McQuay-Norris Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 7, 1942

45 N.L.R.B. 443 (N.L.R.B. 1942)

In the Matter Of MCQUAY-NORRIS MANUFACTURING COMPANY, ORD-
NANCE -MANAGEMENT DIVISION and 'INTERNATIONAL UNION, . UNITED
AIITOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, LOCAL 986 , C. I. O.
Case No. R-4354.Decided November7, 1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal, to recognize any union until certified by Board; elections necessary.
Unit Appropriate for Collective Bargaining : determination of single or separate
- units dependent upon elections conducted -among: (1) machine repairmen,
(2) electricians, and (3) production and maintenance employees, with proper
exclusions from each group.
Mr. A. J. Mwmert, of St. Louis, Mo., for the Company.
Mr. Victor B. Harris, of St. Louis, Mo., for the C. I. O.
Mr. John K. Barr, o^ St. Louis, Mo., for the A. F. of L. and affiliated
unions.
Mr. Larry Connors, of St. Louis, Mo., for the I. A. M.
Mr. H. B. Koenig, of St. Louis, Mo., for the I. B. E. W.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, Local'
986, C. I. 0., herein called the C. I. 0., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of McQuay-Norris Manufacturing Company, Ordnance Management
Division, St. Louis, Missouri, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Charles K. Hackler, Trial Examiner. Said hearing
was held at St. Louis, Missouri, on October 5, 1942. The Company,
the C. I. 0., the American Federation of Labor, herein called the
A. F. of L., International Association of Machinists, District 9, herein
called the I. A. M., and Local No. 1, International Brotherhood of
45 N. L. R. B., No. 67., -
44311
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Electrical Workers, herein called the I. B. E. W., appeared, partici-
pated, 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. On October 20, 1942,
the C. I. O. filed a brief which the Board has considered.
Upon,the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
McQuay-Norris Manufacturing Company is a Delaware corpora-
tion engaged in the manufacture and sale of automotive parts. it
has plants located in Indianapolis; Connersville, and East Conners-
ville, Indiana, and in St. Louis, Missouri. The plant involved
herein is Plant 3 of the St. Louis Ordnance Works, which manu-
factures armour piercing projectiles. The principal raw material
used at this plant is tooled' steel, about 150 tons of which are used
each day and all of which is shipped to the Company from outside
the State of Missouri. Substantially all of the finished products
of the Company are shipped outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local 986, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
The American Federation of Labor, and International Associa-
tion of Machinists, District 9, and Local 1, International Brother-
hood of Electrical Workers, both affiliated with the American Feder-
ation of Labor, are labor organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 23, 19421 the C. I. O. informed the Company of its claim
to represent employees in the St. Louis Ordnance Works and re-
quested recognition. On July 27, 1942, the A. F. of L. notified the
Company that it and- its affiliated unions claimed to represent em-
ployees and demanded bargaining rights. On August 21, 1942,
representatives of the Company and the C. 1. 0. met and the Company
stated that it would not recognize the C.I.O. until- it had been
certified.
McQUAY-NORRIS MANUFACTURING COMPANY 445
A- statement of the Trial Examiner at the hearing indicates that
the C: I. 0., the A. F. of L., the I. A. M., and the I. B. E. W.- each
represents a substantial number of employees in the unit each alleges
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; THE DETERMINATION OF REPRESENTATIVES
The C. I. 0 requests a unit consisting of all production and mainte-
nance employees of Plant 3, excluding foremen, assistant foremen,
office help, supervisors, and plant-protection employees. The I. A. M.
desires a unit of all machine repairmen and their helpers, including
assistant foremen. The I. B. E. W. claims a unit of plant electricians,
including assistant foremen. The A. F. of L. -asserts that the re-
maining employees, not claimed by its affiliates, constitute an appro-
priate unit and also desires the inclusion of assistant foremen. The
Company took no position with respect to the unit, and the record
shows no history of collective bargaining.
The manufacturing process at Plant 3 consists of unloading steel
from cars, which is done by material handlers, testing and sampling
of the steel by the metallurgic laboratory; rough screw machine oper-
ations, which are automatic ; heat treatment, which consists of loading
cores into hoppers and washing them, putting them into furnaces
which -automatically drop the cores into oil after they are heated, and
taking the cores out of the oil and putting them into cleaners; passing
cores through grinding machines, an automatic operation performed
on centerless grinders; automatic cleaning; inspection; packing and
loading by material handlers. In addition to the employees engaged
in the duties outlined above, there are also listed on the Company's pay
roll machine repairmen, plant maintenance and repair employees,
plant electricians, tool grinders, janitors, and cafeteria employees. -
The machine repairmen whom the I. A. M. seeks to represent per-'
form general repair work on screw machines, electric furnaces, cen-
terless grinders, and other machines. They range from experts to
semi-skilled employees and receive 10 to 20 cents an hour more wages
than screw machine operators. Some tool makers are included among
them. The machine repairmen are required to work throughout the
1 The C. I. 0 submitted 1511 cards , all bearing apparently genuine original signatures
A spot check of two -thirds of the cards showed that there would be 1089 persons, whose
names appeared on the cards and on the Company ' s pay roll for September 19, 1942, which
lists 3450 employee`s.
