yard-
masters, have charge of certain assigned sections of railroad and
yard, of the men employed in the trainyard and engine service, of
the movement of trains, and of the distribution of cars. They are
paid a salary, like general yardmasters, rather than an hourly rate,
like other employees. In most cases the yardmasters have been pro-
moted from the ranks of the trainmen or switchmen and, according
to the practice of the Trainmen, they retain their right to return to
the switching service without loss of seniority. We find that the
yardmasters and assistant yardmasters are minor supervisory em-
ployees and should be excluded from the unit requested. They should
be allowed to exercise their right to self-organization in a separate
unit.
We find that all yard conductors, brakemen, switch tenders, and
block station attendants, engaged in switch tending, excluding gen-
eral yardmasters, yardmasters, and assistant yardmasters, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act. We_find that all yard-
masters and assistant yardmasters, excluding general yardmasters,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
C. Case No., R-3700 -
The Alliance contends that the following employees, whether hourly
paid or salaried, constitute an appropriate unit : first cooks, swing
cooks, butchers, second cooks, fry cooks, salad men, vegetable cooks,
yard men, salad women, pot washers, counter men, counter girls, bus
girls, bus boys, dish washers, tray washers, cleaning women, maids,
porters, cashiers, bartenders, and stockroom men, excluding executive,
office, and clerical employees, but including supervisors who "were
formerly in the Union" and who still earn their livelihood through
the handling of food. The Arsenal Workers and the Mine Workers,
the only other organizations claiming to represent the employees in
question, both contend that these employees do not constitute a
separate appropriate unit, but instead are part of the residual, semi-
industrial units which they respectively claim to be appropriate.
The construction company operated a cafeteria, two dining rooms,
a recreation room, five -men's dormitories, and a women's dormitory.
On or about January 15, 1942, Atlas Powder Company took over
these facilities and is now operating them together with a new cafe-
teria; a private dining room, and a dining room for restaurant em-
ployees. Employees were, not automatically transferred from the
construction company's pay roll to that of Atlas Powder Company
but instead, as set forth above, each employee had to file a new appli-
cation. The Arsenal Workers claims that the employees in the above-
,requested unit are part of the semi-industrial unit for which the
Arsenal Workers has bargained in the past, on the ground that under
the consent card check of September 1941, the contract of December
13, 1941, and subsequent negotiations, the Arsenal Workers was the
representative of all production, maintenance, and transportation em=
ployees with certain- specified exceptions. • However, it is clear from
the record that there were no employees in the above-requested unit
on the pay roll of Atlas Powder Company until about January 15,
1942, and the Arsenal Workers admits that it has never bargained
for the specific categories of employees in the above-requested unit.
The employees in question constitute a clearly defined group not di-
rectly connected with production or maintenance, and with no previous
organizational or bargaining history making them a part of ari
industrial unit.
With regard to supervisory employees whose inclusion is requested
by the Alliance, they shall be excluded in accordance with our.usual
practice of excluding supervisors from a unit of nonsupervisory
employees.
We find that all first cooks, swing cooks, butchers, second cooks,
fry cooks, salad men, vegetable cooks, yard men, salad women, pot
washers, counter men, counter girls, bus girls, bus boys, dish washers,
ATLAS POWDER COMPANY ,135 '
tray washers , cleaning women, maids, porters , cashiers , bartenders,
and stockroom men, excluding executive , office, clerical , and super-
visory employees , constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
D. Case No. B-3705
The Painters contends that the painters, sign painters, and glaziers
constitute an appropriate unit. _ The Mine Workers, the only other
organization claiming to represent these employees, contends that they
do not constitute, a separate appropriate unit, but instead are part
of the residual, semi-industrial unit which the Mine Workers contends
is appropriate.
The above-requested unit consists of the painters who operate out
of the maintenance shop, painting signs, buildings, and equipment,
whether by brush or by mechanical devices. It does not include
-production employees who paint or stencil bombs, shells, and boxes.
The Machinists claims to have been the representative of the em-
ployees in question as a result of the consent card check in September
1941, but the Machinists does not claim to represent any of these
employees at the present time. Most of,the painters were still on the
construction company's pay roll until a recent unspecified date, and no
organization has' bargained with Atlas Powder Company in their
behalf.
We find that all painters, sign painters, and glaziers in the mainte-
nance department of the Company constitute a unit appropriate fo`r
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act. -
E. Other requested units
The Operating Engineers, the Firemen, the Arsenal Workers, the
Machinists, aild the Mine Workers each respectively requests that the
Board find as appropriate a unit consisting entirely or largely of
employees not included in any of the four petitions. Their con-
tentions have been discussed- above only insofar as they involve the
employees included in the petitions. We shall neither consider nor
resolve their unit contentions with respect to other employees, in view
of the fact that no petitions are pending in this proceeding involving
such employees. - '
V. THE DETERMINATION OF REPRESENTATIVES
A. In general
As set forth above, at the time of the hearing the Company
employed approximately 10,000 persons, with new employees being
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hired at the rate of "several hundred" per week. The Mine Workers
contends that no election should be held until July 1942, when the
Company's employment is expected to be at its peak. We do not
believe that because the Company intends to expand its working
staff the employees now working at the plant should be deprived of
their right at the present time to bargain collectively as provided in
the Act. We shall accordingly proceed with an immediate determina-
tion of representatives in the units found above to be appropriate.
In one respect, however, we shall, in view of the circumstances
herein presented, modify our usual practice. Ordinarily we refuse,
for administrative reasons, to entertain a petition for investigation
and certification of representatives within a year after we have issued
a certification. We shall not adhere to our usual 1-year rule in the
case of this plant, however. We shall, instead, entertain a new peti-
tion or petitions at any time following the issuance of a certification
or certifications in this proceeding, provided we are satisfied, under
all the circumstances then shown, that a question concerning repre-
sentation affecting commerce has arisen.7
B. Case No. R-3698
The Teamsters and the Company request that an election be held.
