The Sherwin-Williams Defense Corp.

National Labor Relations Board - Board Decisions

Dec 24, 1942

46 N.L.R.B. 325 (N.L.R.B. 1942)

In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and'
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION
No. B702
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
MAINTENANCE AND PRODUCTION EMPLOYEES, AFFILIATED WITH THE
INTERNATIONAL HODCARRIERS , BUILDING AND COMMON LABORERS
UNION OF AMERICA, A. F. OF L.
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE 310, A. F. OF L.
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL No. 268
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 586, A. F.
,OF L. ,
In the Matter of THE SHERWIN-WILLTAMS DEFENSE CORPORATION and
INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL 116,
A. F. OF L.
In, the Matter of'THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
LOCAL 160 PLUMBERS AND STEAMFITTERS A. F. OF. L.
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION
ILLINOIS ORDNANCE PLANT and GRAND LODGE, BROTHERHOOD OF
RAILROAD TRAINMEN
I
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
SHEET METAL WORKERS, LOCAL 268 OF SOUTHERN ILLINOIS, A. F. OF L.
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
INTERNATIONAL UNION OF OPERATING ENGINEERS, PORTABLE AND
HOISTING OPERATORS, LOCAL 318, A. F. OF L.
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
DISTRICT 50, UNITED MINE WORKERS OF AMERICA, GAS, COKE AND
CHEMICAL DIVISION
In the Matter of THE SHERWIN-WILLIAMS DEFENSE CORPORATION and
INTERNATIONAL BROTHERHOOD OF PAINTERS , ;DECORATORS , AND PAPER
HANGERS OF AMERICA, LOCAL 431, A. F. OF L.
46 N. L. R. B., No 40.
325
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cases Thos. R-4386 through R-1398, respectively.-Decided December
24, 194 -
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize without Board certification : requirement of substantial
interest relaxed'under the circumstances and elections ordered in ill, craft
groups subject to requirement that representative vote be obtained; elections
necessary.
Unit Appropriate for Collective Bargaining : elections directed among (1) ma-
chinists (2) locomotive engineers and crane operators (3) electricians '(4)
automotive help (5) carpenters (6) boiler operators (7) plumbers (8) sheet-
metal workers (9) painters (10) yardmen (11) residual employees, with
specified inclusions and exclusions from each, deteimiuation of appropriate
units dependent on results of elections
Mr. William W. Ward, Jr., for the Board.
Mr. L. E. Spooner and Mr. T. J. McDowell, of Carbondale, Ill., for
the Company.
-Mr. IV. R. Boyd, of West Frankfort, Ill., for the I. B. E. W.
Mr. Edgar F. Smith and Mr. Evan Dale, of Springfield, Ill., for the
Hodcarriers.
Mr: W. C. Riley, of St. Louis, Mo., for the, I. A. M.
Mr. Tony Garavalia, of Herrin, Ill., for the Teamsters.
Mr. John R. Kelly, of Indianapolis, Ind., for the Carpenters.
Mr. S. L. McFeron, of Anna,` Ill., for the Operating Engineers.
Mr. M. J. Costello, of Chicago, Ill., for the Firemen.
Mr. James Bateman, of Carbondale, Ill., for the Plumbers.
Mr. O. L. Collins, of Indianapolis, Ind., for the Trainmen.
Mr. John A. Bock, of-East St. Louis, Ill., for the Metal Workers.
Mr. Stanley Medley, of 'Harrisburg, Ill., for the Hoisting Op-
erators.,
Mr. Fred A. Henderson, of Herrin, Ill., for District 50.
