Remington Arms Co., Inc.

National Labor Relations Board - Board Decisions

Jul 22, 1943

51 N.L.R.B. 628 (N.L.R.B. 1943)

In the Matter of REMINGTON ARMS COMPANY, INC. and INTERNATIONAL
UNION OF MINE, MILL & SMELTER WORKERS, FOR ITSELF AND ON BEHALF
OF ITS LOCAL UNION, REMINGTON ARMS WORKERS LOCAL 611, C. I. 0.
In the Matter Of REMINGTON ARMS COMPANY, INC. and A. F. of L.
ORDNANCE PLANT MECHANICS, INTERNATIONAL ASSOCIATION OF
MACHINISTS, LOCAL No. 1620
In the Matter of REMINGTON ARMS COMPANY, INC. and BROTHERHOOD
OF RAILROAD TRAINMEN
In the Matter of REMINGTON ARMS COMPANY, INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
Cases Nos.'R-5496 to R-5499, inclusive, respectively.Decided July,
22, 1943
Mr. Elmer L. Hunt, for the Board.
Mr. C. M. Spargo, of Bridgeport, Conn., and Messrs. Walter S.
Buck and Donald B. Campbell, of Denver, Colo., for the Company.
Messrs. Eugene H. Tepley, Forrest Emerson, Ray Lee, and Eunice
C. Dolan, of Denver, Colo., for the Smelter Workers.
Messrs. David W. Oyler, H. J. Paar, and George W. Bray field, of
,Denver, Colo., for the Plant Mechanics.
Messrs. R. H. McDonald and O. L. Jackson, of Denver, Colo., for
the Trainmen.
Messrs. A. L. Smith and J. Clyde Williams, of Denver, Colo., for
the I. B. E. W.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon separate, petitions duly filed by, International Union of Mine,
Mill & Smelter Workers, for itself and on behalf of its local union,
Remington Arms Workers Local 611, C. 1. 0., herein called the Smelter
51 N. L. R. B., No. 106.
628
REMINGTON ARMS COMPANY, INC. 629
Workers; by A. F. of L. Ordnance Plant Mechanics, International
Association of Machinists, Local No. 1620, herein called the Plant
Mechanics; by Brotherhood of Railroad Trainmen, herein called the
Trainmen; and by International Brotherhood of Electrical Workers,
herein called the I. B. E. W., each alleging that a question affecting
commerce had arisen concerning the representation of employees of
Remington Arms Company, Inc., Denver, Colorado, herein called the
Company, the National Labor Relations Board provided for an appro-
priate consolidated hearing upon due notice before Earl S. Bellman,
Trial Examiner. Said hearing was held at Denver, Colorado, on June
1, 2, 3, and 4, 1943. The Board, the Company, the Smelter Workers,
the Plant Mechanics, the Trainmen, and the I. B. E. W. appeared and
participated i All parties 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 hear-
ing are free from prejudicial error and are hereby affirmed.2 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
Remington Arms Company, Inc., has its principal office and head-
quarters at Bridgeport, Connecticut. The Company manufactures
small arms and ammunition at the Denver Ordnance Plant, Denver,
Colorado, the only plant involved in this proceeding. The plant, and
the raw materials used, and the products finished at the plant are owned
by the United States Government. During the past year the Com-
pany used at the plant raw materials valued in excess of $1,000,000,
at least 50 percent of which was shipped to the plant from points
outside Colorado. During the same period the Company finished at
the plant products valued in excess of $5,000,000, a substantial part of
which has been, and the remainder of which will be, shipped to points
outside Colorado.
i Representatives of Colorado State Federation of Labor, Denver Building and Con-
struction Trades Council , and Denver Trades and Labor Assembly , labor organizations also
served with notice, appeared at the bearing on behalf of the Plant Mechanics.
z Subsequent to the hearing , all parties entered into a stipulation providing for the
correction of the transcript of the hearing in these consolidated proceedings . The stipula-
tion was approved by the attorney for the Board and forwarded to the Board at Wash-
ington in accordance with the request of the parties , the Board orders that the stipulation
be, and It hereby is, incorporated in, and made a part of, the record ' herein and that the
transcript of the hearing be deemed and considered amended in accordance with the
stipulation of the parties.
630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IL THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill & Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizatibns,
admitting to membership employees of the Company.
A. F. of L. Ordnance Plant Mechanics, Local No. 1620, is a labor
organization chartered by International Association of Machinists,
admitting to membership employees of the Company.
Brotherhood of Railroad Trainmen is an unaffiliated labor organ-
ization, admitting to membership employees of the Company.
