Western Cartridge Co.

National Labor Relations Board - Board Decisions

May 15, 1941

31 N.L.R.B. 888 (N.L.R.B. 1941)

In the Matter Of WESTERN CARTRIDGE COMPANY and CHEMICAL
WORKERS, LOCAL UNION No. 22574, A. F. L.
Case No. R-2494.-Decided May 15, 1941
Jurisdiction : small arms ammunition and explosive manufacturing industry. .
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition ; contracts with individual employees,-no
bar to; written "basic" agreement teiminable upon 30 days' notice with an
organization which expressly waived any bargaining rights it might have
for employees in the unit found appropriate, no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : unit which coincides, with peti-
tioners' organization comprising- hourly paid production and maintenance
employees of the smokeless powder division of the Company, including hourly
paid foremen, technical employees, and maintenance clerks, but excluding
superintendents, general foremen, watchmen, and office employees, held to
constitute a unit appropriate for collective bargaining. -
Mr. R. H. McRoberts, of 'St. Louis, Mo., Mr. Donald W. Ebbert,
of Pittsburgh, Pa., and Mr. R. R. Casteel, of Alton, Ill., for the
Company.
Mr. Fred Olds, of St. Louis, Mo., for the Chemical Workers.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 28, 1941, Chemical Workers, Local Union No. 22574,
A. F. L., herein called the Chemical Workers,-filed with the Regional
Director for the Fourteenth Region (St. Louis, Missouri) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Western Cartridge Company,
East Alton, Illinois, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On April 14, 1941, the National Labor Relations
Board, herein called' the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-.- Series 2, as amended, ordered an
31 N. L. R B, No. 148.
888
WESTERN CARTRIDGE COMPANY ' 889
investigation and authorized the Regional Director to conduct it. and
to provide for an appropriate hearing upon'due notice.
On April 15, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Chemical Workers. Pursuant to notice a hearing was held on April-
21, 23, and 24, 1941, at East Alton, Illinois, before L. N. D. Wells,
Jr., the Trial Examiner duly designated by the Chief Trial Exam-
iner. The Company and the Chemical Workers were represented
by counsel or official representatives and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. ' During the course of the hearing the Trial Examiner
made various rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed. On May 8 and 12, 1941, respectively,
the Chemical Workers and the Company filed briefs which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Western Cartridge Company, a Delaware corporation, operates a
plant at East Alton, Illinois, where it is engaged in the manufacture,
sale, and distribution of small arms ammunition, explosives, brass,
brass specialties, traps, and targets. The raw materials used by
the Company include copper, lead, zinc, steel, paper, tin, limestone,
pitch, oil, lumber, wood, coal, and chemicals. During the year 1940,
the Company purchased for use at its East Alton plant raw materials
valued at approximately $9,000,000, of which more than 50 per cent
were purchased and shipped from points outside the State of Illinois.
During the same period, the Company manufactured and sold prod-
ucts of its East Alton plant valued at approximately $20,000,000,
of which over 50 per cent 'were delivered to points outside the State
of Illinois. The Company employs approximately 6,000 employees.
II. THE ORGANIZATIONS INVOLVED
Chemical Workers, Local Union No. 22574 is a labor organization
affiliated with the American Federation of Labor, admitting em-
ployees of the Company to membership.
Western Cartridge Employees Independent Union, herein called
the Independent, is an unaffiliated labor organization, admitting to
membership employees of the Company.
890 DECI'SION'S OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
In January 1941 the Chemical Workers began organizational
activities among the employees of the smokeless powder division
of the Company. On March 7, 1941, the Chemical Workers, requested
exclusive bargaining rights for such employees. After several con-
ferences with the Chemical Workers the Company refused to grant
such recognition, on the ground that the employees of the, smokeless
powder division do not constitute an appropriate unit.
The Company contends that a subsisting contract with the Inde-
pendent constitutes a bar to a present determination of representa-
tives. On August 12, 1937, the Company and the Independent
entered into a written "basic" agreement in which the Company
recognized the Independent as the exclusive bargaining representa-
tive of all employees of the Company at its East Alton plant and
provided that the Company would bargain collectively with the
Independent with respect to all matters not covered by individual
contracts of employment between the Company and its employees.,
The agreement further provided that 'it would be in force for 1
year "and thereafter until terminated by written notice given thirty
days in advance by either party to the other." No such notice of
termination has ever been given and since the execution of the
'contract and pursuant thereto, the Company and the Independent
have negotiated with respect to numerous terms and conditions of
employment. The results of these negotiations have been embodied
variously in memoranda, notices, and in the minute books of the
Independent.
We are•of the opinion and find that the basic agreement of August
1937 which is terminable at any time upon 30 days notice by either
of the parties does not constitute a bar to a present determination of
representatives.2 In addition, the Independent, which was not repre-
sented at the hearing, in a letter to the Regional Director, expressly
waived any bargaining rights it may have for the employees in the
unit found below to be appropriate.3 A report of the Regional
1 It is the practice of the Company to enter into a contract with each employee after he
has served a 3-months probationary period. Such contract is for a term of 6 months and
is extended from year to year thereafter. The basic agreement of August 1937 recites that
"Both the Company and its employees have valuable rights under said [individual] con-
tracts of employment which they desire to preserve, and said contracts are recognized as
valid and binding upon both parties thereto
9 Matter of Union Switch and Signal Company and United Electrical, Radio and Machine
117oikeis of America, Local 610, 30 N L R B 212, and cases therein cited It is plain
that the individual contracts of employment between the Company and its employees do not
constitute a bar to a determination of representatives. Matter of The Gates Rubber Com-