Mr. Frank P. Clark, of, Herrin,, Ill., for --the iPainters.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Brotherhood
of Electrical Workers, Local Union No. B702, herein called the
I. B. `E. W:; Maintenance and Production Employees, International
Hodcarriers, Building and Common Laborers Union of America,
herein called' the Hodcarriers; Iilterliational Association - of Ma-
THE SHERWIN-WILLIAMS DEFENSE CORPORATION 327
chinists, Lodge 310, herein called the I. A. M.; International Brother-
hood, of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, Local No. 268, herein called the Teamsters; United Brother-
hood of Carpenters and Joiners of America, herein called the Car-
penters; International Union of Operating Engineers, Local 586, here-
in called the Operating Engineers;' International Brotherhood of
Firemen and Oilers, Local 116, herein 'called the Firemen';- Local ^ 160,
Plumbers and Steainfitters, herein called the Plumbers; Grand Lodge,
Brotherhood of Railroad Trainmen,' herein called the Trainmen;
Sheet Metal Workers, Local 268 of Southern, Illinois, herein called
the, Metal Workers; International Union of Operating Engineers,
Portable and Hoisting Operators, Local, 318, 'Herein called the Hoist-
ing Operators; District 50; United'Mine Workers of America, Gas,
Coke and Chemical Division, herein' called District' 50; and Inter-
national Brotherhood of Painters, Decorators and Paperhangers of
America, Local 431, herein called the Painters; alleging that' questions
affecting commerce had arisen concerning the representation of em-
p]oyees'of The Sherwin-Williams Defense Corporation, ^ Carbondale,
Illinois, 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
Herrin; Illinois, on-October 8 and 9, 1942. The Board, the Company,
the I., B. E. W., the Hodcarriers, the I. A. M., the Teamsters, the
Carpenters, the Operating Engineers, the Firemen, the Plumbers, the
Trainmen, the Metal Workers, the Hoisting Operators, District 50,
and the Painters, appeared and participated in the hearing, and 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 hearing are free
from prejudicial error and are hereby affirmed.
On December 1, 1942, all parties entered into a stipulation • which
is hereby approved and made a part of the record 'herein.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Sherwin-Williams Defense Corporation is engaged in shell
loading and assembling of bombs and detonators at Carbondale, Illi-
nois. The Company ' uses raw materials valued at several millions of
dollars annually , a.substantial portion of which is shipped to it from
outside , Illinois . The products finished at the Company 's plant are
valued in excess of-several millions of dollars annually , most of which
is destined for, use outside Illinois.
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
Grand Lodge, Brotherhood of Railroad Trainmen, is an unaffiliated
labor organization, admitting to membership employees of the Com-
pany.
District 50, United Mine Workers of America, Gas, Coke and
Chemical Division, is a labor organization admitting to membership
employees of the Company.
International Brotherhood of Electrical Workers, Local Union No.
B702; Maintenance and Production Employees, affiliated with the
International Hodcarriers, Building and Common Laborers Union of
America; International Association of Machinists, Lodge 310; Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local No. 268; United Brotherhood of, Carpen-
ters and Joiners of America; International Union of Operating Engi-
neers, Local 586; International Brotherhood of Firemen and Oilers,
Local 116; Local 160 Plumbers and Steamfitters; Sheet Metal Work-
ers, Local 268 of Southern Illinois; International Union' of Operat-
ing .Engineers, Portable and Hoisting Operators, Local 318; and In-
ternational Brotherhood of Painters, Decorators and Paperhangers
of America, Local 431, are labor organizations affiliated with the
American Federation of Labor, admitting to membership employees,of
the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize any of the labor organizations
,involved until such time as they are properly, certified by the Board.
