Pacific Car and Foundry Co.

National Labor Relations Board - Board Decisions

Apr 17, 1945

61 N.L.R.B. 582 (N.L.R.B. 1945)

In the Matter Of PACIFIC CAR AND FOUNDRY COMPANY and UNITED
STEELWORKERS OF AMERICA, C. I. O.
In the Matter Of PACIFIC CAR AND FOUNDRY COMPANY and BILLINGS,
MONTANA, METAL TRADES COUNCIL
Cases Nos. 19-R-1491 and 19-R-1502, respectively.-Decided
April 17, 1945
Mr. Curtis E. Lees, of Billings, Mont., for the Company.
Mr. Varro C. Jones, of Salt Lake City, Utah, for the U. S. A.
Mr. John T . Curtis of Spokane, Wash., and Mr. Harvey E. Lynde,
of Billingf, Mont ., for the M. T. C.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Steelworkers of
America, herein called the U. S. A., and Billings, Montana, Metal
Trades Council, A. F. of L., herein called the M. T. C., alleging that
questions affecting commerce had arisen concerning the representation
of employees of Pacific Car and Foundry Company, Billings, Montana,
herein called the Company, the National Labor Relations Board con-
solidated the cases and provided for an appropriate hearing upon due
notice before John E. Hedrick, Trial Examiner. Said hearing was
held at Billings, Montana, on February 26, 1945. The Company, the
U. S. A., and the M. T. C. appeared at and participated in the hear-
ing.' All parties were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. During the course of the hearing the M. T. C. moved to
dismiss the petition in Case No. 19-R-1491. The Trial Examiner re-
'Although International Association of Machinists , A. F. of L., herein called the I. A. M,
was served with Notice of Hearing , it did not move to intervene at the hearing. However,
a representative of the I. A. M. appeared at the hearing and stated that it had ceded
its rights and interests in the instant proceeding to the M. T. C ., with which it is
affiliated.
61 N. L. R. B., No. 82.
582
PACIFIC CAR AND FOUNDRY COMPANY 583
served ruling thereon. The motion is hereby denied. The Trial Ex-
aminer'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
I. THE BUSINESS OF THE COMPANY
Pacific Car and Foundry Company has its principal office at Renton,
Washington. It operates a plant at Billings, Montana, with which we
are here concerned, where it is engaged in assembling M-26 tank re-
trievers and rebuilding trucks for the United States Army. During
1944 the Company used raw materials at its Billings plant valued in
excess of $1,000,000, all of which was shipped to it from points outside
the State of Montana. All products produced by the Company at its
Billings, Montana, plant are delivered to points designated by. the
United States Army.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees ctf the Company.
. Billings, Montana, Metal Trades Council is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 12, 1945, the U. S. A. requested the Company to recog-
nize it as the exclusive bargaining representative of the Company's
employees. The Company refused this request.
On March 24, 1944, the Company and the I. A. M. entered
into an exclusive bargaining contract. The contract provides that it
should remain in full force and effect until April 1, 1945, and from
year to year thereafter unless notice of desire to terminate is given by
either party thereto not less than 30 days prior to any annual expira-
tion date. As stated hereinabove, the I. A. M. has ceded its rights to
the M. T. C. Inasmuch as the U. S. A. made its claim upon the Com-
pany prior to March 1, 1945, we find that the contract does not consti-
tute a bar to a present determination of representatives.
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Statements of agents of the Board, made a part of the record, indi-
cate that the U. S. A. and the M. T. C. each represents 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
The U. S. A. urges that all production and maintenance employees
at the Billings, Montana, plant of the Company, including inspectors,
guards, truck drivers, and leadmen, but excluding general superin-
tendent, assistant superintendents, foremen, the maintenance engi-
neer, project and assistant project engineers, chief timekeeper, chief
inspector, and office and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining. The only controversy
with respect to the unit concerns guards. The Company and the
M. T. C. would exclude them from the unit.
The Company employs 11 guards who are armed and deputized by
the county within which the Billings, Montana, plant is located. We
shall exclude the guards from the unit in accordance with our custom-
ary practice of excluding deputized plant-protection employees from
units of production and maintenance employees.
We find that all production and maintenance employees at the
Billings, Montana, plant of the Company, including inspectors, truck
drivers, and leadmen,3 but excluding office and clerical, employees,
guards, project and assistant project engineers, general superintend-
ent, assistant superintendents, foremen, maintenance engineer, chief
timekeeper, chief inspector, and any other 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
'The Field Examiner reported that the U . S. A. presented 221 application cards At
the hearing the M T. C . submitted 00 application cards to the Trial Examiner . The l A. M.
had previously submitted 103 cards . There are approximately 275 employees in the
appropriate unit
8 The record indicates that the leadmen are not supervisory employees within the
meaning of the Board ' s usual definition of supervisory employees.
PACIFIC CAR AND FOUNDRY COMPANY 585
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 Relations 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 Pacific Car and
Foundry Company, Billings, Montana, 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 supervi-
sion of the Regional Director for the Nineteenth 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 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by Billings,
Montana, Metal Trades Council, A. F. of L., or by United Steelworkers
of America, C. I. 0., for the purposes of collective bargaining, or by
neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.