The United States Cartridge Co.

In the Matter of THE UNITED STATES CARTRIDGE COMPANY and PLANT PROTECTION LOCAL 816, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUS- TRIAL ORGANIZATIONS Case No. R-4346.-Decided, November 3, 1942 Jurisdiction : cartridge manufacturing industry. Investigation and Certification ' of Representatives : existence of question : re- fusal to recognize any organization until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : guards at the two production plants, excluding guards at powder storage plant and colored personnel office who performed different type of guard duty, and chief, captains, lieutenants and sergeants. Definitions : guards who are civilian auxiliaries of the military police held to have no duties denying them the right of self-organization and collective,bar- gaining under the Act. Mr. R. H. McRoberts, of St. Louis, Mo., for the Company. Mr. William Senter, of 'St: Louis, Mo., for the Union. Mr. Louis A. Pontello, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Plant Protection Local 816, United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Union, al- leging that a question affecting commerce had arisen concerning the representation of employees of The United-States Cartridge Com- pany, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held at St. Louis, Missouri, on September 30, 1942. The Company and the Union appeared, participated, and were af- forded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The 45 N. L. R. B., No. 56. 350 THE UNITED ^ STATES CARTRIDGE COMPANY 351 Trial Examiner's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. Upon -the-entire record in the case, the Board makes-the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The United States Cartridge Company, a Maryland corporation and a subsidiary of the Western Cartridge Company, located at St. Louis, Missouri, operates two plants under a cost plus 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, and finished products are the prop- erty of the United States Government. The principal raw materials used are copper, brass, manufactured powder, and lead. The Com- pany produces finished products annually in the amount of several million dollars. While the Company concedes that the greater part of these materials and products is shipped to and from the State of Missouri, it contends, however, that it is not engaged in interstate commerce within the' meaning of the National Labor Relations Act. We find that the Company is engaged in commerce within the mean- ing of the Act." II. THE ORGANIZATION INVOLVED Plant Protection Local 816, United Electrical, Radio and Machine Workers of America, is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to membership ' em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union requested the Company -to bargain with it as the collective bargaining representative .of the Company's guards.. The Company, however, refused to 'do so unless and until the Union was certified by the Board. , A statement, of the Regional Director introduced into evidence shows,that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.2 I See Matter of the United States Cartridge Co. and International Brotherhood of Electri- cal Workers, Local No.1, A. F. of L., et al., 42 N. L R. B 191 9 The Regional Director reported that the Union presented 279 authorization cards dated as follows March 1942 , 3; May 1942 , 1 ; July 1942 , 65; August 1942 , 167; September, 27 ; undated, 15 ; incorrectly. dated October 1942, 1. All, of the signatures affixed to 'the authori- zation cards appeared to be genuine original signatures with the exception of-3-which-were printed ; 253 of .the 276 genuine original signatures are names of persons appearing-on the Company's pay roll as of August 29, 1942, containing 641 employees in the alleged unit. At the hearing, the Union stated that on September 22, 1942, it presented to the' Regional Diiector 43 additional cards, and on September 17 or 18, 1942, it presented 12 cards. J 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We -find that a question affecting commerce has arisen concerning the representation of employees of the Company,, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union contends that the appropriate unit should be limited to guards employed at the Company's main plant at 4300 Goodfellow Avenue, excluding the chief of the plant-protection division, cap- tains, lieutenants, and sergeants, and also excluding all guards at the Tysson, Missouri, powder storage plant, and the employment offices at 3000 Locust Street and 3028 Olive Street, and all other employees , of the Company. At the hearing, the Company did not definitely state 'its contentions in regard to the unit, but it appears 'from the record that the Company desires to include the guards at the Tysson plant in the unit. The Company operates a main plant at 4300 Goodfellow Avenue, which plant is divided into two plant areas. It also operates a powder storage plant, at Tysson, Missouri, 26 miles from the main -plant. The Company has two employment offices, one located at 3000 Locust Street, and another located on 3028 Olive Street. There are approximately 800 guards, exclusive of the supervisory personnel, employed by the Company in its plant-protection division. Most of these 'guards are employed at the Goodfellow plant. There, are approximately 114 guards, a captain and 5 sergeants employed at the Tysson plant; 13 guards and a sergeant at the 3000 Locust Street plant; and 1 guard at the colored employment office at 3028 Olive .Street. In general, the duties of the guards at the Goodfellow plant are to protect all of the equipment and property of the Company. They patrol the reservation, guard against sabotage and hazards of any nature, check employees in and out of the reservation and the various buildings, report violations of company rules and regulations, and conduct visitors through the plants. The guards at the Tysson plant do not perform the same duties, as the guards at the Goodfellow plant. 'Their main duty is to patrol and guard the powder storage plant and its ;operations. The, guards stationed at the employment, ffic oes a're engaged primarily in preventing disorderly conduct. The Company's -guards are civilian auxiliaries to the military police. However, as set forth in our recent Chrysler decision,3 the relationship between the Company and the plant-protection employees is that of employer and employee. There is nothing in the duties of these employees to See Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Auto- mobile, Aircraft and Agracultural Implement Workers of America, affiliated with the C. I. 0., -44 N. L. It B. 881. THE UNITED STATE'S CARTRIDGE COMPANY 353 warrant denying them the right of self-organization and collective bargaining under the At. Although the guards at the Tysson plant and at the two employ- ment offices are eligible to membership, the Union has confined its organizational activities solely to, the Goodfellow plant. Under all the circumstances, we find that guards at the Goodfellow plant consti- tute an appropriate unit. Our finding in this respect, however, does not preclude'. a later determination, upon a proper' proceeding, of a larger unit when organization has extended beyond the Good- fellow plant. The chief, captains, lieutenants, and sergeants of the guards super- vise the work of the guards. We shall exclude them from the unit. We find that all guards employed at the Company's main plant at 4300 Goodfellow Avenue, but excluding the chief, captains, lieuten- ants, sergeants, and also excluding all guards at the Tysson, Missouri, powder storage plant, at the 3000 Locust Street employment office, and at the 3028 Olive Street colored employment office, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b)'of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were 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 Rela- tions 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 The United States Cartridge Company, St. Louis, Missouri, 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 Fourteenth Region, acting in this matter as agents 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. 493508-43-vol. 45-23 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD immediately preceding the date of this Direction of Election, includ- ing employees who did not work during such pay-roll period because -they were ill or on vacation 'or in the active military service or train- ing of the United States, or temporarily laid of , but excluding `employees who have since quit or been discharged. for cause, to determine' whether or not they desire to be represented by Plant. 'Protection Local 816, United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, -for the purposes of collective bargaining. . CHAIRMAN MII.LIS took no part in the consideration of the above Decision and Direction of Election. 1