Pullman Standard Car Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 7, 1946

69 N.L.R.B. 1279 (N.L.R.B. 1946)

In the Matter of PULLMAN STANDARD CAR MANUFACTURING COMPANY,
EMPLOYER and UNITED STEELWORKERS OF AMERICA , C. I. 0.,
PETITIONER
Case No. 10-R-1711.-Decided August 7, 194.6
Mr. Joseph F. Johnston, of Birmingham, Ala., and Mr. W. C.
Sleeman, of Bessemer, Ala., for the Employer.
Mr. W. J. Shewmake, of Birmingham, Ala., for the Petitioner.
Mr. Harry W. Clayton, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Birming-
ham, Alabama, on June 12, -1946, before, Albert D. Maynard, Trial
Examiner. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Pullman Standard Car Manufacturing Company, a Delaware
corporation, operates plants in Massachusetts, Indiana, Illinois, Penn-
sylvania, and Bessemer, Alabama. The latter plant is the only one
involved in this proceeding. The Employer is engaged in the manu-
facture, sale, and distribution of railroad freight cars. During the
year ending 1945 the Employer purchased in excess of $1,000,000
worth of raw materials, consisting principally of rolled steel products,
steel castings, and lumber ; approximately 35 percent of such items
was shipped to the plant in Bessemer, Alabama, from States other
than the State of Alabama. During the same period the Employer
sold in excess of $1,000,000 worth of finished products, of which ap-
proximately 50 percent was shipped to, into, and through States
other than the State of Alabama.
69 N. L. R. B., No. 154.
1279
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED 1
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations claiming to represent employees of the
Employer. '
III, THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of the employees of the Employer involved
in this proceeding until the Petitioner has been certified by the Board
in an appTopriate unit.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks to represent certain electrical maintenance
employees in a unit established by the Board in 1941.3 There is no
dispute as to the composition of the unit.
We find that all employees in the electrical division of the mainte-
nance department at the Employer's Bessemer plant, including pow-
erhouse operators' but excluding foremen, leaders, and clerical em-
ployees, and all or 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, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Pullman Standard Car Manu-
facturing Company, Bessemer, Alabama, an election by secret ballot
1 The International Brotherhood of Electrical workers, Local Union B-136, which was
certified by the Board on November 19, 1941 (36 N. L. R. B. 1124), as the bargaining repre-
sentative of the employees in the job classifications now sought by the Petitioner, was
served with Notice of Hearing but did not appear.
1 The record indicates that the parties wish to secure an opinion as to the appropriate-
ness of the unit but not a Board-directed election. Inasmuch as the parties have not
agreed to any of the Iioard's informal methods of deciding representation questions and
it is our opinion that an election is the best procedure for settling such matters, we shall,
as indicated below, direct an election in this case.
3,16 N. L: R. B. 1124.
a The classification of powerhouse operator includes those employees sometimes referred
to as substation operators.
PULLMAN STANDARD CAR MANUFACTURING COMPANY 1281
shall be conducted as early as possible , but not later than thirty (30)
days from the date of this Direction , under the direction and super-
vision of the Regional Director for the Tenth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of National Labor Relations
Board Rules and Regulations-Series 3, as amended , among the em-
ployees 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
those employees 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 or not they desire to be represented by
United Steelworkers of America, C. I. 0., for the purposes of collective
bargaining.
Ma. JOHN M. HO USTON took no part in the consideration of the above
Decision and Direction of Election.
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