pany and Denver Printing Pressmen and Assistants Union No 40, and Denver Typographi-
cal Union, No. 49, 8 N. L. R. B 303 '
Cf. Matter of Sound Timber Company and International Woodworkers of America,
Locals 67 and 75, 8 N. L R B. 844
WESTERN CARTRIDGE COMPANY 891
Director introduced in evidence at:the hearing shows that the Chemical
Workers represents a substantial number of employees in the appro-
priate unit.'
We find that a question has arisen concerning the representation
of the employees of the Company. -
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described, in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Chemical Workers contends that all hourly paid production
and maintenance employees of the smokeless powder division of the
Company, including hourly paid foremen, technical employees, and
maintenance clerks, but excluding superintendents, general foremen,
watchmen,.and office employees, constitute a unit appropriate for the
purposes of collective bargaining. The Company claims that all
hourly paid employees of the Company with the exception of superin-
tendents and general foremen constitute an appropriate unit. -
The smokeless powder division is geographically separated from
the remainder of the Company's plant by a river, rod, and fence. The
sole physical connection between the smokeless powder division and
the remaining area of the Company's property is by a bridge over the
liver. In general, tetral, smokeless powder, and high explosives are
manufactured in the smokeless powder division. Approximately 60
per cent of the powder is used by the Company in the manufacture of
its munitions products. The remaining 40 per cent is sold to other
munitions makers. -
In support of its contentions, the Company asserts that the entire
plant is so functionally coherent and closely integrated that the unit
should be plant wide in scope. It further claims that the smokeless
powder division is only one of the Company's 41 departments and that
its geographic separation from the,remainder of the plant is required
by safety laws of the State. The Company, in urging the' broader
unit, relies, on its past bargaining history and the contract with the
4 The-Chemical workers filed 359 authorization cards, dated between January and April _
1941 , with the Regional Director, who found the signatures of 357 to be genuine and of
342 to be the names of persons on the pay roll of April 11 , 1941. There are 368 employees
in the appropriate unit. ,
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Independent. However, as we have indicated above,5 the Independent
has waived its claim to represent the employees • in the smokeless
powder division. The chemical workers has confined its organiza-
tional activities to the employees of that, division and has not sought
members among the employees of the other divisions of the plant.
In view of these circumstances, we are of- the opinion that a unit
which coincides with the extern, of the Chemical Workers' organization
is appropriate.
The Chemical Workers would,exclude, and the Company include,
office employees and watchmen, who are eligible to membership in.
the Independent if they are hourly paid. Because such employees
have interests and perform functions differing from those- of other
workers, we have excluded them from the appropriate unit in pre-
vious cases involving a similar dispute as to their inclusion.(, We
shall exclude them from the unit herein.7
We find' that all hourly paid production and maintenance em-
ployees of the smokeless powder division of the Company, including
hourly paid foremen, technical employees, and maintenance clerks,
but excluding _superintendents,' general foremen, watchmen, and
office employees, constitute a unit appropriate for the purposes of
collective bargaining, and that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining, and otherwise effectuate the policies
of the Act.
VI: THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Chemical Workers requested that the pay roll of April 19,
1941, be used to determine eligibility to vote. The Company asked
that a current pay roll be used, if the Board ordered an election.
We find no reason to depart from our customary practice and shall
accordingly direct that the employees of the Company eligible to
vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction.
5 See Section 111 , supra.
8 As previously stated, the Independent , whose contract covered these employees, has
waived all rights with respect to the smokeless powder division.
7See Matter of Lincoln Engineering Company and Tool it Die Makers Lodge 688 of the
International Association of Machinists , District No. 9, 25 N. L . R. B. 110; Matter of
Allied Laboratories, Inc (Pitman -Moore Division ) and Indianapolis Specialty Union No.
465, affi liated with the International Printing Pressmen and Assistants ' Union affiliated
with A F. L., 23 N L R B 184; Matter of The Electric Auto-Lit Company (Buckeye
Bumper Division ) and United Automobile Workers of America, Local 402, affiliated with
C. I. 0., 25 N. L. R. B. 123.
11
WESTERN CARTRIDGE COMPANY 893
Upon the basis of the above findings and upon the entire record
in the case , the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
senfation of employees of Western Cartridge Company, East Alton,
Illinois, within the meaning of*Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All hourly paid production and maintenance employees of the
smokeless powder division of the Company , including hourly paid
foremen, technical employees , and maintenance clerks, but excluding
superintendents , general foremen, watchmen, and office employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
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 , 49 Stat. 449 , and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives 'for the purposes of collective bargaining
with Western Cartridge Company, East Alton , Illinois , 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 Four-
teenth Region, acting in this matter as agent for the'National Labor
Relations Board, and subject to , Article III, Section 9 of said Rules
and Regulations , among all hourly paid-production and maintenance
employees of the smokeless powder division of the Corripany, who
were employed during the pay-roll period immediately preceding the
date of this Direction , including hourly paid foremen, technical
employees , maintenance clerks, and employees who did not work
during such pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding superintendents , general foremen,
watchmen , office employees , and employees who have since quit or
been discharged for cause , to determine whether or not they desire
to be represented by Chemical Workers, Local Union No. 22574,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
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