International Brotherhood of Electrical Workers is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In November 1942 the I. B. E. W. asked the Company for recogni-
tion as exclusive bargaining representative of electrical employees at
the plant. The Company refused, alleging that the proposed unit was
not appropriate for bargaining. In January 1943 the Smelter Work-
ers and the Plant Mechanics made similar requests for recognition in
other proposed units. The Company refused to recognize either labor
organization until it should be certified as exclusive bargaining repre-
sentative by the Board. In March 1943 the Trainmen asked the
Company for recognition as exclusive bargaining representative of
the Diesel engine crews. The Company refused on the ground of
the conflicting claims of the Smelter Workers and the Plant Mechanics.
A statement prepared by the Board's attorney and introduced into
evidence at the hearing indicates that the Trainmen represents a
substantial number of employees in its proposed unit.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
s The Trainmen submitted authorization cards, dated March 9, 1943, all of which appear
to bear genuine signatures of employees of the Company in its proposed unit. These
cards indicate that the Trainmen represents 90 percent of the employees of the Com-
pany in its proposed unit.
The Plant Mechanics submitted authorization cards, dated between November 1942
and May 1943, all of which appear to bear genuine signatures of employees of the Company
in its proposed unit. These cards indicate that the Plant Mechanics represents 16%
percent of the employees in its proposed unit.
The Smelter workers submitted authorization cards, 15 percent of which were undated,
5 percent dated between October 1941 and November 1942, and the remaining dated
between October 1942 and March 1'943, all of which appear to bear genuine signatures
of employees of the Company in its proposed unit. These cards indicate that the Smelter
workers represents 28 percent of the employees in its proposed unit.
The I . B. E. W. submitted authorization cards, dated in November 1942, all of which
appear to bear genuine signatures of employees of the Company in its proposed unit.
These cards indicate that the I . B. E. W. represents 92 percent of the employees in its
proposed unit.
All authorization cards were checked against the Company's pay rolls for the periods
ending January 1 and February 12, 1943.
. REMINGTON ARMS COMPANY, INC. 631
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE ALLEGED APPROPRIATE 'UNITS
The Plant Mechanics contends that production and maintenance
employees at the plant, excluding supervisory and clerical employees,
constitute an appropriate bargaining unit. The Smelter Workers
contends that "maintenance and mechanical" employees at the plant,
excluding production, clerical, and supervisory employees, constitute
an appropriate bargaining unit .4 The I. B. E. W. contends that a
unit restricted to the Company's electrical employees, excluding super-
visory employees, is an appropriate bargaining unit. The Trainmen
contends that the Diesel engine crews, including motormen, switchmen,
and engine foremen or conductors, but excluding the yard master,
constitute an appropriate bargaining unit.
The Company's plant is a Government reservation, 1 mile wide and
3 miles long, enclosed by a series of wire fences. The entire enclosure
includes approximately 175 buildings, including 5 main production
buildings and numerous warehouses and storages areas. The sole
product of the plant is for Government use. Under the works man-
ager are 8 superintendents in charge of several work processes at the
plant, including the production, product engineering, ballistics, works
engineering, accounting, and service sections. All orders and policies
are transmitted from the works manager through the several superin-
tendents and subordinate supervisory employees to the production and
maintenance employees at the plant. Machine operators, who consti-
• The Smelter Workers would include in its proposed unit all employees in the following
categories : all tool setters ; machine adjusters in the Incendiary Operation , Priming and
Loading Area ; machine adjuster in the Packing Operation , Packing Area ; all
employees in Gauge Inspection , Inspection Department , namely, master gauge inspector,
senior gauge inspector „ gauge adjuster , gauge inspector , and machine cleaner-gauge and
weigh ; all employees in the Transportation Group, Service Section, namely , truck driver,
car washer , chauffeur , and car greaser ; steel storekeepers in the Planning and Stores
Group, Methods and Planning Section ; yard clerks, chauffeurs , and truck drivers in the
Traffic Group, Methods and Planning Section ; all employees of the Laundry, Methods
and Planning Section, namely , laundry operator , laundry repairer , and laundrymen ; all
employees in the salvage unit of Methods and Planning Section ; all sanitation operators,
sanitation group leaders , and elevator operators ; also all employees in Gauge Manufac-
turing, Tool Manufacturing , Tool and Gauge Inspection , Tool Salvage, Tool and Gauge
Plating, and Miscellaneous Groups in the Tool and Gauge Section ; all employees in the
General Maintenance , Yard and Motive Maintenance , Power Dept ., Manufacturing Buildings
Maintenance , Heating and Ventilating Groups in the Works Engineering Section ; the
locksmiths , craft helpers, office -machine repairmen , stock chasers , oilers and oil separators
in the Miscellaneous Group, Works Engineering Section ; also the following miscellaneous
classifications used in all Sections of the Works , where employees so classified are not
engaged in the production of cartridges in the assembly -line operations : instructor A,
instructor B, truck driver, tractor driver , tool-crib attendant , group leader-labor, laborer;
but excluding all production employees ; Product Engineering and Control Section em-
ployees other than gauge inspection employees ; clerical, medical, confidential , and patrol
employees , and all employees above the rank of wage-roll group leader, and also excluding
employees in the proposed collective bargaining units claimed by the Trainmen and the
