United States Cartridge Co.

National Labor Relations Board - Board Decisions

Apr 23, 1943

49 N.L.R.B. 77 (N.L.R.B. 1943)

In the, .Matter Of UNITED STATES CARTRIDGE, COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE'WORKERS OF AMERICA, LOCAL 825
In the Matter of UNITED STATES CARTRIDGE COMPANY and AMERICAN
FEDERATION OF LABOR AND MUNITIONS MAKERS FEDERAL LABOR UNION
No. 23203
In the Matter Of UNITED STATES CARTRIDGE COMPANY and INTERNA-
TIONAL BROTHERHOOD OF' FIREMEN AND OILERS, LOCAL NO. 6,
A. F. OF L.
In the Matter Of' UNITED STATES CARTRIDGE COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 9, A. F. OF L.
III the Matter Of UNITED STATES CARTRIDGE COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, PLANT PRO-
TECTION LOCAL 816
In the Matter Of UNITED STATES CARTRIDGE COMPANY and UNITED
ELECTRICAL, RADIO aL' MACHINE WORKERS OF AMERICA, LOCAL 825
In the Matter Of UNITED STATES CARTRIDGE COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 825
In the Matter of UNITED STATES CARTRIDGE COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 825
Cases Nos. R-5066 through R-5073, respectively.Decided
April 23,1943
Mr. Jack G. Evans, for the Board.
M,r. R. H. McRoberts,, of St. Louis, Mo.,-foF-the Company.
Messrs. William Sentner and Otto H. Mashoff, of St. Louis, Mo., for
the UERM.
Mr. John R. Barr, of St. Louis, Mo., for the A. F. of L.
Mr. Larry Conners, of St. Louis, Mo., for the IAM.
Mr. Joseph P. Clark, of St. Louis, Mo., for the Oilers.
Mr. Louis Cokin, of counsel to the Board.
49 N. L. R. B., No 14
77
0
78 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
DIRECTION OF ELECTIONS
AND
ORDER'
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Electrical, Radio
& Machine Workers of America, Local 825 and Plant Protection
Local 816, herein called the UERM; American Federation of Labor
and Munitions Makers Federal Labor Union No. 23203, herein called
the A. F. of L.; International Brotherhood of Firemen and Oilers,
Local No. 6, herein called the Oilers; and International Association
of Machinists, District No. 9, herein called the IAM, alleging that
questions affecting commerce had arisen concerning the representation
9f employees of United States Cartridge Company, St. Louis, Mis-
souri, herein called the Company, the National Labor Relations Board
consolidated the cases and provided for an appropriate hearing upon
due notice before William F. Guffey, Jr.,- Trial Examiner.' Said
hearing was held at St. Louis, Missouri, on March 24 and 25, 1943.
The Board, the UERM, the A. F. of L., the IAM, and the Oilers
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. During the course of the hearing, counsel for
the A. F. of L. moved to dismiss the petition in Case No. R-5072. The
Trial Examiner reserved ruling. The motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
On April 1, 1942, the UERM filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF,. THE COMPANY
United States Cartridge Company is a Maryland corporation. It is
presently operating in St. Louis, Missouri, plants known as Plant
No. 1 and Plant No. 2 under 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,
1 We hereby sever Cases Nos R-5065 and R-5074 and shall not consider them herein.
The petitions in these cases were filed by Plant Protection Local 816 of the UERM and
by Local 825 of the UERM , respectively. The employees involved therein are ( 1) guards,
firemen , and safety engineers at the Tyson Powder Farm and (2 ) guard sergeants at the
main plant . We shall consider these cases in a subsequent decision.