A compilation prepared by, agents of, the Board, introduced into
evidence at the hearing, indicates that the I. B. E. W., the I. A. M., the
Teamsters, the Carpenters, the Operating Engineers, the Plumbers,
the Trainmen, the Metal Workers, the,Hoisting Operators, and the
Painters, each represents a substantial number of the employees, in,
the unit alleged by each to be appropriate.
i Name of Union .Yamber anunit claimed
Union's
rePi esentat,on
in unfit
I B. E w-------------------------------------- 97 53
1. A M------------------------------------------ 289 123
Teamsters ----------- L------------------------------- 151 68
Carpenters --------------------------------- ----- 122 75
Operating Engineeis ------------------------------- 17 13
Plumbers ---------------------- --------- I ------ 41 33
Trainmen ---------------------------------------- 3 3
Metal workers----------------------------------- 17 10
Hoisting Operators-------------------------------- 22 12
Painters ----------------------------------------- 21 10
The compilation further shows that the Hodcarriers presented 197 application cards bear-
ing apparently genuine signatures of persons whose names appear on the Company's pay
roll of September 28, 1942. There are 1913 employees in the unit urged by the Hodcarriers
The compilation also shows that District 50 presented 232 membership application cards
bearing apparently genuine signatures of persons whose names appear on the September 28,
1942; pay roll . There are 2774 employees in the unit claimed by District 50.
f
THE, SHERWIN -WILLIAMS DEFENSES CORPORATION, p329
We find that questions affecting commerce have arisen concerning,
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6') and (7) of the National Labor
Relations Act. , '
IV. THE APPROPRIATE UNIT
Each of the A. F. L. unions, with the exception of the Hodcarriers;
seeks a bargaining unit composed of employees of the Company en-
gaged in an occupation bringing then within the jurisdiction of such
unions. The Hodcarriers urges a unit of the remaining production'
and'maintenance employees who are not included in the units sought
by the other A. F. L. unions and the Trainmen. The' Trainmen seeks
to establish a separate unit composed of the employees in the railroad
department. District 50, on the other hand, denies the appropriate-
ness of the units sought by the A. F. L. unions and the Trainmen
and 'insists that only an industrial unit is appropriate, embracing all
production, and maintenance employees. The -Company took no posi-
tion with respect to the appropriate unit or units.
The Company's operations are carried on within a 35-mile-square
area on the outskirts of Carbondale, Illinois, where it is engaged in
the assembling of detonators, boosters, and fuses for attachment to
high explosive bombs and shells and the loading of -gunpowder into
bombs and shells: The Company operates eight separate production
units, each consisting of a storage area for raw products, a production
building,'and a temporary storage area for finished products.
The unit'sought by the I. B. E. W., includes- all electricians, e1ec-'
tricians' helpers, telephone operators, public-address announcers, per-
sons engaged in inside and outside electrical construction, operation,
and maintenance, employees in the communications department, tele-
phone and radio operation and repairs, maintenance, repair and op-
eration of the public-address system, welders on electrical equipment
and all' foremen, but excluding the chief electrical engineer, assistant
to chief electrical engineer, and the electrical shop superintendent.
'The I. A. M. urges a unit composed of all machinists, machinists'
helpers, tool makers, apprentice tool makers, employees' engaged in
repairing and maintaining; machinery, all employees -in the garage
department engaged in maintenance and repair of automobiles (in-
cluding mechanics, mechanics' helpers, master welders, oilers, and
common laborers), auto parts storage employees, mechanics and me-
chanics' helpers in heavy equipment repair shop, typewriter and scale
repairmen, locksmiths, employees in 'the tool and .gauge department
(including tool inspectors and toolrooni attendants), employees in
the machine shop (including blacksmiths and helpers), production-
line mechanics and helpers, inspectors, stoker, repairmen working
under supervisor of steam operations, and hourly paid foremen, but
330 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
excluding the mechanical and shift superintendents, clerks, safety. in-
spectors, and janitors.
The Teamsters seeks to represent all'truck drivers, chauffeurs, 'as-
sistant truck dispatchers, all employees engaged in storing and half
filing of materials and finished products' outside production units,
filling station attendants, car washers, and working foremen, but ex-
cluding-the chief dispatcher, non-working foremen, and supervisors.
',The Carpenters desires to represent all carpenters, carpenters' help-,
ers` who work in connection with woodworking machinery in the car-,
penter shop, carpenter stockroom clerks, millwrights, and working
and non-working foremen,,but excluding, the carpenter and millwright
superintendent.
