The United States Cartridge Co.

National Labor Relations Board - Board Decisions

Nov 3, 1942

45 N.L.R.B. 350 (N.L.R.B. 1942)

In the Matter of THE UNITED STATES CARTRIDGE COMPANY and PLANT
PROTECTION LOCAL 816, UNITED ELECTRICAL, RADIO AND MACHINE
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. R-4346.-Decided, November 3, 1942
Jurisdiction : cartridge manufacturing industry.
Investigation and Certification ' of Representatives : existence of question : re-
fusal to recognize any organization until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : guards at the two production
plants, excluding guards at powder storage plant and colored personnel office
who performed different type of guard duty, and chief, captains, lieutenants
and sergeants.
Definitions : guards who are civilian auxiliaries of the military police held to
have no duties denying them the right of self-organization and collective,bar-
gaining under the Act.
Mr. R. H. McRoberts, of St. Louis, Mo., for the Company.
Mr. William Senter, of 'St: Louis, Mo., for the Union.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Plant Protection Local 816, United
Electrical, Radio and Machine Workers of America, affiliated with
the Congress of Industrial Organizations, herein called the Union, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of The United-States Cartridge Com-
pany, St. Louis, Missouri, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before William W. Ward, Jr., Trial Examiner. Said
hearing was held at St. Louis, Missouri, on September 30, 1942.
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The
45 N. L. R. B., No. 56.
350
THE UNITED ^ STATES CARTRIDGE COMPANY 351
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed.
Upon -the-entire record in the case, the Board makes-the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The United States Cartridge Company, a Maryland corporation
and a subsidiary of the Western Cartridge Company, located at St.
Louis, Missouri, operates two plants under a cost plus a fixed-fee
operation contract in the production of cartridges for the United
States Government. Both plants, the machinery and equipment
therein, the raw materials used, and finished products are the prop-
erty of the United States Government. The principal raw materials
used are copper, brass, manufactured powder, and lead. The Com-
pany produces finished products annually in the amount of several
million dollars. While the Company concedes that the greater part
of these materials and products is shipped to and from the State of
Missouri, it contends, however, that it is not engaged in interstate
commerce within the' meaning of the National Labor Relations Act.
We find that the Company is engaged in commerce within the mean-
ing of the Act."
II. THE ORGANIZATION INVOLVED
Plant Protection Local 816, United Electrical, Radio and Machine
Workers of America, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership ' em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested the Company -to bargain with it as the
collective bargaining representative .of the Company's guards.. The
Company, however, refused to 'do so unless and until the Union was
certified by the Board. ,
A statement, of the Regional Director introduced into evidence
shows,that the Union represents a substantial number of employees
in the unit hereinafter found to be appropriate.2
I See Matter of the United States Cartridge Co. and International Brotherhood of Electri-
cal Workers , Local No.1, A. F . of L., et al., 42 N. L R. B 191
9 The Regional Director reported that the Union presented 279 authorization cards dated
as follows March 1942 , 3; May 1942 , 1 ; July 1942 , 65; August 1942 , 167; September, 27 ;
undated, 15 ; incorrectly . dated October 1942, 1. All , of the signatures affixed to 'the authori-
zation cards appeared to be genuine original signatures with the exception of-3-which-were
printed ; 253 of .the 276 genuine original signatures are names of persons appearing-on the
Company's pay roll as of August 29, 1942, containing 641 employees in the alleged unit.
At the hearing , the Union stated that on September 22, 1942, it presented to the' Regional
Diiector 43 additional cards, and on September 17 or 18, 1942, it presented 12 cards.
J
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We -find that a question affecting commerce has arisen concerning
the representation of employees of the Company,, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should be limited
to guards employed at the Company's main plant at 4300 Goodfellow
Avenue, excluding the chief of the plant-protection division, cap-
tains, lieutenants, and sergeants, and also excluding all guards at the
Tysson, Missouri, powder storage plant, and the employment offices
at 3000 Locust Street and 3028 Olive Street, and all other employees
, of the Company. At the hearing, the Company did not definitely
state 'its contentions in regard to the unit, but it appears 'from the
record that the Company desires to include the guards at the Tysson
plant in the unit.
The Company operates a main plant at 4300 Goodfellow Avenue,
which plant is divided into two plant areas. It also operates a
powder storage plant, at Tysson, Missouri, 26 miles from the main
-plant. The Company has two employment offices, one located at
3000 Locust Street, and another located on 3028 Olive Street. There
are approximately 800 guards, exclusive of the supervisory personnel,
employed by the Company in its plant-protection division. Most of
these 'guards are employed at the Goodfellow plant. There, are
approximately 114 guards, a captain and 5 sergeants employed at the
Tysson plant; 13 guards and a sergeant at the 3000 Locust Street
plant; and 1 guard at the colored employment office at 3028 Olive
.Street.
In general, the duties of the guards at the Goodfellow plant are
to protect all of the equipment and property of the Company. They
patrol the reservation, guard against sabotage and hazards of any
nature, check employees in and out of the reservation and the various
buildings, report violations of company rules and regulations, and
conduct visitors through the plants. The guards at the Tysson plant
do not perform the same duties, as the guards at the Goodfellow plant.
'Their main duty is to patrol and guard the powder storage plant and
its ;operations. The, guards stationed at the employment, fficoes a're
engaged primarily in preventing disorderly conduct. The Company's
-guards are civilian auxiliaries to the military police. However, as set
forth in our recent Chrysler decision,3 the relationship between the
Company and the plant-protection employees is that of employer and
employee. There is nothing in the duties of these employees to
See Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Auto-
mobile, Aircraft and Agracultural Implement Workers of America, affiliated with the C. I. 0.,
-44 N. L. It B. 881.
THE UNITED STATE'S CARTRIDGE COMPANY 353
warrant denying them the right of self-organization and collective
bargaining under the At.
Although the guards at the Tysson plant and at the two employ-
ment offices are eligible to membership, the Union has confined its
organizational activities solely to, the Goodfellow plant. Under all
the circumstances, we find that guards at the Goodfellow plant consti-
tute an appropriate unit. Our finding in this respect, however, does
not preclude'. a later determination, upon a proper' proceeding, of a
larger unit when organization has extended beyond the Good-
fellow plant.
The chief, captains, lieutenants, and sergeants of the guards super-
vise the work of the guards. We shall exclude them from the unit.
We find that all guards employed at the Company's main plant at
4300 Goodfellow Avenue, but excluding the chief, captains, lieuten-
ants, sergeants, and also excluding all guards at the Tysson, Missouri,
powder storage plant, at the 3000 Locust Street employment office,
and at the 3028 Olive Street colored employment office, 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 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
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 Rela-
tions 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 United
States Cartridge Company, St. Louis, Missouri, 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 Fourteenth Region,
acting in this matter as agents for the National Labor Relations
Board and subject 'to Article III, Section 10, 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.
493508-43-vol. 45-23
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during such pay-roll period because
-they were ill or on vacation 'or in the active military service or train-
ing of the United States, or temporarily laid of , but excluding
`employees who have since quit or been discharged. for cause, to
determine' whether or not they desire to be represented by Plant.
'Protection Local 816, United Electrical, Radio and Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
-for the purposes of collective bargaining.
. CHAIRMAN MII.LIS took no part in the consideration of the above
Decision and Direction of Election.
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