UNITED STATES CARTRIDGE COMPANY 79
and the finished products are the property of the United States Gov-.
ernment . The raw materials annually employed, consisting of copper,
brass, manufactured powder, and lead, amount to several million
dollars in value. The finished products likewise amount to several
million dollars annually. The greater part of these materials and
products are shipped to and from the State of Missouri.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, Local 825,
and Plant Protection Local 816, are labor organizations affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
International Brotherhood of Firemen and Oilers, Local No. 6;
International Association of Machinists, District No. 9; and American
Federation of Labor and Munitions Makers .Federal Labor Union
No. 23203, are labor organizations affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any of the labor organizations
involved until such time as one or the other is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that each of the labor organizations represents a
substantial number of the employees in the unit alleged by each to be
appropriate. The compilation also points out the showing of the
labor 'organizations above with respect to the units claimed by their
adversaries.2
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 UNITS
A
The UERM seeks to establish five separate bargaining units: (1)
all production employees ; (2) all timekeepers ; ( 3) all laboratory and
2 See the following table.
Name of Union Number in
unit claimed
Contending
Union's rep-
i esentation
in unit
UERM A. F of L.
A F of L
UERM (Production)-------------------
7, 668
16,980
1,084
5, 311
2,174
-------- ------ ---------2 380
Oilers ------------------------------------ 155 47 59
,
--------------IAM 15 14 15 --------------
UERM (Timekeepers)------------------- 156 54 -------------- 2UERM (Laboratory) 104 30, -------------- 7UERM (Pa'nters)------------------ 34 21 -------------- 0UERM (Firemen) --_-__-_ ____- 71 53 -------------- 1
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
metallurgical employees; (4) all painters; and (5) all firemen and
safety engineers. The JAM urges that a separate unit of gunsmiths is
appropriate, the Oilers seeks a bargaining unit composed solely of
production oilers, and the A. F. of L. would set up a unit of persons
employed in restricted areas. The Company takes no position with
respect to the scope of the appropriate unit.or units.
The Company operates two plants known as Plant No. 1 and Plant
No. 2, at St. Louis, Missouri, where it is engaged 'in the manufacture
and loading of cartridges. The Company operates distinct-production
units, each consisting of a building for loading powder, a building
for primer loading, and an area for the assembling of the primer and
its compounds.
The UERM contends that all timekeepers of the Company, includ-
ing lead timekeepers, but excluding supervisory timekeepers and the
chief timekeeper, constitute an appropriate unit.
The UERM also contends for a unit of all employees engaged in
painting, glazing, and sign painting, excluding foremen and super-
intendents.
The UERM would also set up, all firemen and safety engineers at
Plant No. 1 and Plant No. 2 of the Company, including fire inspectors,
,as a separate unit.
The UERM also desires a separate unit of all chemical and metal-
lurgical operators at Plant No. 1 and Plant No. 2 of the Company.
Finally, the UERM requests a unit of all remaining production and
maintenance employees at Plant No. 1 and Plant No. 2 of the Company,
excluding foremen and supervisors of higher rank, all office and factory
clerical employees, all technical factory and office employees, and em-
ployees within units heretofore found by the Board to be appropriate.3
This unit would embrace the employees claimed by the A. F. of L.,
the Oilers, and the IAM.
The A. F. of L. contends that all production and maintenance em-
ployees in restricted areas and restricted buildings in Plants Nos. 1
and 2 of the Company, excluding supervisory employees with the
authority to hire and discharge, oilers, machine adjusters, and me-
chanical employees, constitute an appropriate unit. As stated above,
such employees are claimed by the UERM'as part of a"larger unit.
. The unit proposed by the -Oilers embraces all oilers employed in
Plant No. land Plant No. 2 of the Company, excluding powerhouse
3 The Boaid has heretofore found that guards, powerhouse and tunnel employees, elec-
tricians , trainmen , truck drivers, sheet -metal workers , maintenance carpenters , steani-
fitters, plumbers , tool and gauge employees , general machinists , and buildings and grounds
maintenance employees, constitute separate units for collective bargaining purposes. See'
United States Cartridge Company and Local Union No 36, Sheet Metal Workers' Inter-
national Association, AFL, et W, 45 N E. R. B , 1202 The United States Cartridge
Company and Plant Protection Local 816, United Electrical , Radio and Machine Workers
of drneraea, affiliated with the Congress of Industrial O)ganmzations, 45 N. L. R. B., 460.