The unit , proposed by the Operating'Engineers embraces all boiler
operators and apprentices employed in the steam operating depart-
ment, shift supervisors, facility,; operators, technicians, and mechanics'
helpers in the water pumping and; filtration, sewer, and water,and
sewer maintenance departments,(.including' chief operators and fore-
Inen),_but excluding coal passers, the supervisor of steam ,operations,
sanitary highway engineer, and common:laborers.
The Firemen seeks to represent all boiler operators, boiler , operator
helpers, firemen, oilers, ,and shift supervisors, excluding the super-
visor of steam operations.2 -
The Plumbers, seeks to represent all steam fitter plumbers, steam
fitter plumber helpers, welders working in connection with plumbing
and steam fitting, and foremen, but excluding the superintendent;of
plumbing and steam fitting.
-The Trainmen desires to represent all yardmen,,yard conductors,
assistant yardmasters, dispatchers, yard, brakemen or switchmen, and
switch tenders,
The unit proposed by the Metal• Workers embraces all, sheet-metal,
workers, sheet-metal work welders, and foremen, excluding. the super-,
intendent of sheet-metal workers.
The Hoisting Operators urges a unit of all power equipment opera-
tors and oilers, crane operators, Diesel locomotive engineers, and fore-
men, excluding the superintendent of heavy equipment.
The Painters desires to represent all painters, helpers, and foremen,
excluding the superintendent of painters.
The Hodcarriers seeks a unit composed of the remaining production
and maintenance employees, excluding, messengers, timekeepers, office
and clerical employees, guards, fire fighters, safety inspectors, profes-
sional employees, group leaders, and supervisors of higher rank.
2It should be noted that the units sought by the Operating Engineers and the Fiiemen
are coextensive . We shall further discuss this matter below. - -
THE SHERWIN-WILLIAMS DEFENSE CORPORATION 331
District 50 denies the appropriateness of the units urged by the
A. F. L. unions and the Trainmen, and contends, in general, that all
production and maintenance employees, including messengers and
trainees, but excluding, supervisory,, clerical and office employees, pro-
fessional employees, guards, fire fighters, gang bosses, and supervisors
of higher rank, constitute an appropriate unit. .
As indicated previously in Section III, above, the Trainmen and
the A. F. L. unions, with the exception of the Firemen, have organized.
substantial numbers of employees in the semi-craft or craft groups
heretofore described. The Firemen, the Hodcarriers, and District 50
each -produced evidence of representation, though by no means con-
sequential, among the employees in the unit urged by each.
Evidence was introduced at the hearing which tends to show the
appropriateness of the semi-craft or craft units urged by all the unions
other than District 50 and the Hodcarriers. On the other hand, evi-
dence showing the highly integrated nature of the Company's opera-
tions indicates the propriety of a single industrial unit. In this situa-
tion we shall permit the scope of the bargaining unit or units to be
determined in part by the results of separate elections.
There remains for consideration the specific composition of the
voting units.
The Hodcarriers- and District 50 are in agreement with respect to
the exclusion of the following employees from the residuary voting
group : timekeepers, office and clerical employees, guards, fire fighters,
professional employees, gang bosses; and supervisors above the rank
of gang boss. Since the authority and duties of these employees differ
substantially from those of the production and maintenance workers,
we shall exclude them from the voting unit.
- The 'Hodcarriers would in addition exclude the safety inspectors.
District 50 took no specific position with respect to these persons. The
record indicates that the duties of such employees are primarily super-
visory. We shall exclude the safety inspectors from 'the residuary
voting group. -
The Hodcarriers would also exclude messengers. District 50 con-
tends that such employees should be included. No evidence with
respect to,such employees appears in the record. However, their classi-
fication indicates that they are engaged•in work of a-clerical nature;
inasmuch _as office and clerical employees are excluded- from voting,
we shall also exclude messengers from, the re`siduary' voting: group.