I. B. E. W. in the event that these units are delcared appropriate by the Board.
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tute approximately 50 percent of these employees, and tool setters, who
constitute 15 percent, are the principal employees in the production
department. Machine operators keep the machines running and sup-
plied with stock and visually inspect the product issuing from the
machines. When they notice any failure of quality in the product,
they shut down the machines and report the conditions to, the tool
setters. The general character of the work of machine operators is
the same, although some machine processes require more attention on
the part of the operators than others. The machines are generally
automatically fed, and the operators do not move the product except
in unusual circumstances. Tool setters are not maintenance employees
who repair production machines. They are machine operators who
have acquired the necessary skill and experience to set perishable tools
on machines which they operate and on similar machines. The Com-
pany does not hire tool setters as such. Machine operators become
tool setters by promotion and continue -to operate machines in the
production department with other machine operators. If trouble
develops on the machine of an operator with whom a tool setter is
working, the two employees exchange machines, the operator.continu-
ing the work on the tool setter's machine and the tool setter making the
necessary adjustment on the operator's machine. Such adjustments
are made necessary by the wearing of the tools in the operating process.
While a tool setter is assigned to take care 'of tool adjustments on a
number of machines and might theoretically spend a great majority
of his time setting tools on them, as a practical matter he spends a
considerable part of his time as a regular machine operator.
The Company's "maintenance and mechanical" employees, includ-
ing employees listed in footnote 4, 'constitute about 35 percent of
its wage-roll employees. Tool setters, and 'machine adjusters with
similar duties, included by the Smelter Workers in this group, con-
stitute about one-third of its numbers. Maintenance employees work
generally in the several departments, shops, and services of the plant,
some under production and some under special maintenance depart-
ment supervisors. There are separate maintenance shops in the sev-
eral production buildings. So far as the record discloses, the sev-
eral classes of employees listed in footnote 4, share no interest with
one another that is not shared with "production" 5 employees of the,
Company.
The Company's employees are closely knit as a single organization
concentrated on the production of a single product for war purposes.
G Machine operators are concededly production employees . The Company, the Plant
Mechanics, and the Smelter Workers are in disagreement what other employees should
be so classed The Smelter Workers contends that employees within its proposed unit
are all non - production workers.
REMINGTON ARMS COMPANY, INC. 633
There are many transfers and exchanges of employees among depart-
mental and working groups. To speed production, higher-paid em-
ployees without loss of wages assist in menial tasks.
The functional coherence among the several departments of the
plant clearly favors the contention, of the Plant Mechanics that
production and maintenance wage-roll employees of the Company
constitute a single appropriate unit. Of the total number of wage-
roll employees in this proposed plant unit, only 162/3 percent has
designated the Plant Mechanics as bargaining representative. We
find that this representation is insufficient to indicate that a sub-
stantial number of the production and maintenance employees at
-the plant desires to bargain collectively with the Company and that
therefore no question has arisen concerning the representation of em-
ployees in the proposed plant unit. For this reason, we shall dis-
miss the petition filed by the Plant Mechanics.°
The I. B. E. W. urges that the electrical employees at the plant
constitute a separate appropriate unit. The Company's electrical
employees constitute a clearly defined craft group. Wherever these
employees work, they are subject to craft supervision. The' Plant
Mechanics, however, contends that these electrical employees do not
constitute a separate bargaining unit, but that they should properly
be included in the plant unit, which it urges is the only appropriate
unit for the Company's employees. In support of its claim to rep-
resent the electrical employees, the Plant Mechanics submitted cards
to indicate that of the electrical employees who had signed authoriza-
tion cards of the I. B. E. W., 16 percent had also signed authorization
cards of the Plant Mechanics.
In November 1942 International Association of Machinists, herein
called the I. A. M., sponsored an organizational campaign among the
Company's employees. At that time the I. A. M. was affiliated with
the American Federation of Labor. Cooperating with the I. A. M.
were affiliated craft unions, which consented to the establishment
of a plant bargaining unit and agreed to waive their several craft
jurisdictions over the Company's employees in favor of industrial
representation by the I. A. M. The I. A. M. chartered the Plant
Mechanics for the Company's plant employees. Employees at the
plant who -were members of the several affiliated craft unions joined
the Plant Mechanics and designated'it as their bargaining representa-
tive. We, take, notice that the I. A. M. subsequently withdrew from
the American Federation of Labor. At the consolidated hearing held
upon the several petitions filed herein, the Plant Mechanics was rep-
resented by local and international representatives of the American
6 Matter of New Jersey Worsted Mills , 35 N. L. R. B. 1303; and Matter of Houston
Shipbuilding Corporation of Irish Bend, Texas, 41 N . L. R. B. 638.