UNITED STATES CARTRIDGE COMPANY 81
oilers. • ',As stated, above, such employees are claimed by the'UERM
as part of a larger unit.
The IAM desires to represent all gunsmiths employed by the Com-
pany, excluding foremen, and supervisors. Such persons are also
claimed by the UERM as part of a larger unit.
As indicated above, in Section III, the UERM, the IAM, the Oilers,
and the A. F.'of L. have organized substantial numbers of employees in
the,-groups heretofore described,, while the UERM has also enlisted
the membership of a considerable, number of employees in each of
the units urged by the A. F. of L., the Oilers, and the IAM, and the
A. F. of L. represents a considerable number of employees in the
residual production unit claimed by the UERM.
The residual production unit requested by the UERM conflicts with
.the claims of the A. F. of L., the IAM, and the Oilers. The A. F. of
L. seeks to exclude employees working in restricted areas or buildings
from the residual production unit; the Oilers desires to represent the
oilers; and the IAM seeks to represent the gunsmiths. Certain por-
tions of the Company's properties are restricted in order to prevent
the entrance into these areas of employees who do not rightfully belong
there. The restrictions are made because of the hazards connected
with the operations in those areas or because of the secret nature of
the operations performed therein. The operations performed in the
restricted areas are not basically different from the operations per-
formed elsewhere in the plant, and the Company's rules and regula-
tions governing working conditions, vacations, hours of employment,
and terms of employment, are applicable alike to employees in re-
stricted and nonrestricted areas. The Company requires no special
qualifications of the employees who work in restricted areas. The
Regional Director's statement, set forth in Section III, above, indi-
cates that ,a great many of the employees in the restricted areas have
designated the UERM as their bargaining representative, and further,
that the A. F. of L.'s organization among the Company's employees
has extended beyond the restricted areas. Under all the circum-
stances, we find that the employees in the restricted areas do not con-
stitute an appropriate bargaining unit and we shall dismiss the A. F.
of L.'s petition with respect thereto.
The employees claimed by the Oilers keep the production machin-
ery properly oiled and receive special training from the Company.
The oilers work under separate supervision from the regular produc-
tion employees. Thus it appears that the oilers constitute a homo--
geneous group. In this situation we shall permit the scope of the
bargaining unit to be determined in part by the results -of -a separate
election.
82 DEiCISIONS OF NATIONAL LABOR RELATIONS BOARD
The employees claimed by the IAM are skilled employees and must
have limited experience as machinists . They operate lathes and mill-
ing machines and their bench work is similar to that of the bench work
of machinists . In this situation we shall permit the scope of the bar-
gaining ,unit to be determined by the results of separate elections.
There' will be no final determination of the appropriate residual
production unit or units pending the results of the elections. The
groups choosing the IAM or the Oilers as their bargaining representa-
tives will constitute separate and distinct appropriate ' units. Those
groups choosing the UERM will, together with the remaining produc-
tion employees , if the latter also choose the UERM, constitute a single
appropriate unit. Inasmuch as the A. F. of L . claims employees iri
the residual production unit and shows representation among them,
we shall accord the A. F. of L. a place on the ballot in the election
which we shall direct for the residual production employees.
As previously stated, the UERM contends that chemical and metal-
lurgical laboratory operators of the Company , excluding general fore-
men, foremen , and assistant foremen, constitute an appropriate unit.
The A. F. of L . contends that such employees do not constitute an ap-
propriate unit and urges that the UERM 's petition with respect there-
to be dismissed . The A. F. of L . claims further that laboratory oper-
ators, who work within the confines of restricted areas, should be
included in the separate unit claimed by it for restricted area em-
ployees. However , as pointed out above , we have determined that a
separate unit of restricted area employees is inappropriate . The chem-
ical and metallurgical laboratory operators are under the supervision
of a chief metallurgist . Both-groups analyze raw material and the
component parts of the products in their different stages. The chem-
ical and metallurgical laboratory operators have had schooling and
training in chemistry and metallurgy amounting to a minimum of 2
years' college training . Thus it appears that the chemical and metal-
lurgical laboratory operators constitute a homogeneous group. We
shall find a separate unit of chemical and metallurgical laboratory
operators. However, inasmuch as the A. F. of L . claims employees in
this unit and shows some representation among them , we shall accord
it a. place on the ballot.