The units requested by the various labor organizations involved
include, in many instances, working and non-working foremen. Dis=
trict 50 contends that all foremen should be excluded from the units.-
The record does not disclose in most instances the -extent of super-
vision exercised by such employees. We shall, accordingly, exclude
332 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
all working foremen'who spend a majority of theii time performing
supervisory functions and include the. remainder in the units and shall
further exclude all non-working foremen.
Upon the basis of the entire record, and in accordance with the fore-
going findings of fact, we shall order elections among the employees of
the Company within the groups described below: , '
1. All machinists, machinists' helpers, tool makers, apprentice tool
makers, employees engaged in repairing and maintaining machinery;
employees in the garage department engaged in maintenance and re-
-pair of automobiles (including mechanics, mechanics' helpers, master
welders, welders, oilers, and common laborers), auto parts storage em-
ployees, mechanics and mechanics' helpers working in heavy equip-
ment repair shop, typewriter and scale repairmen, locksmiths, all tool
:and gauge department employees (including tool inspectors and tool-
room attendants), , all employees in the machine shop (including
blacksmiths and helpers), all production-line mechanics, helpers, and
inspectors, and stoker repairmen.,working under, the supervisor of
steam operations, including working foremen who spend less than 50
percent of their time performing supervisory functions, but excluding
mechanical and shift superintendents, clerks, non-working foremen,
working foremen who spend a majority of their time performing
supervisory functions, and janitors, to determine whether they desire
to be represented by the I. A. M., or by District 50, for the purposes
,of collective bargaining, or by neither.
2. All Diesel locomotive engineers, crane operators, power equip-
ment operators, and oilers who work in connection with power equip-
ment operators, and working foremen who spend less than 50 percent
of their time performing supervisory functions, but excluding the
superintendent of heavy equipment, non-working foremen, and work-
ing* foremen who spend a majority of their- time performing super-
visory functions, to determine whether they desire to be represented
by the Hoisting Operators, or by District 50, for the purposes, of col-
lective bargaining, or by neither.
3. All electricians, electricians' helpers, telephone operators, public-
address announcers, persons engaged in inside and outside electrical
construction, operation and maintenance, employees in the communi-
cations department,,telephone and radio operations, maintenance and
repairs, maintenance, repair and operation of the public-address sys-
tem, welders on electrical-equipment, and working foremen who spend
less than 50 percent of their time performing supervisory functions,
but'excluding the chief electrical engineer, assistant to chief electrical
engineer, the electrical shop superintendent,,non-working foremen, and
working foremen who spend a majority of their time 'performing
supervisory, functions, to determine, whether they desire' to be repre-
'THE SHERWIN-WILLIAMS DEFENSE CORPORATION 339
sented by the I. B. E. W., or by District 50, for the purposes of col-
lective bargaining, or by neither. - "
. 4. All truck drivers, chauffeurs, assistant truck dispatchers, em-
ployees engaged in the storing and handling of raw materials and
finished products outside production units, filling station attendants,
car washers; and working foremen who spend less than 50'percent of
their time performing supervisory functions, but excluding the chief
dispatcher, non-working foremen, and working foremen who spend a
majority of their time performing supervisory functions, to deter-
mine whether they desire to be represented by the Teamsters, or by
District 50, for the purposes of collective bargaining, or by neither.
5. All carpenters, carpenters' helpers who work in connection with
woodworking machinery in the carpenter shop, carpenter stockrooms
clerks, and millwrights, including working foremen who spend less,
than 50 percent of their time performing supervisory functions, but,
excluding the carpenter and millwright superintendent, non-working
foremen, and working foremen who spend a majority of their time
performnig supervisory functions, to determine whether they desire
to be represented by the Carpenters, or by District 50, for the pur-
poses of collective bargaining, or by neither.