The A . F. of L submitted 272 cards , 164 of which bore names on the pay roll of Sep-
tember 19, 1942. The I A. M submitted 70 cards. The I B E W. relies upon 5 cards
designating the A. F. of L.
446 . DECISIONS-'OF :NATIONAL LABOR RELATIONS BOARD
plant-when the occasion arises. They' are distinguished from other
skilled maintenance employees in the plant principally by the fact that
they work on the machines themselves whereas maintenance and
repairmen fix pipes, valves, and other auxiliary attachments of the
machines. • The' machine repairmen are under the supervision of a
tool supervisor who is also in charge of the tool grinders. It thus
appears that •the- machine -repairmen could properly function as a
separate bargaining unit or as part of a plant-wide unit. We shall
direct that an election be held to determine the desires of the machine
repairmen.
There are 20•electricians in the.plant who perform electrical work
exclusively. They are under the supervision of the general main-
tenance supervisor, as are other maintenance employees, but also are
supervised by the plant electrician. Upon the basis of the entire
record, it appears that they might properly function as a separate unit
or as part of an industrial unit. We shall, therefore, direct that their
desires as to the unit be ascertained by means of a separate election.
Thel. A. M., the I. B. E. W., and the A. F. of L. desire the inclusion
of assistant foremen. Apparently the employees intended to be in-
cluded are those designated in the record as "group leaders" among
the machine repairmen and the electricians. These individuals work
with other employees and also direct them, are paid on an hourly basis,
as are other employees, but usually receive higher rates, and, although
they have no authority to hire, discharge or recommend, report prog-
ress and quality of work. There is no showing as to the number of
such employees, nor their distribution in other departments of the
plant. We find that the assistant foremen should be excluded from
the proposed units.
Having found that the machine repairmen 'and. electricians may
function either as separate units or as part of an industrial unit, we
shall make no final determination of appropriate unit at this time,
but shall direct that the question concerning representation which has
arisen be resolved by elections by secret ballot among employees in the
following voting groups who were employed during the pay-roll period
immediately preceding the date of our Direction of Elections herein,
subject to the limitations and additions set forth in the Direction : (1)
the machine repairmen, excluding assistant foremen, to determine
whether they desire to be represented by the I. A. M., the C. I. 0., or
by neither; (2) among the electricians, excluding assistant foremen,
to determine whether they desire to be represented by the I. B. E. W.,
the C. I. 0., or by neither; and (3) among the remaining employees
of Plant 3, excluding foremen, assistant foremen, office- help, super-
visors and plant protection employees, to determine whether they de-
sire to be represented by the A. F. of L., the -C. I. 0., or by neither.
McQUAY-NORRIS MANUFACTURING COMPANY 447
Upon the results of these elections will depend in' part our deter-
mination of the appropriate unit or units.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested iii the National Labor
Relations Board byI Section 9 (c) of the National Labor Relations
Act, and pursuant to Article" III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it"is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with McQuay-Norris
Manufacturing Company, Ordnance Management Division, St. Louis,
Missouri, 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 Fourteenth 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 following
employees who were employed by the Company during the pay-roll
period immediately preceding the date of this Direction of Elections,
including any such employees who did not work during said 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 those employees who have since quit or have been discharged
for cause:
1. All machine repairmen, excluding assistant foremen, to determine
whether they desire to be represented by International Association of
Machinists, District 9, A. F. of L., or by International Union, United
Automobile, Aircraft and Agricultural Implement - Workers of
America, Local 986, C. I. 0., for the purposes of collective bargaining,
or by neither;
2. All electricians, excluding assistant foremen, to determine
whether they desire to be represented by Local No. 1, International
Brotherhood of Electrical Workers, A. F. of L., or by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, Local 986, C. I. 0., for the purposes of collective
bargaining, or by neither; and
3. All production and maintenance employees, excluding machine
repairmen, electricians, foremen, assistant foremen, office help, super-
visors and plant protection employees, to determine whether they de-
sire to be represented by American Federation of Labor, or by Inter-
national Union, United Automobile, Aircraft and Agricultural Im-
plement Workers of America, Local 986, C. I. 0., for the purposes of
collective bargaining, or by neither.'