As previously stated, the UERM seeks a separate unit of all em-,
ployees of the Company engaged in painting ,, glazing, and sign paint-
ing, excluding foremen and superintendents . None of the other labor
organizations involved claimed to represent any of these employees.
The painters are engaged in painting buildings and production ma-
chinery throughout the Company 's operations , and the record indicates
that they are skilled employees . Inasmuch as all such employees are
members of a well defined craft and form a homogeneous group, we
shall find a separate unit of painters , glazers, and sign painters.
UNITED STATES CARTRIDGE COMPANY 83
The,UERM. would also set' up a separate unit of all timekeepers
employed by the Company. None of the other labor organizations
involved herein claim any of these employees . Timekeepers are in
charge of the timecards of the regular production and maintenance
employees , make out various reports which are submitted to the Com-
pany's office, and perform other clerical duties. Inasmuch as the duties
of the timekeepers are not similar to those of regular production and
maintenance employees, and since the timekeepers constitute a well
defined group , we shall find a separate unit of timekeepers.
The UERM would also set up a unit of all firemen and safety engi-
neers at Plant No. 1 and Plant No. 2 of the Company, including•firee
inspectors. The Company contends that safety engineers and fire in-,
.spectors should be excluded from the proposed unit on the ground that
they are supervisory employees . We shall discuss this contention
below. None of the other labor organizations claim any of the em-
ployees discussed in this paragraph. The Company maintains a fire
department for the protection of its property. The Company has a
group of fire fighters who keep the fire fighting equipment in proper
condition and respond to all fire alarms. The fire inspectors are
assigned to specified areas of the Company's property and are required
to keep those areas free of fire hazards. When a fire occurs, the fire
inspector in the given area in which the fire occurs assumes control and
direction of the fire fighters. Both the fire fighters and the-fire in-
spectors are a subdivision of the Company's safety department. Under,
the circumstances, we find that a unit composed of fire fighters and fire
inspectors in Plant No. 1 and Plant No. 2 is appropriate.
There remains for consideration the specific composition of the
voting units.
The UERM would exclude the following employees from the resid-
uary production voting group : foremen, supervisors of higher rank,
office and factory clerical employees , technical factory ^nd office em-
ployees, and employees within units heretofore found by the Board to
be appropriate .4 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 Oilers would exclude powerhouse oilers and supervisory em-
ployees from the` unit claimed by it to be appropriate. Since we
have already found that powerhouse oilers properly belong in another
appropriate unit, we shall exclude powerhouse oilers and supervisory
employees from the oilers ' voting group.
The IAM would exclude foremen and supervisors from its proposed
unit of gunsmiths . In accordance with our usual practice we shall
exclude foremen and supervisors from the gunsmiths ' voting group.
° See footnote 3, supra
531647-43-vol 49-7
i
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The UERM requests that lead timekeepers be included in'the unit
of timekeepers, but that the chief timekeeper and supervisory time-
keepers I be excluded. The Company agrees that supervisory time-
keepers and the chief timekeeper should be excluded but contends that
lead timekeepers'are supervisory employees. Each of the lead time-
keepers has from 8 to 10 timekeepers under him. The lead timekeepers
transmit orders from the Company's main offices to the timekeepers
and do not perform the same type of work as the employees under
them. Each of the lead timekeepers occupies a desk together with
the superintendent and the assistant superintendent. We find that
lead timekeepers are supervisory employees and we shall exclude them
together with supervisory timekeepers and the chief timekeeper from
the timekeepers' unit.
