46 N.L.R.B. 339 (N.L.R.B. 1942)

United States Cartridge Co.

National Labor Relations Board - Board DecisionsDec 24, 1942

46 N.L.R.B. 339 (N.L.R.B. 1942)

In the Matter Of UNITED STATES CARTRIDGE COMPANY and LOCAL UNION No. 36, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL In. the Matter Of UNITED STATES CARTRIDGE COMPANY and LOCAL 825, UNITED `ELECTRICAL, RADIO, AND MACHINE WORKERS OF AMERICA (CIO) , In the Matter Of UNITED STATES CARTRIDGE COMPANY and PAINTERS DISTRICT COUNCIL No. 2, BROTHERHOOD OF PAINTERS, DECORATORS & PAPERHANGERS OF AMERICA, AFL In' the Matter Of UNITED STATES CARTRIDGE COMPANY and UNITED BROTHERHOOD OF 'CARPENTERS & JOINERS OF AMERICA, DISTRICT COUNCIL OF ST. Louls, AFL In the Matter Of UNITED STATES CARTRIDGE COMPANY and UNITED BROTHERHOOD OF WELDERS, CUTTERS AND HELPERS OF AMERICA In the Matter Of UNITED STATES CARTRIDGE COMPANY and LOCAL 825, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, CIO In the Matter of UNITD STATES CARTRIDGE COMPANY and LOCAL No. 604, INTERNATIONAL BROTHERHOOD OF TEAMSTERS CHAUFFEURS, ' WAREHOUSEMEN AND HELPERS OF AMERICA, AFL In, the Matter Of UNITED STATES CARTRIDGE COMPAT Y and BROTHER- HOOD OF RAILROAD TRAINMEN In the Matter, of UNITED STATES CARTRIDGE COMPANY and INTER- NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 9, AFL In the Matter Of UNITED STATES CARTRIDGE COMPANY and LOCAL 825, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, CIO Cases Nos . R-4084, and R-44465 tlzru R-4473, respectively SUPPLEMENTAL DECISION AND AMENDMENT TO DECISION AND DIRECTION OF. ELECTIONS December 24 ,19-112 On December 4, 1942, the National Labor Relations Board issued a Decision , Order , and Direction of Elections in the above-entitled 46 N. L . R. B., No. 41. 339 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD proceeding,' On December 8, X1942, Local 825, United Electrical, Radio and Machine Workers of America, 'herein called the UERM, filed a motion requesting amendment of the Board's Decision and Direction-of Elections -so as to afford it a place on the ballots in the elections directed by the Board among the sheet metal workers, painters, carpenters, and steam fitters.2 On December 17, 1942, the Regional Director submitted a supple- mental statement concerning claims of authorization for the purpose of representation, which is hereby made a part of the record herein. The Regional, Director's statement shows that the UERM represents employees within the sheet metal workers, carpenters, and steam fitters units but that it does not represent any employees in the painters unit. Accordingly, we shall grant the UERM's motion and accord it a place on the' ballot in the elections directed among the sheet metal workers, carpenters, and, steam fitters, but shall deny its request for a place on the ballot in the painters unit. On December 14, 1942, International Brotherhood of Firemen S, Oilers, Local No. 6, herein called the Fireinen, notified the Board that it claimed to represent employees included in one of the units found to be appropriate by the Board, and requested'that the Board exclude' such persons from that unit. The Firemen was not a party to the instant proceedings, althoubh it claims that certain employees of the Company, who are members of the Firemen were affected by the Decision and Direction of Elections., The Firemen further asserted that the oilers involved herein constitute an appropriate unit. - Under the circumstances, we shall grant the Firemen's request and shall exclude'oildrs from any unit which we have found appropriate in' this proceeding. We make no -determination, at this time, as to whether the employees claimed by the Firemen constitute an appro- priate unit., Building Service Employees Maintenance and Upkeep of Grounds and Buildings Union has requested that its name be omitted from the ballot among employees in the building and grounds maintenance unit. The request is granted and we shall amend the Direction of Elections accordingly. We shall also amend our Direction of Elections to designate the correct local of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. I We hereby amend our Decision by striking therefrom the second sentence on page 8 of the mimeographed, copy of our Decision, read- 1,45 N . L R B. 1043. ' On December 18, 1942 , the Boaid denied a motion of the UERM requesting that the Decision be amended to include chief adjusters and other similar working supervisors 3 No petition for investigation and certification of iepiesentatiies has been filed by the Firemen. - UNITED STATES CARTRIDGE COMPANY 341 ing as follows: "We shall include oilers, blacksmiths, and riggers in the, IAM unit,"; and substituting therefor the following sentence : "We shall include blacksmiths and riggers in the IAM unit, but shall exclude oilers." We further amend our Decision by striking there- from the word "oilers" in paraagraph number 8 on page 9 of the mimeographed copy. We further amend our Decision b y , striking therefrom paragraph 2 of Section V and substituting therefor the words "We shall not accord a place on the ballot to the UERM in the election among the, painters inasmuch as it has' not shown that it represents any such employees." IT IS HEREBY ORDERED that the Direction of Elections be amended by striking froir paragraph No. 2 the words "Local' No. 2604" and sub- stituting therefor the words "Local No. 604"; by striking from para- graph' No. 4 the words "whether or not they desire to be' represented by Local Union No. 36, Sheet Metal Workers International Associa- tion, affiliated with the American Federation of Labor, for the pur- poses of collective bargaining" and substituting therefor the words ""whether they desire,to be represented by Local Union No. 36, Sheet Metal Workers International Association, affiliated with the American Federation of Labor, or by Local 827, United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Indus- trial Organizations, for the purposes of collective bargaining, or by neither"; by striking from paragraph No. 6 the words "whether or not they desire to be represented by United Brotherhood of Carpenters and Joiners of America, District Council of St. Louis, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining" and substituting therefor the words "whether they desire to be represented, by United Brotherhood of Carpenters and Joiners of America, District Council of 'St. Louis, affiliated with the American Federation of Labor; or by Local 825, United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, for,, the purposes,. of. collective bargaining, or by neither"; by striking from paragraph No. 7 the words "whether or not they desire to be represented by Steam & Gas Fitters Local' No. 562, affiliated with' the American Federation of Labor, for the purposes of collective bargaining" and substituting therefor the words "whether they desire to be represented by Steam & Gas Fitters, Local No. 562, affiliated with the American Federation of Labor, or by Local 825, ,United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither"; by striking the word "oilers" in paragraph No. 8; and by striking from paragraph No. 9 the words "whether they desire to be represented by Local 825, United Electrical, Radio and Machine Workers of America, affiliated with the Congress 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Industrial Organizations , or by Building Service Employees Main- tenance and - Upkeep of Grounds and Buildings Union, affiliated with the American Federation of Labor, for the purposes of collective bar-. gaining, or by neither", and substituting therefor the'words "whether or not they desire to be represented by Local 825, United Electrical, Radio and ,Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining." MR.,GERARD D . REILLY took no part in the consideration of the above Supplemental' Decision and Amendment to Decision and Direction of Elections.