Federal Cartridge Corp.

National Labor Relations Board - Board Decisions

Mar 16, 1943

48 N.L.R.B. 92 (N.L.R.B. 1943)

In the Matter Of FEDERAL CARTRIDGE CORPORATION (TWIN CITIES ORD-
NANCE PLANT ) and AMERICAN FEDERATION OF LABOR, FEDERAL LABOR
UNION No. 23220
In the Matter of FEDERAL CARTRIDGE CORPORATION (TWIN CITIES ORD-
NANCE PLANT) and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIs-
TRICT LODGE No. 77, AFFILIATED WITH THE A. F. OF L.
Cases Nos. R-4883 and R-4884, respectively. Decided March 16, 1943
Jurisdiction : ordnance manufacturing industry.,
Investigation and Certification of Representatives : existence of question : refusal
'to accord either of competing unions recognition until certified by the Board ;
elections necessary.
Unit Appropriate for Collective Bargaining : single or separate units comprising,
respectively, (1) machinists and machinists' helpers; and (2) remaining pro-
duction and maintenance employees ; determination of dependent upon-sep-
arate elections.
Mr. George C. Stiles, of Minneapolis, Minn., for the Company.
Messrs. William F. Wright, Frank T. Starkey, and William D.
Gunn, of St. Paul, Minn., for the Federal Union.
Messrs. Fred Lutz, James Ashe, John H. Niles, Frank T. Starkey,
and William D. Gunn, of St. Paul, Minn., for the I. A. M.'
Helstein and Hall, by Messrs. Douglas Hall, T. Louis Majors, Sam
A. Swanson, and Simon Nelson, of Minneapolis, Minn., for the U. E.
Cllr. William C. Raisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by American Federation of Labor, Federal
Labor Union No. 23220, herein called the Federal Union, and Interna-
tional Association of Machinists, District Lodge No. 77, affiliated with
the A. F. of L., herein called the I. A. M., alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Federal Cartridge Corporation, Minneapolis, Minnesota,
at its Twin Cities Ordnance Plant, New Brighton, Minnesota, herein
48 N. L R. B., No. 19..
92
FEDERAL CARTRIDGE CORPORATION 93
called the Company, the National Labor Relations Board consolidated
the cases and provided. for an appropriate hearing upon due notice
before Stephen M. Reynolds, Trial Examiner. The hearing was held
at Minneapolis, Minnesota, on February 13, 1943. The Company, the
Federal Union, the I. A. M., and United Electrical, Radio and Ma-
chine Workers of America, Local No. 1.152, affiliated with the C. I. O.,
herein called the U. E., appeared, participated, and were afforded
full opportunity to be heard,-to-examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues. The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are'hereby affirmed. The I. A. M. and the U. E. filed briefs which
the Board has -considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Federal Cartridge Corporation is a Minnesota corporation engaged
in operating a Government-owned ordnance plant located near New
Brighton, Minnesota. At this plant, known as the Twin Cities Ord-
nance Plant, the Company manufactures ammunition for the United
States Government. In its manufacturing operations the Company
uses large amounts of raw materials (chiefly brass, chemicals, and
explosives), which are shipped to the plant from points outside the
State of Minnesota. All the ammunition manufactured by the Com-
pany goes to the United States Government to be used in the prosecu-
tion of the war.' The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
American Federation of Labor, Federal Labor Union No. 23220, is
a labor organization, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
International Association of Machinists, District Lodge No. 77, is
a labor organization, affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
United Electrical, Radio and Machine Workers of America, Local
No. 1152, is a labor organization, affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
1 Exact figures relating to the volume and value of raw materials , finished products,
and the number of persons employed at the plant were not disclosed for security reasons.
94 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
HI. THE QUESTIONS CONCERNING REPRESENTATION ,
On or about December 1, 1942, the Federal Union requested the Com-
pany to recognize it as the exclusive bargaining representative of em-
ployees of the Company in an alleged appropriate bargaining unit.
On or about December 15, 19,42, the I. A. M. notified the Company
that it represented a majority of the employees of the Company in
an alleged -appropriate bargaining unit, and requested ,recognition as
their bargaining representative. The Company refuses to recognize
either union unless and until it is certified by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Federal Union and thtel. A. M. each
represents a substantial number of-employees in the unit which each
alleges is appropriate.2
We find that questions affecting commerce have arisen concerning
the representation of the employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Federal Union requests a unit comprised of all production and
maintenance employees of the Company, excluding watchmen, guards,
supervisors above the rank of working foremen, executives, office
workers, firemen, oilers, stationary engineers, railway enginemen and
trainmen, truck drivers and helpers, building trades mechanics
employed on maintenance, outside window washers, confidential
employees, chemists and laboratory technicians, fire department em-
ployees, medical department employees, and machinists.