The UERM would exclude foremen and superintendents from the
painters' unit. In accordance,,vith our usual practice, we shall exclude
such persons from that unit.
The UERM, as stated above, would include fire inspectors and safety
engineers in the unit of firemen. The Company contends that,the
latter two classes of employees are supervisory and should be excluded
from that unit. The Company employs approximately 80 safety engi-
neers, each of whom is assigned to a particular area which he is re-
quired'to keep free of all hazards. The fire inspectors discussed above'
are under the supervision of the safety engineers. The record indi-
cates, and we find, that safety engineers are supervisory employees.
We shall exclude them from the firemen's unit. We have hereinabove
set forth the duties of the fire inspectors. We find, on the basis of
the record; that fire inspectors are not supervisory employees and that
they should be included in the unit.
- The UERM requests that general foremen, foremen, assistant fore-
men, and other supervisory employees be excluded from the unit of
chemical and metallurgical operators. In accordance with our usual
practice, we shall exclude such employees from that unit.
The, record does not disclose in most instances the extent of super-
vision exercised by working foremen. We shall, accordingly, and in
conformity with our finding in the prior cases involving the Company,5
exclude all working foremen who spend a majority of their time per-
forming supervisory functions and include the remainder in the units,
and shall further exclude all non-working foremen:
We find that the following groups of employees of the Company
constitute units appropriate for the purposes of collective bargaining,
within the-meaning of Section 9 (b) of the Act:
1. All timekeepers, including working foremen who spend less than
50 percent of their time performing supervisory functions, but exclud-
ing lead timekeepers, the chief timekeeper, supervisory timekeepers,
See footnote 3, supra.
UN ITED STATES CARTRIDGE COMPANY 85
and supervisory employees who spend a majority of their time per-
forming supervisory, functions.
2. All employees engaged in 'painting, glazing, and sign painting,
including working foremen who spend less than 50 percent of their
time performing supervisory functions, but excluding foremen, super-
intendents, and supervisory employees who spend a majority of their
time performing supervisory functions.
3. All firemen, including fire inspectors and working foremen who
spend less than 50 percent of their time performing supervisory func-
tions, but excluding safety engineers and supervisory employees who
spend a majority of their time performing supervisory functions.
4. All chemical and metallurgical laboratory operators, including
working foremen who spend less than 50 percent of their time per-
forming supervisory functions, but excluding general foremen, fore=
men, assistant foremen, and supervisory employees who spend a
majority of their time performing supervisory functions.
We shall order elections among the employees of the Company
within the groups described below :
1. All remaining production and, maintenance employees, excluding
foremen, supervisors of higher rank, all office and factory clerical
employees, technical factory and office employees, employees within
units heretofore found by the Board to be appropriate,6 production
oilers, and gunsmiths, to determine whether they desire to be repre-
sented by the UERM, or by the A. F. of L. for the purposes of collec-
tive bargaining, or by neither.
2. All production oilers, including working foremen who spend less
than 50 percent of their time performing supervisory functions, but
excluding powerhouse oilers and supervisory employees who spend
a majority of their time performing supervisory functions, to deter-
mine whether they desire to be represented by the UERM, or by the
Oilers, for the purposes of collective bargaining, or by neither.
3. All gunsmiths, including working foremen who spend less thait-
50 percent of their time performing supervisory functions, but exclud-
ing foremen and supervisory employees who spend a majority of their
time performing supervisory functions, to determine whether they
desire to be represented by the UERM, or by the IAM, for the purposes
of collective bargaining, or by neither.
As stated above, there will be no final determination of the residual
production and maintenance, the production oilers, or the gunsmiths
unit or units pending results of the elections to be ordered among the
groups of employees set out in the preceding three paragraphs. The
groups that choose the A. F. of L., the IAM, or the Oilers, as their
See footnote 3, supra
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining representative will constitute separate and distinct appro-
priate units. Those groups choosing the UERM will, together,,con-
stitute a single appropriate unit.
V. THE DETERMINATION. OF REPRESENTATIVES
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.
