Western Cartridge Co.

National Labor Relations Board - Board Decisions

Jan 11, 1943

46 N.L.R.B. 948 (N.L.R.B. 1943)

In the Mattei - Of WESTERN CARTRIDGE COMPANY and AMERICAN"
FEDERATION OF LABOR AND AFFILIATED ORGANIZATIONS
In the Matter of EQUITABLE POWDER MANUFACTURING COMPANY and
AMERICAN FEDERATION OF LABORI'lAND AFFILIATED ORGANIZATIONS
In the Matter of WESTERN CARTRIDGE COMPANY, EAST ALTON MANU-
FACTURING COMPANY, AND EQUITABLE POWDER MANUFACTURING
COMPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, GAB,
COKE AND CHEMICAL DIVISION
Cases Nos. R-1[688, R- 4689, and'R-4690, respectively.Decided
January 11, 1943
Jurisdiction : ordnance manufacturing industry. ,
Investigation and Certification of Representatives : existence of question:
refusal to bargain without Board determination of appropriate bargaining
agencies ; election necessary.
Units Appropriate for Collective Bargaining : separate units determined for (1)
all production and maintenance employes, with specified inclusions and ex-
clusions, of the Western Company; (21) all production and maintenance em-
ployees, with specified inclusions and exclusions, of the Equitable Company;
(3) all guards of the Western Company, the Equitable Company, and a third
company, wholly-owned subsidiaiy of,W€stern Company, excluding chiefs,'
captains, lieutenants, sergeants,'and fire fighters.
Mr. Charles K. Hackler, for the Board.
Mr. R. H. McRoberts, of St. Louis, Mo., for the Companies.
Bartley d May fiield, by Mr. Waldo C. May field, of St. Louis, Mo.,
and Mr. Joseph Padway, by Mr. Robert Wilson, of Washington, D. C.,
for the A. F. of L.
Mr. E. Hartenstein and Mr. John Battuello, of Alton; III:; for Dis-
trict 50.
Mr. Louis Cokin, of counsel to.thwBoard.
DECISION
AND
DIRECTION "OF ELECTIONS
STATEMENT OF THE CASE
Upon separate' petitions and amended petitions i,,du1y, ,filed by
American Federation of Labor and Affiliated Organizations, herein
46 N. L. R. B., No. 110.
948
WESTERN CARTRIDGE COMPANY 949'
called the ' A. F.- of L., and District 50, United Mine Workers of
America, Gas,•Coke and Chemical Division , herein called District 50,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Western Cartridge Company, East
Alton Manufacturing :Company; and Equitable Powder Manufactur-
ing Company , all of East Alton, Illinois, ,herein collectively called
the Companies ,' the National Labor Relations Board consolidated
the cases and provided for an appropriate hearing upon due notice
before Jack G. Evans , Trial Eaminer . Said hearing was held at St.
Louis, Missouri , on December 22 and 23, 1942 . The Companies, the
A. F. of L., and District 50 appeared , participated , and were afforded
full opportunity to be heard , to examine and cross-examine witnesses,
and to introduce evidence hearing on the issues . The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, 'the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TILE COMPANIES
Western Cartridge Company is a Delaware corporation operating
a plant at East Alton,' Illinois, where it is engaged in the manu
facture, sale, and distribution of small arms, ammunition, explosives,
and brass articles of various kinds. During the period from January
1 to October 26, 1942, the Western Company purchased raw materials
for use at its East Alton plant valued at several million dollars, over
50 percent'of which was shipped to it from points outside Illinois.
During the same period the Western Company sold products from
its East Alton plant valued at several million dollars, over 50 percent
of'whicli was shipped to points outside Illinois.
East Alton Manufacturing Company is a Maryland corporation
operating a plant at. East Alton, Illinois, where it is engaged,in the
manufacture of smokeless powder. The `East Alton Company is a
wholly owned subsidiary of the Western Company. The East Alton
Company purchases raw materials valued in excess of $100,000 an-
nually, over 50 percent of which is shipped to it from points outside
Illinois, and ships finished products valued in excess of $100,000
annually to points outside Illinois.
Equitable Powder Manufacturing Company is engaged in the
manufacture of gunpowder at, East' Alton, Illinois. • During 1942 the
Equitable Company purchased raw materials valued in excess of
$100,000, over 25 percent of which was shipped to it from points out-
I The Companies are referred to individually, herein a5 the western Company , the East
Alton Company , and the Equitable Company , respectively.
950 DECISIONS OF NATIONAL ,LABOR- RELATIONS BOARD,
side Illinois. During the same period the, Equitable, Company sold
finished products valued in excess of $100,000, over 50 percent of
which was shipped to points outside Illinois.
