J-M Service Corp.

National Labor Relations Board - Board Decisions

Jun 1, 1943

50 N.L.R.B. 26 (N.L.R.B. 1943)

In the Matter of J-M SERVICE CORPORATION and DISTRICT #50, UNITED
MINE WORKERS OF AME140A
Case No. R5349.-Decided June 1, 19/113 r
Mr. H. G. ' Gardner, of Parsons , Kans ., for the Company.
Mr. Henry Allai , of Pittsburgh , Kans ., for District 50.
Mr. F. J. Morris, of Parsons , Kans ., for the I. A. M.
Mr. David P. Easton , of counsel to the Board.
DECISION
AND
DIRECTION OF, ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District #50, United Mine Workers
of America, herein called District 50, alleging that a question affect-
ing commerce had arisen concerning the representation of eliiployees
of J-M Service Corporation, Parsons, Kansas, herein called the Com-
pany, the National Labor Relations Boards provided for an appro-
priate hearing upon due notice before Robert S. Fousek, Trial Ex-
aminer. Said hearing was held at Girard, Kansas, on May 14, 1943.
The Company, District 50, and International Association of Machin-
ists, affiliated with the American Federation of Labor, herein called
the I. A. M., appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. The Company and the I. A. M. filed briefs which
the Board has considered. I
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
J-M Service Corporation, a Delaware corporation, operates under'
contract with the United States Government upon a fixed fee basis
50 N L R. B, No. 7
26
.J-M SERVICE CORPORATION 27
the Kansas Ordnance Plant, herein called the Plant, an entirely gov-
ernment-owned industry located near Parsons, Kansas. The Plant is
engaged principally in loading various, types of explosive munitions.
The-major portion of the metals and explosives used by the Plant is
received by rail from points outside the State of Kansas; all finished
products of the Plant are delivered by the Company to the United
States Government. During the year 1942, the amount of metals and
explosives used by the Plant was valued in excess of $500,000, and
within the same period, the Value of the finished products totaled
more than $1,000,000. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
District #50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
International Association of Machinists is a labor organization af-
filiated with the American Federation of Labor, admitting to mem- '
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 22, 1943, District 50, requested recognition as
the exclusive bargaining representative of the production, mainten-
ance, storage, and transportation employees of the Company. This
recognition was denied by the Company until proof of a majority'rep-
resentation was presented by Board certification.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that District 50 represents a substantial number
of employees in the unit hereinafter found 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
In accordance with a stipulation of the parties, we find that all pro-
duction, engineering and maintenance, storage, and transportation
employees of the Company working in and about the Plant, but ex-
'The Field Examinei reported that District 50 submitted 1,516 designation cards con-
taining names appealing upon the Company s pay roll of March 6, 1943 This pay ion
contained 3,455 employees in the unit hereinafter , found appropriate.
The-Field Exannner further repotted that the I . A. M submitted 131 designation cards
and it petition containing 31 signatures as evidence of its interest in this proceeding.
Thirty-five employees signed designation cards for both the I. A. M. and District 50.
The Field Examiner made no report as to the apparent genuineness of the signatures
submitted by each labor organization , or the number of employees whose names appeared
on the cards and petition submitted by the I A . M, or upon the Company ' s pay roll
28 DECISIONS O'F NATIONAL ' LABOR RELATIONS BOARD
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eluding office and clerical employees, inspectors, supervisors, and em-
ployees for whom a' bargaining agent has been previously certified 2
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall, in accordance with our usual procedure, direct that the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
,unit. District 50 contends that eligibility to vote in the election
should be determined as of March 2, 1943, the date upon which it
,filed the petition herein, alleging that there has been a temporary
reduction in the- number of employees engaged at the plant. The
Company, however, states that this reduction is permanent and thus
far amounts to 26 percent; that it anticipates an additional reduction
of approximately 10 percent; and that these reductions are and will
be caused by orders from the United States Government.. In view
of the foregoing, we perceive no, reason for departing from our usual
practice. Accordingly, we shall direct that the election be held among
the employees who were employed during the pay-roll period-imme-
diately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.3
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 Relations 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.-
tives for the purpose of collective bargaining with J-M Service Corpo-
t
3 Collective bargaining agents have been previously certified for the following groups of
employees • ( a) firemen and firemen helpers employed in the Company ' s boiler houses ex-
clusive of supervisory employees ; ( b) employees in the train and/or yard service including
switch tenders but excluding yard masters or other operating officials; ( c), employees op-
erating steam , Diesel, electric , or other poweied locomotives , including mechanicians,
hostlers and hostler helpers ; ( d) electricians and electrical linemen of all classes in the
Company's maintenance department exclusive of foremen and supervisors ; ( e) millwrights,
sheet metal workers, welders in the millwright department , and all welders doing welding
pertaining to machinists ' work in said department ; (f) plumbers and steam fitters and
their helpers , all welders and their helpers doing welding work pertaining to steamfitting
and plumbing work; ( g) carpenters in the engineering and maintenance department; (h)
painters, paperhangers, and decorators working in the maintenance department.
3 The Company strongly urges that the election herein directed he conducted by mail
because of the fact that any interruption in production work might have serious effects,
.due to the character of the Plant and its products . In support of this argument , it cites
the fact that 10 consent elections have already been conducted in this manner The
I. A. M. has no objection to balloting by mail, but District 50 is seriously opposed thereto.
We deem it impractical to conduct an election among about 3,000 employees by-mail. We
are satisfied that the parties , in cooperation with the Regional Director, can arrange to
hold the election at such time and place, and in such manner as to obviate the dangers
envisaged by the Company. '
J-M SERVICE CORPORATION 29
ration, Parsons, Kansas, an election by secret ballot shall be conducted
as early 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 Seventeenth 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 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 during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who.present
themselves in person at the polls, but excluding those employees who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by District #50, United Mine
Workers of America, or by International Association of Machinists,
affiliated with the American Federation of Labor, for the, purposes of
collective bargaining, or by neither.
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