Trojan Powder Co.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 403 (N.L.R.B. 1942)

In the Matter of TROJAN POWDER, COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS (AFL)
Case No: R-1541.Decided December 06, 19.4
Jurisdiction : explosives manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without Board certification : election necessary.
Unit Appropriate for Collective Bargaining : all employees in the powerhouse,
excluding the chief engineer, superintendents, clerks, and temporary laborers.
Mr. A. V. Ch,erbonnier, of New York City, for the Company.
Mr. William H. Thomas and Mr. Arnold M. Edelman, of Cleveland,
Ohio, for the Union,
Mr. Leon Novak, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating
Engineers (AFL), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Trojan Power Company, Sandusky, Ohio, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Max W. Johnstone, Trial Ex-
aminer. Said hearing was held at Sandusky, Ohio, on November 13,
1942. The Company and the Union appeared, participated, and 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 prejudi-
cial error and are hereby affirmed. On November 27, 1942, the Union
filed-a brief, which the Board has considered.
Upon the entire record in the case, the Board makes the following:
1 International Association of Machinists appeared , by its representative, and moved
to intervene . During the course of the hearing , however , it withdrdw its motion to
intervene.
46-N. L. R. B., No. 49.
403
404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Trojan Powder Company is a, New York corporation which' oper-
ates a plant owned by the United .States Government, at Sandusky,
Ohio, known as the Plum Brook Ordnance Works, under a contract
with the United States, Government. Large amounts of high explo-
sives are manufactured at the Plum Brook Ordnance Works. The
amounts of such explosives, for military reasons, were not revealed
at the hearing: The materials used in the manufacture of explosives
come into the State of Ohio from other States, and the finished prod-
ucts are transported to points outside the State of Ohio.
The Company operates the Plum Brook Ordnance Plant for the
Government on a fee basis. The Company admits that it is engaged
in commerce within the meaning of the National Labor, Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to August 1942, the Union requested the Company to recognize
it as the exclusive representative of certain of the Company' s employees.
The Company' refused this request until such time as the Union is
certified by the Board. ,
Evidence adduced at the hearing indicates that the Union represents
a substantial number of the employees in the unit hereinafter found
to be appropriate.2
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 ,
The Union contends that the appropriate unit consists of all em-
ployees in the powerhouse of the Company. The Company contends
that such a unit is inappropriate because of the alleged interchange of
personnel-between the powerhouse and personnel employed elsewhere
2 The evidence indicates that there are approximately 135 employees in the appropriate
unit, and that the Union reps esents approximately 86 of these ,employees. The Company
refused to furnish a pay roll, claiming it could not do so because of orders by the war
Department.
TROJAN POWDER, COMPANY 405
by the Company, and that the appropriate unit consists of all employees
in the plant.
The powerhouse is segregated from the rest of the plant and consists
of several buildings containing machinery for the pumping of water
from" L^ ake Erie, the generation .of steam for power and heating, and
certain miscellaneous equipment. The powerhouse would ordinarily
remain open for property protection even though the rest of the
plant were closed. It has its own separate scheme of promotion. Emn-
ployees assigned to the powerhouse wear , blue badges to distinguish
them from employees of the rest of the plant and those not wearing
blue badges may not enter the powerhouse premises without permis-
sion. The powerhouse personnel consists of approximately 135 em-
ployees, including operating engineers, operators , oilers, helpers , boiler
operators , firemen, coal handlers and passers , crane operators, water
testers, coal pulverization testers, boiler heat readers, clerks , truckers,
screen cleaners , coal samplers , millwrights, and laborers.
The clerks employed in the powerhouse check the time of the
employees and perform clerical duties for the silperintendents. We
shall exclude clerks from the appropriate unit.
Laborers who work regularly in the powerhouse, but 'not those tenm-
porarily assigned, shall be included in the appropriate unit.
We find that all employees in the powerhouse at the Company's
Plum Brook Ordnance Works, excludimig the chief engineer , the super-
intendents , the clerks, and temporary laborers, constitute a unit appro-
priate for the purposes of collective bargaining , within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We small direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the enI-
ployees :in•the appropriate unit whowere 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 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 Trojan , Powder
Company, Sandusky , Ohio, an election by secret ballot shall be con-
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ducted 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 Eighth Region, acting in this matter as agent
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 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 includ-
ing employees in the armed forces of the United States who present
themselves iii, person at the polls, but excluding any who have since
quit or been discharged for cause, to determine whether or not they,
desire to be represented by International Union of Operating Engi-
neers, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.