Pullman-Standard Car Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 4, 1942

43 N.L.R.B. 971 (N.L.R.B. 1942)

In the Matter Of PULLMAN-STANDARD CAR MANUFACTURING -COMPANY
and PULLMAN-STANDARD EMPLOYEES UNION, HAMMOND' WORKS
In the Matter of,PULLMAN-STANDARD CAR MANUFACTURING COMPANY
and UNITED STEELWORKERS OF AMERICA, LOCAL 2534, AFFILIATED WITH
THE C. I. O.
Cases Nos . R-4149 and R-41150, respectively .Decided September 4,
191
Jurisdiction : tank manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord any organization recognition until certified by the Board; to
avoid confusion which would be created in the, minds of voters by placing
upon ballot two organizations as affiliates of the same parent, Board designated
one organization as an affiliate when there was no question as to its authority
to represent employees in the name of the parent body, and designated the
other organization without its alleged affiliation when its precise status within
the hierarchy of the parent body was in dispute; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, including inspectors, factory clerks, and
leaders, but excluding general office employees, foremen and assistant foremen,
nurses, safety director and assistants, tine-study men, and watchmen.
Winston, Strawn d Shaw, by Mr. G. B. Christensen, of Chicago, Ill.,
for the Company.
Mr. A. Robert Pakulaz, of Chicago, Ill., for the Independent.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Norman L. Harris,
of East Chicago, Ind., for the U. S.A.
Mr. Charles A. Kistler, of Hammond, Ind., for `the Construction
Workers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND ,
DIRECTION OF ELECTION
STATEMENT of TILE CASE
Upon petitions duly filed by Pullman-Standard Employees Union,
Hammond Works, herein called the Independent, and United Steel-
workers of America, Local 2534, C. I. 0., herein called the U. S. A.,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Pullman-Standard Car Manufacturing
Company, Hammond, Indiana, herein called the Company, the Na-
43 N. L. R. B., No. 169.
971
972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Lester Asher,' Trial Examiner., Said hearing
was held at Chicago, Illinois, on August 13, 1942. The Company. the
Independent, the U. S. A., and United Construction Workers Division,
District 50, United, Mine Workers of America, herein called the Con-
struction Workers, appeared, participated, and were afforded full op-
portunity to bd 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pullman-Standard Car Manufacturing Company is a Delaware
corporation with its principal office at Chicago, Illinois. We are here
concerned with the Company's plant at -Hammond, Indiana, where it
is engaged in the manufacture of tanks and other war equipment.
Over $1,000,000 worth of raw materials are shipped to the Hammond
plant from outside Indiana annually. Practically the entire output
of the Hammond plant is-shipped outside Indiana. The Company
admits that it is engaged in commerce within the meaning of the
National, Labor Relations Act. `
II. THE ORGANIZATIONS INVOLVED
Pullman-Standard Employees Union, Hammond Works, is an
unaffiliated labor organization admitting to membership employees
of the Company.
United Steelworkers of America, Local 2534, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership' employees of the Company.
United Construction Workers Division, District 50, United Mine
Workers of America, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization as the
exclusive representative of any of its employees until such time as
,the Board determines the bargaining agent or agencies.
A statement of the Regional Director, introduced into- evidence
during the hearing, indicates that the Independent `and the U. S. A.
PULLMAN-STANDARD CAR MANUFACTURING COMPANY 973
each represents a substantial number of employees in the unit herein-
after found to be.appropriate.1 -
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
All parties agreed that all production and maintenance employees
of the Hammond Works of the Company, including inspectors and
factory clerks, but excluding general office employees, foremen, nurses,
safety director and assistants, time-study men, and watchmen, consti-
tute an 'appropriate unit. The only controversy with respect to the
unit concerns-assistant foremen and leaders.