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 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 represent-
titives for the purposes of collective bargaining with United States
Cartridge Company, St. Louis, Missouri, elections by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the. date of this Direction of Elections, under the direction and
supervision of the Regional Director for the Fourteenth 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,
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 any such 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 timekeepers, including working foremen who spend less than
50 percent of their time performing supervisory functions, but exclud-
ing lead timekeepers, the chief timekeeper, supervisory timekeepers,
and supervisory employees who spend a majority of their time per-
forming supervisory functions, to determine whether or not they desire
to be represented by Local 825, United'Electrical, Radio & Machine
Workers' of America, affiliated with the 'Congress of Industrial
Organizations, for the purposes of collective bargaining.
2. All employees engaged in painting, glazing, and sign 'painting,
including working foremen who spend less' than 50' percent of their
time performing supervisory functions, but excluding foremen, super-
intendents, and supervisory employees who spend a majority of tli'eir
UNITED STATES CARTRIDGE COMPANY 87
time performing supervisory functions , to determine whether or not
they desire to be represented by Local 825 , United Electrical, Radio &
Machine Workers of America , affiliated with the Congress of Industrial
Organizations , for the purposes of collective bargaining. ,
-3. All firemen of the Company , including fire inspectors , and work-
ing foremen , who spend less than 50, percent of their time performing
supervisory ,functions , but excluding safety engineers and supervisory
employees who spend a majority of their time performing supervisory
functions , to determine whether or not they desire to be represented by
Plant Protection Local 816, United Electrical , Radio & Machine Work-
ers of America , affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
4. All chemical and metallurgical laboratory operators , including
working foremen who spend less than 50 percent of their time perform-
ing supervisory functions , but excluding general foremen , foremen,
assistant foremen and supervisory employees who spend a majority of
their tine performing supervisory functions, to determine whether they
desire to be represented by Local 525, United Electrical , Radio &
Machine Workers of America, affiliated with the Congress of Indus-
trial Organizations, or by American Federation of Labor and Muni-
tions Federal Labor Union No. 23203, affiliated with the American
Federation of Labor , for the purposes of collective bargaining, or by
neither.
5. All remaining production and maintenance employees, including
working foremen who spend less than 50 percent of their time per-
forming supervisory functions , but excluding foremen and supervisors
of higher rank , office and factory clerical employees , technical factory
and office employees, employees within units heretofore found by the
Board to be appropriate ,, production oilers, gunsmiths , and supervisory
employees who spend a majority of their time performing supervisory
functions , to determine whether they desire to be represented by Local
825, United Electrical , Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations , or by American Fed-
eration of Labor and Munitions Federal Labor Union No. 23203 , affil-
iated with the American Federation of Labor, for the purposes of col-
lective bargaining, or by neither.
6. All production oilers , including working foremen who spend less
than 50 percent of their time performing supervisory functions, but
excluding powerhouse oilers and supervisory employees who spend a
majority of their time performing supervisory functions , to determine
whether they desire to be represented by International Brotherhood of
Firemen and Oilers , Local No. 6 , affiliated with the American Federa-
tion of Labor, or by Local 825, United Electrical , Radio & Machine
Q See footnote 3, supra
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers of America, affiliated with the Congress of Industrial Or-
ganizations , for the .purposes of collective bargaining , or by neither.
7. All gunsmiths , including working foremen who spend less 'than
50 percent of their time performing supervisory functions , but ex-
eluding foremen and supervisory employees who spend a majority,of
their time performing supervisory functions , to determine whether
they desire to be represented by International Association of Ma-
chinists , District No. 9, affiliated with the American Federation of La-
bor, or by Local 825, United Electrical , Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining , or by neither.
ORDER
Upon the basis of the above findings of fact, and the entire record
in the case, the Board hereby orders that the petition filed by American
Federation of Labor and Munitions Makers Federal Labor Union No.
23203, affiliated with the American Federation of Labor, in Case No.
R-5067, with respect to the employees in the restricted areas, be, and it
hereby is, dismissed.
a