The Arsenal Workers requests that it be certified on the basis of the
record, without an election. Both organizations desire that eligibility
to vote be determined by reference to the Company's "current" pay
roll. The Mine Workers, the only other organization claiming to
represent any of the employees here involved, does not desire to
participate in the election. We find that the question concerning rep-
resentation which has arisen can best be resolved by an election by
secret ballot. We shall direct that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction.
C. Case No. R-3699
Both the Trainmen and the Switchmen request that they be certi-
fied on the basis of the record, without an election. Both desire that
if an election is directed, eligibility to vote be determined by reference
' Among the circumstances necessary to satisfy us that such a question has arisen,
proof that there has been a substantial increase in the number of employees at the
plant in the unit then requested as appropriate, together with proof that the petitioner
represents a substantial number of employees in such unit , will be relevant. -
A similar procedure was followed in Matter of Westinghouse Electric £ Manufacturing
Company and International Association of Machinists , Local 804, A. F of L, 38 N. L. R B.
404, and in Matter of South Portland Shipbuilding Corporation and Independent Union of
Shipyard Workers of South Portland, 39 N. L. R B 485
ATLAS POWDER COMPANY 1.37
to 'the'Company's pay roll at the time of the election, The Company
requests 'that an election be held. Because of the conflicting claims
regarding representation, we find that the question 'concerning repre-
sentation which has arisen can best be resolved by an election by :secret
ballot. We shall direct that The employees of the Company 'eligible
to vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions set forth in the Direction.
We have found in Section IV B, above, that the yardmasters and
assistant yardmasters constitute a -separate appropriate unit. The
Switchmen states that it does not desire to be on the ballot if a sep-
arate election is ordered in this unit. Accordingly, the yardmasters
and assistant yardmasters will vote to determine whether or not they
wish to be represented by the Trainmen.
D. Case No. 8-3700
The Alliance and the Arsenal Workers each request that it be
certified on the basis of the record. The Company requests that an
election be held. We find that the question, concerning representation
which has arisen can best be resolved by an election by secret ballot.
The Alliance desires that eligibility to vote be determined by refer-
ence to the Company's pay roll of February 12, 1942, whereas the
Arsenal Workers suggests that a current pay roll -be used. There
were 187 employees in the appropriate unit on February 12, 1942,
and 156 on March 27, 1942. The record contains no explanation for
the decrease. We see no reason for departing from our usual practice,
and accordingly we shall direct that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction.
The Arsenal Workers requests that it be placed on the ballot in
the event that the Board directs an election in this unit. -Inasmuch
as an election is to be held and since the' Arsenal Workers made a
showing of representation in the broader unit for which it contended,
we shall accord it a place on the ballot. We shall not place the Mine
Workers on the ballot in this group since that organization does not
wish to participate in an election.
E. Case No.-R-3705
The Painters requests that it be certified on the basis of the record,
but requests that if the Board direct an election, eligibility to vote
should be determined by reference to the Company's pay roll at the
138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
time of the election. ^ The Company requests that an election be held.
The Mine Workers, the only other organization claiming to represent
any of the employees, does not desire, to participate in . the election.
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall direct
that the employees of the Company eligible to vote in the election shall
be those in the appropriate unit 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 Re-
lations Act , and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Atlas Powder Company, Ravenna, Ohio, elections by secret
ballot shall be conducted as soon 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 Eighth 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 :
1. All chauffeurs , bus drivers , truck drivers , greasers , washers, and
auto railer truck drivers of the Company 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 ex-
cluding any who have since quit or ' been discharged for cause, to
determine whether they desire to be represented by International
Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers
of North America, affiliated with the American Federation of Labor,
or by National Arsenal Workers of America , for the purposes of
collective bargaining , or by neither;
2. All yard conductors , brakemen , switch tenders , and block station
attendants of the Company , engaged in switch tending , 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
ATLAS POWDER COMPANI 139
laid off, but excluding general yardmasters , yardmasters, assistant
yardmasters , and employees who have since quit or been discharged
for cause , to determine whether they - desire to be represented by
Brotherhood of Railroad Trainmen , or by Switchmen 's Union of
North America, affiliated with the American Federation of Labor, for
the purposes of collective bargaining , or by neither;
3. All yardmasters and assistant yardmasters of the Company 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 general yardmasters and employees who have
since quit or been discharged for cause , to determine whether or not
they desire to be represented by Brotherhood of Railroad Trainmen,
for the purposes of collective bargaining;
4. All first cooks , swing cooks , butchers , second cooks , fry cooks,
salad men , vegetable cooks , yard men, salad women , pot washers,
'counter men , counter girls , bus girls , bus boys, dish washers, tray
washers, cleaning women, maids , porters, cashiers , bartenders, and
stockroom men who were employed during the pay-roll period im-
mediately 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 executive, office,
clerical , and supervisory employees , and employees who have since
quit or been discharged for cause , to determine whether they desire
to be represented by Hotel & Restaurant Employees ' & Bartenders'
International Alliance Local #118, affiliated with the American
Federation of Labor, or by National Arsenal Workers of America,
for the purposes of collective bargaining , or by neither;
5. All painters , sign painters , and glaziers in the maintenance de-
partment of the Company 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
any who have since quit or been discharged for cause , to determine
whether or not they desire to be represented by the Brotherhood of
Painters , Paperhangers & Decorators of America , affiliated with the
American Federation of Labor, for the purposes of collective
bargaining.