The I. A. M. seeks a unit comprised 'of all employees of the Company
engaged in any branch of the machinist trade, including employees
engaged as tool, die, fixture, and instrument makers, machinists,
machinists' helpers, mechanics who service and repair automobiles,
trucks, tractors, and other motive equipment and machinery, sub-
2 The report of the Regional Director states that the Federal Union submitted a certain
number of membership application cards bearing apparently genuine signatures , that a'
comparison-of the signatures with the Company's pay roll of January 16, 1943, shows
that 34 22 percent of the employees in the alleged appropriate unit had designated the
Federal Union as their bargaining representative The Regional Director 's report further
states that the U E submitted application -for-membership cards beating apparently gen-
uine signatures of 3.15 percent of the employees in the unit alleged appropriate-by the
Federal Union , and that all of the signatures appearing on said cards bear the names
of persons whose names appear on the Company's pay ioll of January 16, 1943.
The Regional Director's report states that the I A U submitted 438 authorization
cards, of which 389 bear apparently genuine signatures of persons in-the unit alleged
appropriate by the I. A. 111 , which includes the names of 959 persons on the Company's
pay roll of January 16, 1943 The Regional Director further states that the U. E sub-
mitted 17 application -for-membership cards bearing apparently genuine siguatures of
persons appearing on the Company's pay toll of Januaiy 16, 1943, which contains the
names of 959 persons in the unit alleged appropriate by the I. A. M.
FEDERAL CARTRIDGE CORPORATION 95
foremen (also designated as working foremen), leadmen, inspectors,
and locksmiths.
The U. E. contends that a plant-wide unit is appropriate. In the
main, the unit claimed by the U. E. would include all the employees
in each of the units claimed appropriate by the Federal Union and the
I. A. M.
The Company took no position with respect to the appropriate unit.
The Machinists. The -Company's plant consists of a number of
buildings which cover a large area of ground but are operated as a
single manufacturing unit. Each production building maintains a
separate macliine shop which handles minor repair work on the
machines housed therein. There is also one central or general machine
shop which is housed in a separate building and is under the super-
vision of the Company's maintenance department, as distinguished
from the machine shops in the production buildings, which are under
the supervision of the production maintenance department. Each pro-'
duction building machine shop, as well as the central machine shop,
has its own tool crib which employs from,six to nine tool clerks. The
I. A. M. claims that these tool clerks should be included in the craft
unit. The Company also employs machinists in its tool and die
division, which is located in a separate building. The L A. M. claims
these machinists. The Company maintains a garage pool, in which
there is a repair or maintenance shop employing several machinists
and automobile mechanics who perform repair work on the Company's
automobiles, trucks, tractors, and other motive equipment. The I. A.
M. would include these mechanics and machinists in its craft unit.
The I._ A. M. would also include in its craft unit the machinists
employed in the railroad repair shop of the Company. The Company
employs a number of inspectors in both the central machine shop and
the tool and die division, whom the I. A. M. claims. The duties and
functions of these inspectors require a knowledge of machine opera-
tions, and it appears that many of these employees have been promoted ,
to their present positions from the position of machinists. A group
of welders classified as sheet-metal workers, employed in the central
machine shop, are also claimed by the I. A. M.
Although the workers in the machine shops and the other machin-
ists claimed by the I. A. M: are employed throughout the plant and
are an integral part of the Company's entire operations, they never-
theless constitute a sufficiently homogeneous and identifiable group
to warrant establishing them as a separate unit. In view of these
facts, and since it appears that there has been no history of bargaining
upon an industrial basis, we are of the,opinion that the machinists
should be permitted to bargain as a separate unit if they so desire.
96, DECISIONS OF NATIiONAL LABOR RELATIONS BOARD
Working foremen, chief adjusters, and chief inspectors. Each
building in the plant is under the'direct supervision of a superintend-
ent. Under the superintendent are the general foremen and foremen.
Next in line in this supervisory hierarchy are the subforemen, or work-
ing foremen, who spend. approximately_70 percent of their time work-
ing with the men,who'm they supervise. The remaining.30, percent
of their time they spend in supervision. The unions agree that the
working foremen should be included in the respective units. • There
is a dispute, however, as to whether chief adjusters and chief in-
spectors should be included in the industrial unit. The U. E. would
exclude the chief adjusters and chief inspectors from the industrial
unit, while the Federal Union would include them. The Company
took no position with respect to the inclusion of any of these em-
ployees. In each production building there are a' number of chief
adjusters who supervise the work of adjusters, who in turn assist the
production machine operators. The duties, responsibility and au-
thority of the chief adjusters are similar to those of the working fore-
men. They do not have the authority. to hire or discharge employees
working under'them.' Since the chief 'adjusters and chief inspectors
exercise no greater supervisory powers than do the working foremen
'whom the unions agree to include, and since each of these groups is
engaged primarily in production work we shall include them in the
unit.
Employees presently covered by collective bargaining agreements.