6. All boiler operators and apprentices employed in the steam opera
tions department (including shift supervisors), firemen and oilers,
facility operators, technicians, and mechanics' helpers employed in
the water pumping and filtration, sewer, and water and,sewer mainte-
nance department's (including chief operators), and working fore-
men who spend less than 50 percent of their time performing super-
visory functions, but excluding the sanitary and highway engineer,
common laborers, non-working foremen, coal passers, general super-
visor of steam operations, and working foremen who spend a majority
of their time performing supervisory functions, to determine whether
they desire to be represented by the Operating Engineers and the Fire-
men, or by District 50, for the purposes of collective bargaining, or by
neither.
7. All steam-fitter plumbers, steam-fitter plumber helpers, welders
and master welders working in connection with plumbing and steam
fitting, and working foremen who spend less than 50 percent of their
time performing supervisory functions, but excluding the superintend-
ent of- plumbing and steam fitting, non-working foremen, and working
foremen who spend a majority of their time preforming supervisory
functions, to.determine whether, they desire to be represented by the,
Plumbers, or by District 50, for the purposes of collective bargaining,
or by neither.
8. All sheet-metal workers and welders working in connection with
sheet-metal work, including working foremen who spend less than 50
334 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
percent of their time performing supervisory functions , but excluding
the superintendent of sheet-metal workers , non-working foremen, and
working foremen who spend a majority of their time performing
supervisory functions, to determine whether they desire to be repre-
sented by the Metal Workers, or by District 50, for the purposes of
collective bargaining , or by neither.
9. All painters and helpers ,, including working foremen who spend
less than 50 percent of their time performing supervisory functions,
but excluding the superintendent of painters , non-working -foremen,
and working foremen who spend a majority of their time performing
supervisory functions , to determine whether they desire to be repre-
sented by the Painters , or by District 50, for the purposes of collective
bargaining, or by neither.
10. All yardmen, yard conductors , assistant yardmasters , dispatch-
ers, yard brakemen or, sN6itchmen , and switch tenders, including work-
ing foremen who spend less than 50 percent of their time performing
supervisory functions , but excluding non-working foremen and work=
ing foremen who spend a majority of their time performing super-
visory functions , to determine whether they desire to be represented
by the Trainmen , or by District 50, for the purposes of collective bar-
gaining, or by neither.
11. All the remaining production and maintenance employees,.ex-
eluding messengers , timekeepers , professional employees , office and
clerical employees , guards, fire fighters, safety inspectors , gang bosses,
and all other supervisors of higher rank , to determine whether they
desire to be represented by the Hodcarriers , or by District 50, for the
. purposes of collective bargaining , or by neither.
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections . The' groups
that choose the A. F. L. unions or the Trainmen : as their bargaining
representative will constitute separate and distinct appropriate units.
Those groups choosing District 50 will , together , constitute a single
appropriate unit.
V. THE DETERMINATION OF REPRESENTATIVES
The statements with regard to the authorization evidence submitted
by the labor organizations previously set forth, indicate that the Train-
men and A. F. L. unions , with the exception of the Firemen and the
Hodcarriers , and District 50, represent a substantial number of the
employees within the units urged by them to be-appropriate. Under
usual circumstances, the authorization evidence submitted by the Hod-
carriers, and District 50 would not be enough to justify the Board in
conducting elections in the groups which these organizations contend
are appropriate . However, since we are directing elections among
THE SHERWIN-WILLIAM'S DEFENSE CORPORATION, 335
several groups of 'the Company's employees, we are of,,the opinion
that, as a matter of expediency, our customary rule should be relaxed
in order to afford all employees an opportunity to,vote in the,elections.