The Company employs approximately 73 persons designated 'by it
as leaders. The U. S. A. urges that such employees be excluded from
the unit, and the Independent, the Construction Workers, and the
Company that they be included. The record indicates that such em-
ployees actually perform manual duties, are paid on an hourly rate,
and have from 6 to 12 employees working with them. The leaders
have no authority to hire or.discharge and are under the supervision
of assistant foremen. Under the circumstances, we shall include
leaders in the unit.
The Company has 152 assistant foremen at its Hammond plant. The
U. S. A. urges that such employees be excluded from 'the unit and
the Independent and the Construction Workers that they be included.
The Company took no position. There are approximately 5,000 per-
sons employed at the Hammond plant. The assistant foremen, in
addition to other duties, supervise the leaders discussed above. We
shall exclude assistant foremen from the unit.
We find that all production and maintenance employees -of the
Hammond Works of the Company, including inspectors, factory
clerks, and leaders, but excluding general office ' employees, foremen
and assistant foremen, nurses, safety director and assistants, time-
study men, and watchmen, .constitute a unit appropriate for the pur-
' The Regional Director reported that the U. S. A. presented 1591 membership appli-
cation cards bearing apparently genuine signatures . He further reported that a spot
check of these cards shows that the employees named thereon appear on' the Company's
pay roll for the period ending August 8, 1942. The' Regional Director also reported that
the Independent presented 2105 membership application cards bearing apparently genuine
signatures A spot check of these cards shows that the employees named thereon appear
on the Company's pay roll for the period ending August 8, 1942. There are approxi-
mately 4500 persons in the unit hereinafter found to be appropriate.
The Regional Director also reported that the Construction workers presented 171
membership application cards bearing apparently genuine signatures . A spot check of
these cards shows that the persons named thereon were on the Company 's pay roll for
the period ending August 8, 1942.'
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
poses 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period' immediately preceding the date of the Direction of Elec-
tion; subject to the limitations and additions set forth in the Direction.
The U. S. A. contends that the Construction Workers should not be
accorded a place on the ballot because of its small showing of repre-
sentation among the, employees of the Company. However, inasmuch
as an election is to be conducted, and inasmuch as the Construction
Workers has made some 'showing of membership, we shall accord it
a place on the ballot.2
The Construction Workers urges that it appear on the ballot as
"United Construction Workers Division; District 50, United Mine
Workers of America, C. I. 0." The U. S. A., which also desires to
be designated on the ballot as an affiliate of the C. I. 0., contests the
right of the Construction Workers to the designation requested by it
bn the ground that no such organization is affiliated with the C. I. O.
We shall grant the request of the U. S. A. and deny that of the Con-
struction Workers. There is no question as to the authority of the
U. S. A. to represent steel workers in the name of the parent body.
On the other hand, the precise status of the Construction Workers
within the C. I. O. hierarchy is presently in dispute. To place both
unions upon the ballot as affiliates of the C. I. O. would be to create
confusion in the minds of the voters. Under the circumstances, and
without passing upon the controversy regarding its statics, we find
that the Construction Workers will be sufficiently identified if its naive
appears on the ballot as "United Construction Workers Division, Dis-
trict 50, United Mine Workers of America," and we shall so direct.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations 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 Pullman-Standard
2 See Matter of Remington-Rand,' Inc. and International Association of Machinists,
Local 8 2w, 40 N. L. R. B. 1100.
PULLMAN-STANDARD CAR MANUFACTURING COMPANY 975
Car Manufacturing Company, Hammond, Indiana, 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 of Election, under
the direction and supervision of the Regional Director for the Thir-
teenth Region, acting in this matter as agent for the National, Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among the employees of the Company 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 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 any who have since quit or been , discharged for cause, to
determine whether they desire to be represented by Pullman-Standard
Employees Union, Hammond Works, or by United Steelworkers of
America, Local 2534, affiliated with the Congress of Industrial Organ-
izations, or by United Construction Workers Division, District '50,
United Mine Workers of America,, for the purposes of collective bar-
gaining, or by none of said organizations.
CHAIRMAN MrLLis took no part in the consideration of the above
Decision and Direction of Election.