The record discloses that there are several groups of employees of the
Company who are covered by'agreements between the Company and
other labor organizations. These agreements were executed on Feb-
ruary 11, 1943, prior to,the hearing. They cover (1) fire department
employees, who are represented by the International 'Association of
Fire Fighters; (2) truck drivers and helpers, who -are,represented'by
General Drivers Union, Local No. 120; and (3) stationary engineers,
who are represented by' International Union of Operating Engineers,
Locals 34 and 36. In addition to these three groups of employees, the
Company is negotiating a contract with the St. Paul and Minneapolis
Trades,and Labor Council, which is to cover all building and con-
struction trades employees of the Company. In accordance with the
stipulation. of the parties, we shall exclude the fire department em-
ployees, truck drivers and helpers, stationary engineers, and all
building and construction trades employees- of the , Company. It also'
appears that the Company employs 10 outside window washers who
have been represented by Building Service Employees Union, A. F.
of L., under an oral- agreement with the Company. ' The U. E. claims
that these 10 employees should be included in the industrial unit,
while the Federal Union would exclude them. Inasmuch as this
FEDERAL CARTRIDGE CORPORATION 97
group of employees appears to be presently represented by Building
Service Employees Union, A. F. of L., we shall exclude them.
CONCLIIDING FINDINGS
We-find that all machinists and machinists' helpers, employed by
the Company at its Twin Cities Ordnance Plant located near New
Brighton, Minnesota, including tool and die shop employees, auto-
motive mechanics, and locksmiths, but excluding office workers,
supervisors above the rank of working foremen, and all other em-
ployees, may properly constitute a separate unit or be included with
the other production and maintenance employees as part of a,larger
unit. We hold, therefore; that the desires of the employees involved
shall govern, and we shall direct that separate elections be held (1)
among all machinists and machinists' helpers employed by the Com-
pany at its Twin Cities Ordnance Plant located near, New Brighton,
Minnesota, including tool and die shop employees, automotive
mechanics, and locksmiths, but, excluding office workers, supervisors
above the rank of working foremen, and all other employees, to de-
termine whether they desire to be represented by' the I. A. M. or by
the U. E.; for the purposes of collective bargaining, or by neither;
and (2) among the remaining production and maintenance employees
employed by the Company at its Twin Cities Ordnance Plant located
near New Brighton, Minnesota, excluding machinists, machinists'
,helpers, tool and die shop employees, automotive mechanics, lock-
smiths, watchmen, guards, supervisors above the rank of working
foremen, executives, office workers, firemen, oilers, stationary, engi-
neers, railway enginemen and trainmen, truck drivers and helpers,
building trades mechanics employed on maintenance, outside window
washers, confidential -employees, chemists and laboratory technicians,
fire department employees, and medical department, employees, to
determine whether they desire to be represented by the Federal
Union or by the U. E., for the purposes of collective bargaining, or
by neither.
We shall accordingly direct that the questiQns concerning repre-
sentation which have arisen be resolved by means of elections by
secret ballot among the employees in the voting groups set forth
above who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein,3 subject to
the limitations and additions set forth iri the Direction.
Upon the-results, of these elections will depend, in part, the de-
termination of the appropriate unit or units. If a majority of the
s The I A. M. and the Federal Union request that eligibility be determined by the pay-roll
period immediately preceding the date of the notice of hearing. The U E. requests that
the Board 's normal practice be folloANed . Since no reason appears for selecting a different
date, we shall follow our normal practice.
98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees iii both-voting units select the U. E., they will 'constitute
a single industrial unit. Otherwise, they will constitute two separate
appropriate units.
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 Nationail 'L'abor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain the repre-
sentatives for the purposes of collective bargaining with Federal
Cartridge Corporation, Minneapolis, Minnesota, 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
Eighteenth Region, acting 'in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations, among the groups of employees "described
below who were employed by the Company at its Twin Cities Ord-
nance Plant located near New Brighton, Minnesota , during the pay-
roll period immediately preceding the date of this Direction, inchul-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present
themselves in person at the polls, but-excluding employees who have
since quit or been discharged for cause :
(1) All machinists and machinists' helpers; including tool and
die shop employees, automotive mechanics, and locksmiths, but ex-
cluding office workers, supervisors above the rank of working fore-
men, and all other erimp]oyees, to determine whether they desire to be . ,
represented by International Association of Machinists, District
Lodge No. 77, affiliated with the A. F. of L., or by United Electrical,
Radio and Machine Workers of America, Local No. 1152, affiliated
with the C. I. 0., for the purposes of collective- bargaining, or by
neither; and
(2) All production and maintenance employees, excluding
machinists, machinists' helpers, tool and die shop employees, auto- '
motive mechanics, locksmiths, watchmen, 'guards, supervisors above
the rank of working foremen, executives, office workers, firemen,
oilers, stationary engineers , railway enginemen and trainmen, truck
drivers and helpers, building trades mechanics employed on mainte-
FEDERAL CARTRIDGE, CORPIORAiTION $9
nance, outside window washers , confidential employees, chemists and
laboratory technicians , fire department employees , and medical de-
partment employees , to determine whether they desire to be repre-
sented by American Federation of Labor, Federal Labor Union No.
23220, or 'by United Electrical , Radio, and Machine Workers of
America, Local No. 1152, affiliated with the C. I. 0., for the purposes
of collective bargaining , or by neither.
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