Each of the Companies admits that it is engaged in comrherce
within the meaning of the National Labor Relations Act.
If. THE ORGANIZATIONS INVOLVED
'American Federation- of Labor" and Affiliated Organizations- is a
labor organization admitting to membership 'employees of the
Companies.
District 50, United Mine Workers of America, Gas,' Coke and
Chemical Division, is a labor organization admitting to membership
employees of the Companies. ,
III. THE QUESTIONS CONCERNING REPRESENTATION
The Companies refuse to recognize the A. F. of L. or District 50
as the representative of any of their employees until such time as
the Board determines the bargaining agent or agents of the employees.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the A. F. of L. and District 50 each
represents a substantial number of employees in the units alleged by
each to be appropriate .2
We find that questions affecting commerce have arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV.> THE APPROPRIATE UNITS
k
The A. F. of L. and District 50 contend that all hourly paid pro-
duction and maintenance employees at the East Alton plant of the
Western Company, including hourly paid foremen who spend over
2The Regional Director reported that the A F. of L presented 9,240 authorization
cards, and that District 50 presented 2,300 membership application cards , of employees
in the unit alleged to be appropriate in Case No. R-4688 The Regional Director's 10-
percent spot check of such cards indicates that 7,360 of the A F of L. cards bear
apparently genuine signatures of persons whose names appear on the Western Company's
pay roll of October 17, 1942 , and that 1 ;550 of District 50's cards bear apparently
genuine signatuies of persons whose navies appear on that , pay r611 There were 9.790
persons on the October 17, 1942 , pay roll With respect to Case No R-4689 , the Regional
Director reported that the A. F of L presented 45 authorization cards bearing apparently
genuine signatures of persons whose names appear on the Equitable Company 's pay roll
of October 1 5, 1942 . There are 54 employees on that pay roll. District r50 stated
that it has no interest in Case No R-4689 proceedings With respect to Case No R-4690,
the Regional Director reported that Distiict 50 presented 49 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Companies'
pay roll of December 16, 1942 , and that the A F of L presented 7 authorization cards
beaiing apparently genuine signatures of persons whose names appear on that pay roll.
There are 112 persons on'the December 16, 1942 , pay roll who , are in the unit alleged
to be appropriate in Case No R-4690 -
WESTERN CARTRIDGE COMPANY 951
50 percent of their time performing manual work, technical em-
ployees, production and maintenance clerical employees , and fire
fighters, but excluding superintendents , general foremen , guards, office
employees , and timekeepers , constitute a unit appropriate for the pur-
poses of collective bargaining . The A. F. of L. urges that the same
classes of employees at the Equitable Company constitute a separate
bargaining unit. District 50 and the A. F. of L . contend that all
guards employed by the Western Company, the East Alton Com-
pany and the Equitable Company, excluding chiefs, captains , lieuten-
ants, sergeants , and fire fighters , constitute a single appropriate bar-
gaining unit . The only controversy with respect to the units concerns,
production and maintenance employees of East Alton Company,
supervisory employees , technical employees , production and main-
tenance clerical employees , and fire fighters.
Production and maintenance employees of East Alton Company.-
The East Alton Company and the Western Company contend that the
production and maintenance employees of the East Alton Company
should be included in a unit of Western Company employees. On
May 15, 1941 , the Board found that the production and maintenance
employees of the Smokeless Powder Division of the Western Com-
pany constitute a separate appropriate bargaining unit.3 Thereafter
the Company and Chemical Workers, Local Union No. 22574 entered
into an exclusive bargaining contract covering such employees. At
the time of the hearing in the instant proceeding the contract between
the Company and the Chemical Workers was in the process of re-
negotiation and the parties were operating under an interim agree-
ment. The Smokeless Powder Division of the Western Company was
subsequently incorporated as a separate entity and is now known as
the East Alton Company. The Chemical Workers is not the same as
the A. F. of L . petitioner herein. Under the circumstances we find
that the production and maintenance employees of the East Alton
Company should not be included in the unit with Western Com-
pany 'employees..
Supervisory egnploye 'es.-The A. F. of L. and District 50 seek to
include in the units hourly paid foremen who spend more than 50
percent of their time performing manual duties and to exclude all
other employees of higher rank. The Companies urge that all super-
visory employees for whose actions they might be responsible in the
event of unfair labor practice charges should be excluded from the
units. The Companies have many groups of employees classified by
them as supervisory . The distinction between salaried , and hourly
paid employees is a nebulous one. The record does not disclose in
'Matter of Western Cartridge Company and Chemical Workers, Local Union No 225711,
AFL, 31 N L R B 888
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
many instances the position , function , - and extent of authority of
each employee who might be classified as supervisory. Under the
circumstances, we shall adopt the definition used in :the United States
Cartridge Company case 4 and shall include in the units all working
foremen, who spend less than 50 percent of 'their time performing
supervisory functions and exclude all employees of higher rank.