-.Inasmuch as there appears to be a conflict between the Operating
Engineers and the Firemen with respect to the unit urged by each, we
shall in accordance with their desires group the employees claimed by
them and place both the Operating Engineers and the Firemen upon
a single ballot. V V
We shall direct that the questions concerning representation which
have arisen be resolved by, elections by secret ballot among the em-
ployees who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to, the
limitations and additions set forth in the Direction.3
DIRECTION OF ELECTIONS ,
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relation's 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 The Sherwin-Wil-
liams Defense Corporation, Carbondale, Illinois, elections by secret
ballot shall be conducted as early as possible, but not later than forty-
five (45) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fourteenth Region, act-
ing in this 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 each of the groups described
below 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:
1. All machinists, machinists' helpers, tool makers, apprentice tool
makers, employees engaged in repairing and 'maintaining machinery,
employees in the garage department engaged in maintenance and re-
pair of automobiles (including mechanics, mechanics' helpers, master
welders, welders, oilers, and common laborers), auto parts storage
employees, mechanics and mechanics' helpers working in heavy equip-
ment repair shop, typewriter-and scale repairmen, locksmiths, all,tool
3 We reserve . however , the right not to certify any union as the statutory representative
of the employees in any of the voting groups , if the results of the elections in such groups
are non-representative
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and gauge department employees- (including tool inspectors and tool-
room attendants), all employees'in the machine shop (including black-
smiths and helpers),,all production-line mechanics, helpers, and in-
spectors, and stoker repairmen working under the supervisor of steam
operations, including foremen who spend less than' 50 percent of their
time performing supervisory functions', but excluding mechanical and
shift superintendents, clerks, non-working foremen, working foremen
who spend a majority of their time performing supervisory functions,
and janitors, to determine whether they desire to be represented'by
International Association of Machinists, Lodge 310, A. F. of L., or by
District 50, United Mine Workers of America, Gas, Coke and Chem-
ical Division', for the purposes of collective bargaining, or by neither.
2. All Diesel' locomotive engineers, crane operators, power equip-
ment operators, oilers who work in connection with power equipment
operators, and working foremen who spend' less than 50 percent of
their time performing supervisory functions, excluding the super-
intendent of heavy equipment, non-working foremen, and working
foremen who spend a majority of their time performing supervisory
functions, to determine whether they desire to be represented by In-
ternational Union of Operating Engineers, Portable and Hoisting
Operators, Local 318, A. F. of L., or by District 50, United Mine
Workers of America, Gas, Coke and Chemical Division, for the pur-
poses of collective bargaining, or by neither.
3. All electricians, electricians' helpers, telephone operators, public-
address announcers, persons engaged in inside and outside electrical
construction, operation and maintenance, employees in the communi-
cations department, telephone and radio operations, maintenance and
repairs, maintenance, operation and repair of the public-address sys-
tem, and welders on electrical equipment, including working foremen
who spend less than 50 percent of their time performing supervisory
functions, but excluding'the chief electrical engineer, assistant to chief'
electrical engineer, the electrical shop superintendent, non-working
foremen, and working foremen who spend 'a majority of their time
performing supervisory functions, to determine whether they desire to
-be represented by International Brotherhood of Electrical Workers,
Local Union No. B702, A. F. of L., or by District 50, United Mine
Workers of America, Gas, Coke and Chemical Division, for the pur-
poses of collective bargaining, or by neither. '
4. All truck drivers, chauffeurs, assistant truck dispatchers, ein-
ployees engaged in the storing and handling of raw materials and
finished products outside production units, filling station attendants,
and car washers, including working foremen who spend less than 50
percent of their. time performing supervisory functions, but excluding
the chief dispatcher, non-working foremen, and working foremen who
THE 'SHERWIN-WILLIAMS DEFENSE CORPORATION 337
spend a majority of their time performing supervisory functions, to
determine whether they desire to be represented by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Local No. 268, or by District 50, United Mine Workers
of America, Gas, Coke and Chemical Division, for the purposes of
collective bargaining, or by neither.
