Federal Cartridge Corp.

National Labor Relations Board - Board Decisions

Dec 12, 1952

101 N.L.R.B. 1037 (N.L.R.B. 1952)

FEDERAL CARTRIDGE CORPORATION 1037
FEDERAL CARTRIDGE CORPORATION (TWIN CITIES ARSENAL), and DIS-
TRICT LODGE 7 7 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS,
A. F. L., PETITIONER. Case No. 18-RC-1613. December 19, 1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Erwin A. Peterson,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel. [Members Houston, Murdock, Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. The Intervenor contends that the collective bargaining agree-
ment executed by the Employer and the Intervenor on May 14, 1951,
and extended by a supplementary agreement on July 31, 1952, prior
to the filing of the petition herein,2 is a bar to this proceeding. The
contract, however, contains the following union-security provisions :
Article III-Union Shop-All employees who have been em-
ployed thirty (30) days or longer shall become members of the
Union and remain members of the Union in good standing as a
condition of employment, as long as they are employed by the
Employer, and all new employees hired or transferred from any
other department into Lubrication department after thirty (30)
days of employment shall become members of the Union and
remain members of the Union as a condition of employment as
long as they are employed by the Company, during the life of
the agreement or until they have been discharged for cause; and
provided, however, that the Union shall advise the Employer of
employees who have failed to become members of the Union in
the required time set forth in this agreement or members that
become delinquent in dues. [Emphasis supplied.]
It is apparent from the above provision that the requirement under
Section 8 (a) (3) of a 30-day grace period for old employees not mem-
bers of the Union has not been allowed, and that in this respect the
contract exceeds the limited form of union security permitted by the
' International Brotherhood of Firemen and Oilers , heieln called the Intervenor, was
permitted to intervene on the basis of its contractual interest.
2 The petition was filed on August 1, 1952.
101 NLRB No. 172.
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act. For this reason we find that the Intervenor's contract, as sup-
plemented, is not a bar to this proceeding.a We, therefore, find that a
question affecting commerce exists concerning the representation of
employees of the Employer, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
4. The Employer is engaged in the manufacture of small arms am-
munition for the United States Government at its plant at New
Brighton, Minnesota . All parties have agreed that the appropriate
bargaining unit should consist of all oilers and greasers of production
machinery and equipment. They are in dispute with respect to the
supervisory status of the subforemen, shift foremen, and general
foreman.
The lubrication division includes approximately 96 greasers and
oilers, 3 shift foremen, and 11 subforemen. The classification of gen-
eral foreman is at present not filled, but since the Employer stated that
the job had not been abolished, and the previous general foreman was
in charge of the entire lubrication division, we find that this is a super-
visory position, and thus outside the bargaining unit.
There are three shift foremen, one for each building. Each has
control of three shifts, but all three work on the first or A shift.
However, they may remain after the shift ends to discuss changes of
materials or breakdowns, or to give instructions to the subforemen
of the B and C shifts. The shift foremen do not do the same work
as the shift men. They order supplies and make requisitions for
their shifts. In emergencies they permit employees to take time off
and have been delegated the authority from the superintendent of
lubrication to transfer employees whenever necessary. They observe
and pass on the qualifications of probationary employees on the A
shift. They have the authority to recommend demerits, issue warning
slips, and may keep men from working if they do not wear the re-
quired apparel. They attend regular meetings of supervisory
personnel.
The subforemen are also engaged only in supervision. Crews rang-
ing from 3 to 11 employees are assigned to them, and no superior
is present on the B and C shifts. Subforemen rate probationary em-
ployees and handle the first step of the grievance procedure. They
grant time off and write exit passes. They attend weekly meetings
of supervisory personnel.
In view of the above duties, it is the opinion of the Board that the
shift foremen and the subforemen are supervisors as defined in the
Act, and we shall exclude them from the unit.
i See Archer-Daniels -Midland Company, 97 NLRB (147 ; if. G. Martinelli d/b/a if. Mar-
tinelli & Company. 99 NLRB 43 ; American Coating Mills, Division of Owens Illinois Glass
Company, 97 NLRB 638.
LEAF BRANDS, INC. 1039
We find that all oilers and greasers of production machinery and
equipment at the Employer's plant at New Brighton, Minnesota, ex-
cluding all other employees, office and clerical employees, guards, the
general foreman, shift foreman, subforemen, and other supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
LEAF BRANDS, INC. and DOROTHY Z. MCCONVILLE . Case No. 13-CA-
920. Decem&er 12, 1952
Decision and Order
On July 28, 1952, Trial Examiner John H. Eadie issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondent had not engaged in the unfair labor practices alleged in
the complaint, and recommending that the complaint be dismissed
in its entirety, as set forth in the copy of the Intermediate Report
attached hereto. Thereafter, the General Counsel and the charging
party, with Chicago Joint Board, Retail, Wholesale & Department
Store Employees Union, CIO,' hereinafter called the Union, filed
exceptions to the Intermediate Report and supporting briefs, and
the Respondent filed a brief supporting the report.
The Board 2 has reviewed the rulings of the Trial Examiner and
finds that no prejudicial error was committed. The rulings are
hereby affirmed. The Board has considered the Intermediate Report,
the exceptions and briefs, and the entire record in the case, and hereby
adopts the findings, conclusions, and recommendation of the Trial
Examiner with the modifications noted below.'
Order
IT IS HEREBY ORDERED that the complaint herein against Leaf
Brands, Inc., be, and it hereby is, dismissed.
I Otherwise known in the record as Chicago Joint Board, Retail , Wholesale , and Depart-
ment Store Union, CIO
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three-member panel
[ Chairman Herzog and Members Styles and Peterson].
8 The Trial Examiner inadvertently found that the Union was on the ballot in the
elections held among the Respondent 's employees in Case No . 13-RC-1650 Our records
disclose that Local 15 of Retail , Wholesale & Department Store Employees Union, Bakery
and Confectionery Workers, CIO , and not the Union as such , participated in the elections.
101 NLRB No. 166.