Factory clerical employees.-The A. F. of L. and District 50'urge
that such employees be included in the units' and the Companies
that they be excluded. The Companies employ many types of clerical
employees throughout their production and maintenance operations.
'Some of such employees keep records with respect to production, pre-
pare reports \vith respect to personnel changes, and prepare inter-
department memorandum, while others merely take dictation and act
as typists. Some are located in department offices while others,work
in the production and maintenance departments . We shall include all
factory clerical employees whose work is closely allied with that of
the production and maintenance employees but sliall exclude clerical
employees on the factory pay roll who merely act as stenographers
and typists.
Technical employees.-The A. F. of L. and District 50 urge that
such persons be included in the units and the Companies that they
be excluded. All, technical employees who appear, on the pay roll
of the Western Company or the Equitable Company are paid on a
salaried basis and are classed by the Companies as chemists, physicists,
engineers and other highly trained technical classifications. Inas-
much as all the technical employees involved are trained technical
experts, we shall exclude them from the units.
Fire fl hters.-The A.*F. of L. and District 50 urge that fire fighters
be included in the production and maintenance units for the Western
Company and the Equitable Company. The Companies contend that
such employees should be ' included in the same unit ` with guards.
The record shows that the Companies employ 23 fire fighters, 1 of
whom has designated District 50 and 2 the A. F. of L. as their bar-
gaining representatives . Inasmuch as neither the A:. F. of L. nor
District 50 has shown that it represents a substantial number of the
fire fighters , we shall not incl 'ude' such employees in any unit at
this time.
We find" that all production and maintenance employees of the
Western Company and the •Equitab]e Company at their East Alton
plants, including working foremen who spend less than 50 -percent of
their time performing supervisory functions , and production and
maintenance clerical employees , but excluding superintendents, gen=
eral foremen, working foremen who spend a majority or more of their
4 45 N. L . R. B 1043.
c .;.. _ WESTERN CARTRIDGE COMPANY -953,
time performing supervisory functions, and all supervisory employees,
of higher rank; guards; office employees, timekeepers, stenographers
and, typists -on the factory payroll, technical employees, and fire
fighters, constitute separate units appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
We. further find that all guards of the Companies at their East
Alton plants, excluding chiefs, captains, lieutenants, sergeants, and
firefighters, constitute a single unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETFRPMINATION OF REPRESENTATIVTS
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the
employees within the appropriate units 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 represerita-'
tives for the purposes of collective bargaining with Western Car-
tridge Company, East Alton Manufacturing Company, aid Equitable
Powder Manufacturing Company, all of East Alton, Illinois, elections
by secret ballot shall be conducted 'as early as possible, but ncit 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, agent for the National Labor Relations
Board and subject to Article III, Section 10, of said Rules and Regu-
lationis, among all employees of the Companies 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 em-
ployees in the armed forces of the United States who present them-
selves in' person at the polls, but excluding any who have since quit
or been discharged for cause: I '
1. All production and, maintenance employees of the Western
Company, including working foremen who spend less than 50 percent
954 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD
of'their time performing supervisory functions , and-production and
maintenance clerical employees , but excluding . superintendents, gen-
eral foremen , working foremen who spend a majority or more of their
time performing supervisory functions , and all supervisory em-
ployees of higher rank , guards, office employees , timekeepers , • sten-,
ographers and typists on the factory pay roll, technical employees
and fire fighters , to determine whether , they, desire to be represented
by American Federation of Labor ' and Affiliated Organizations, or
by District 50, United Mine Workers of America , Gas, Coke and
Chemical Division , for the purposes of collective bargaining, or by
neither.
2. All production and maintenance employees of the Equitable
Company, including working foremen who spend less than 50 percent
of their time performing supervisory functions , and production and
maintenance clerical employees , but excluding superintendents, gen-
eral foremen , working foremen who spend a majority or more of their
time performing supervisory functions , and all supervisory employees
of higher rank, guards ,- office employees , timekeepers , stenographers
and typists on the factory pay roll, technical employees, and fire
fighters, to determine whether or not they desire to be represented
by American Federation of Labor and Affiliated Organizations for
the purposes of collective bargaining.
3. All guards of the Companies , excluding chiefs , captains , lieuten-
ants, sergeants, and fire fighters, to determine- whether they desire
to be represented by American Federation of Labor and .Affiliated
Organizations, or by District 50, United Mink Workers of America,
Gas; Coke and Chemical Division , for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN Mirais took- no part in the consideration of the above
Decision and Direction of Elections.