5. All carpenters, carpenters' helpers who work in connection' with
woodworking machinery in the carpenter shop, carpenter stockroom
clerks, millwrights, and working foremen who spend less than 50 per-
cent of their time performing supervisory functions, excluding the
carpenter and millwright superintendent, non-working foremen, and
working foremen who spend a majority of their time performing
supervisory functions, to, determine whether they desire to be repre-
sented by United Brotherhood of Carpenters and Joiners of America,
A. F. of L., or by District 50, United Mine Workers of America, Gas,
Coke and Chemical Division, for the purposes of collective bargaining,
or by neither. ,
6. All boiler operators and apprentices employed in the steam oper-
ations department. (including shift supervisors), facility operators,
technicians, and mechanics' helpers in the water pumping and filtra-
tion, sewer, and water and sewer maintenance departments (including
chief operators), firemen and oilers, including working foremen who
spend less than 50 percent of their time performing supervisory func-
tions, but excluding the sanitary and highway engineer,. common
laborers, non-working foremen, coal passers, the supervisor of steam
operations, and working foremen who spend a majority of their time
performing supervisory functions, to determine whether they desire to
be represented by International Union of Operating Engineers, Local
586, A. F. of L., and International Brotherhood of Firemen and
Oilers, Local 116, A. F. of L., or by District 50, United Mine Workers
of America, Gas,. Coke and Chemical Division, for the purposes of
collective bargaining, or by neither.
7. All steam-fitter plumbers, steam-fitter plumber helpers, and
welders and master welders working in connection with plumbing and
steam fitting, inch ding working foremen who spend less than-S0 per-
cent of their time performing supervisory functions, but excluding
the superintendent of plumbing and steam fitting, non-working fore-
men, and working foremen who spend a majority of their time per-
forming supervisory functions, to determine whether they desire to
be represented by Local 160, Plumbers and Steamfitters, A. F. of L.,
or by District 50, United Mine Workers of America, Gas, Coke and
Chemical Division, for the purposes 'of collective bargaining, or by
neither. -
504080-42-i-ol 46-22
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
8. All sheet-metal workers and welders working in connection with
sheet-metal work, including working,foremen who spend less than 50
percent of their time performing supervisory functions, but exclud-
ing the superintendent of sheet-metal workers, non-working foremen,
and working foremen who spend a majority of their time performing
supervisory functions, to determine whether they desire to be repre-
sented by Sheet Metal Workers, Local 268 of Southern Illinois, A. F.
-of L., or by District 50, United Mine Workers of America, Gas, Coke
-and Chemical Division, for the purposes of collective bargaining, or
by neither.
9. All painters and helpers, including working foremen who spend
-less than 50 percent of their time performing supervisory. functions,
but excluding the superintendent of painters, non-working foremen,
.and working foremen who spend a majority of their time performing
supervisory functions to determine whether they desire to be repre-
sented by International Brotherhood of Painters, Decorators, and
Paperhangers of America, Local 431, A. F. of L., or by, District 50,
United Mine Workers of America, Gas, Coke and Chemical Division,
.for the purposes of collective bargaining, or by neither.
10. All yardmen, yard conductors, assistant yardmasters, dispi tch-
,ers, yard brakemen or switchmen, and switch tenders, including work-
ing foremen who spend less than 50 percent of their,time performing
supervisory functions, but excluding non-working foremen and work-
ing foremen who spend a majority of their time performing super-
visory functions, to determine, whether they desire to be represented
'by Grand Lodge, Brotherhood' of Railroad Trainmen, or by, District
60, United Mine Workers of America, Gas, Coke and Chemical
Division, for the purposes of-collective bargaining, or by neither.
11. 'All the remaining production and maintenance employees, ex-
cluding messengers, timekeepers, professional employees, office, and
clerical employees, guards. fire fighters, safety inspectors, gang bosses,
.and all other supervisors of higher rank, to determine whether they
desire to be represented, by Maintenance and Production Employees,
affiliated with the International Hodcarriers, Building and Common
Laborers Union of America, A. F. of L., or by District 50, United
Mine Workers of America, Gas, Coke and Chemical Division, for the
purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.
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