Enterprise Wheel & Car Corp.

National Labor Relations Board - Board Decisions

Mar 17, 1945

60 N.L.R.B. 1305 (N.L.R.B. 1945)

In the Matter of ENTERPRISE WHEEL & CAR CORPORATION and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.
Case No. 5-R-1787.-Decided March 17, 1945
Mr. Leonard R. Hall, of Bristol , Va., for the Company.
Mr. K. W . Lutz, of Bristol , Va., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Enterprise Wheel & Car Corporation, Bristol, Virginia, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before James D. Shalloo, Trial
Examiner. Said hearing was held at Bristol, Virginia, on January 31,
1945. 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 :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Enterprise Wheel & Car Corporation is a Virginia corporation with
its plant at Bristol, Virginia, where it is engaged in the manufacture
of mine cars, truck trailers, and ship parts. The Company purchases
raw materials valued at about $1,000,000 annually, approximately 95
percent of which is shipped to it from points outside the Common-
wealth of Virginia. During the same period the Company sells prod-
60 N. L. R. B., No. 224.
1305
1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ucts valued at about $2,000,000, approximately 90 percent of which is
shipped to points outside the Commonwealth of Virginia.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization -
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the watchmen and guards em-
ployed by it.
Evidence introduced at the hearing indicates that the Union repre-
sents a substantial number of employees in the unit hereinafter found
to be appropriate.'
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
On April 21, 1943, the Board certified the Union as the exclusive
collective bargaining representative of all production and mainte-
nance employees of the Company, excluding office, clerical, technical,
and supervisory employees. Since then, the Company has recognized
the Union by contract as the exclusive collective bargaining repre-
sentative of all such employees, excluding also from the unit watchmen
and guards. The Union now seeks to enlarge the scope of its present
contractual unit by adding thereto all guards and watchmen. The
Company opposes this contention.
The Company employs five watchmen and guards who are armed
and deputized by the city of Bristol, Virginia. The Union and the
Company stipulated at the hearing that the watchmen and guards
perform "monitorial duties." In view of our customary policy of
excluding deputized guards and watchmen from units of production
and maintenance employees, we shall not add them to the present
bargaining unit in the instant proceeding. However, inasmuch as
the Union has made a preliminary showing that it represents a sub-
stantial number of them, we shall set up a separate unit composed of
the guards and watchmen.
i The Union introduced into evidence an authorization statement signed by four of the
employees in the unit hereinafter found to be appropriate . There were five employees in
the appropriate unit. -
ENTERPRISE WHEEL & CAR CORPORATION 1307
We find that all guards and watchmen employed by the Company,
excluding supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
-appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Enterprise Wheel
& Car Corporation, Bristol, Virginia, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fifth 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 unit 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 any who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether or not they desire to be represented by International
Association of Machinists, affiliated with the A. F. of L., for the pur-
poses of collective bargaining.