634 DECQSrONS OF NATIONAL LABOR RELATIONS BOARD
Federation of Labor. Since the Plant Mechanics clearly represents
the combined interests of unions affiliated with the American Fed-
eration of Labor to organize the Company's employees, and the
Plant Mechanics, specifically represented by such interests, seeks to
include the electrical employees within the plant unit, we find that
the claim of the I. B. E. W. to represent the same employees in a
craft unit is a conflicting claim of a kindred interest and consti-
tutes a jurisdictional dispute between affiliated unions. For this
reason, we shall make no finding with respect to the separate unit
urged for the Company's electrical employees, and we shall dismiss
the petition filed by the I. B. E. W. herein.?
The Smelter Workers seek to represent employees in a unit com-
posed of the "mechanical and maintenance" employees at the plant.
Approximately one-third of the employees in its proposed unit are
tool setters who work in production departments and operate pro-
duction machines under production foremen. The interests of these
employees are clearly tied with those of production machine operators
with whom they work. Since tool setters comprise so appreciable
a portion of this unit and their work is so closely tied with that
of the regular machine operators who generally constitute the Com-
pany's production employees, since groups of employees in the pro-
posed unit have no common interests not shared by production workers,
and since, moreover, the Smelter Workers is admittedly engaged in
organizing the Company's employees on a plant-wide basis, we find
that the proposed "maintenance and mechanical" unit is not an appro-
priate bargaining unit, and we shall dismiss the petition filed by the
Smelter Workers herein.8
The Trainmen contends that the Diesel engine crews, including
motormen, switchmen, and engine foremen or conductors,9 but ex-
cluding the yard master, constitute an appropriate bargaining unit.
A Diesel engine crew consists of a motorman, a conductor, and a
switchman. The crews work on three shifts. The motormen,
switchmen, and conductors are under the supervision of the yard
master. These employees move the Company's raw materials and
products from interstate railway terminals into the plant and about
the plant yard from one building or storage area to another. They
are not directly concerned with employees in any other particular
department of the Company's operations.
The Trainmen has submitted evidence to indicate that it repre-
sents 90 percent of the employees in the Diesel engine crews. At
this time there is no substantial organization of the Company's
7 Matter of Weyerhaeuser Timber Company , 16 N. L. R. B. 902.
8 Matter of Loose-Wiles Biscuit Company , 44 N. L. R B. 865.
Engine foremen are not supervisory employees . They are frequently called "yard"
conductors.
REMINGiTON ARMS COMPANY, INC. 635
employees on a plant-wide basis. The Diesel engine crews constitute
a distinguishable group of employees. On the basis of the entire
record, we are of the opinion, and find, that these employees may
constitute either a separate bargaining unit or a part of a plant unit
with other employees of the Company. We shall direct that an
election be held among them to determine, in part, whether they
should constitute a separate bargaining unit at this time. If a
majority of employees in this group selects the Trainmen as their
exclusive bargaining representative, we shall find that the Diesel
engine crews constitute an appropriate bargaining unit and shall
certify the Trainmen as their bargaining representative. If, how-
ever, a majority of employees in this group does not designate the
Trainmen as bargaining representative, we shall dismiss the petition
of the-Trainmen filed herein.
V. THE DETERMINATION OF REPRESENTATIVES
As noted in Section IV, above, we find that the question which
has arisen concerning the representation of the Company's employees
should be decided in part by an election.
So far as the record discloses, the Plant Mechanics, the Smelter
Workers, and the I. B. E. W. do not claim to represent any employees
among the Diesel engine ciews or desire to participate in an election
among them. For this reason, we shall not provide that any of
these labor organizations appear upon the ballot.
Those eligible to vote in the election which we now direct shall be
all employees in the Diesel engine crews, including the motormen,
switchmen, and engine foremen or conductors, but excluding the
yard master, who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, sub-
ject 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 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Remington Arms
Company, Inc., Denver, Colorado, 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
636 DECISIONS OF NATIONAL LABOR RELATION S BOARD,
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among all
employees of the Company in the Diesel engine crews, including the
motormen, switchmen, and engine foremen or conductors, 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
raid ^ off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
the yard master and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by Brotherhood of Railroad Trainmen, for the purposes
of collective bargaining.
ORDER
It is hereby ordered that the separate petitions for investigation
and certification of representatives filed herein by International
Union of Mine, Mill & Smelter Workers, for itself and on behalf of
its local union Remington Arms Workers Local 611, C. I. 0., by
A. F. of L. Ordnance Plant Mechanics, International Association of
Machinists, Local No. 1620, and by International Brotherhood of
Electrical Workers, respectively, be, and they hereby are, dismissed.