Federal Cartridge Corp.

In the Matter Of FEDERAL CARTRIDGE CORPORATION (TWIN CITIES ORD- NANCE PLANT) and AMERICAN FEDERATION OF LABOR, FEDERAL LABOR UNION No. 23220 In the Matter of FEDERAL CARTRIDGE CORPORATION (TWIN CITIES ORD- NANCE PLANT) and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIs- TRICT LODGE No. 77, AFFILIATED WITH THE A. F. OF L. Cases Nos. R-4883 and R-4884, respectively. Decided March 16, 1943 Jurisdiction : ordnance manufacturing industry., Investigation and Certification of Representatives : existence of question : refusal 'to accord either of competing unions recognition until certified by the Board ; elections necessary. Unit Appropriate for Collective Bargaining : single or separate units comprising, respectively, (1) machinists and machinists' helpers; and (2) remaining pro- duction and maintenance employees ; determination of dependent upon-sep- arate elections. Mr. George C. Stiles, of Minneapolis, Minn., for the Company. Messrs. William F. Wright, Frank T. Starkey, and William D. Gunn, of St. Paul, Minn., for the Federal Union. Messrs. Fred Lutz, James Ashe, John H. Niles, Frank T. Starkey, and William D. Gunn, of St. Paul, Minn., for the I. A. M.' Helstein and Hall, by Messrs. Douglas Hall, T. Louis Majors, Sam A. Swanson, and Simon Nelson, of Minneapolis, Minn., for the U. E. Cllr. William C. Raisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by American Federation of Labor, Federal Labor Union No. 23220, herein called the Federal Union, and Interna- tional Association of Machinists, District Lodge No. 77, affiliated with the A. F. of L., herein called the I. A. M., alleging that questions affecting commerce had arisen concerning the representation of em- ployees of Federal Cartridge Corporation, Minneapolis, Minnesota, at its Twin Cities Ordnance Plant, New Brighton, Minnesota, herein 48 N. L R. B., No. 19.. 92 FEDERAL CARTRIDGE CORPORATION 93 called the Company, the National Labor Relations Board consolidated the cases and provided. for an appropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. The hearing was held at Minneapolis, Minnesota, on February 13, 1943. The Company, the Federal Union, the I. A. M., and United Electrical, Radio and Ma- chine Workers of America, Local No. 1.152, affiliated with the C. I. O., herein called the U. E., appeared, participated, and were afforded full opportunity to be heard,-to-examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. The Trial Ex- aminer's rulings made at the hearing are free from prejudicial error and are'hereby affirmed. The I. A. M. and the U. E. 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 Federal Cartridge Corporation is a Minnesota corporation engaged in operating a Government-owned ordnance plant located near New Brighton, Minnesota. At this plant, known as the Twin Cities Ord- nance Plant, the Company manufactures ammunition for the United States Government. In its manufacturing operations the Company uses large amounts of raw materials (chiefly brass, chemicals, and explosives), which are shipped to the plant from points outside the State of Minnesota. All the ammunition manufactured by the Com- pany goes to the United States Government to be used in the prosecu- tion of the war.' The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED American Federation of Labor, Federal Labor Union No. 23220, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. International Association of Machinists, District Lodge No. 77, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. United Electrical, Radio and Machine Workers of America, Local No. 1152, is a labor organization, affiliated with the Congress of In- dustrial Organizations, admitting to membership employees of the Company. 1 Exact figures relating to the volume and value of raw materials , finished products, and the number of persons employed at the plant were not disclosed for security reasons. 94 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD HI. THE QUESTIONS CONCERNING REPRESENTATION , On or about December 1, 1942, the Federal Union requested the Com- pany to recognize it as the exclusive bargaining representative of em- ployees of the Company in an alleged appropriate bargaining unit. On or about December 15, 19,42, the I. A. M. notified the Company that it represented a majority of the employees of the Company in an alleged -appropriate bargaining unit, and requested ,recognition as their bargaining representative. The Company refuses to recognize either union unless and until it is certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the Federal Union and thtel. A. M. each represents a substantial number of-employees in the unit which each alleges is appropriate.2 We find that questions affecting commerce have arisen concerning the representation of the 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 DETERMINATION OF REPRESENTATIVES The Federal Union requests a unit comprised of all production and maintenance employees of the Company, excluding watchmen, guards, supervisors above the rank of working foremen, executives, office workers, firemen, oilers, stationary engineers, railway enginemen and trainmen, truck drivers and helpers, building trades mechanics employed on maintenance, outside window washers, confidential employees, chemists and laboratory technicians, fire department em- ployees, medical department employees, and machinists. The I. A. M. seeks a unit comprised 'of all employees of the Company engaged in any branch of the machinist trade, including employees engaged as tool, die, fixture, and instrument makers, machinists, machinists' helpers, mechanics who service and repair automobiles, trucks, tractors, and other motive equipment and machinery, sub- 2 The report of the Regional Director states that the Federal Union submitted a certain number of membership application cards bearing apparently genuine signatures , that a' comparison-of the signatures with the Company's pay roll of January 16, 1943, shows that 34 22 percent of the employees in the alleged appropriate unit had designated the Federal Union as their bargaining representative The Regional Director's report further states that the U E submitted application -for-membership cards beating apparently gen- uine signatures of 3.15 percent of the employees in the unit alleged appropriate-by the Federal Union , and that all of the signatures appearing on said cards bear the names of persons whose names appear on the Company's pay ioll of January 16, 1943. The Regional Director's report states that the I A U submitted 438 authorization cards, of which 389 bear apparently genuine signatures of persons in-the unit alleged appropriate by the I. A. 111 , which includes the names of 959 persons on the Company's pay roll of January 16, 1943 The Regional Director further states that the U. E sub- mitted 17 application -for-membership cards bearing apparently genuine siguatures of persons appearing on the Company's pay toll of Januaiy 16, 1943, which contains the names of 959 persons in the unit alleged appropriate by the I. A. M. FEDERAL CARTRIDGE CORPORATION 95 foremen (also designated as working foremen), leadmen, inspectors, and locksmiths. The U. E. contends that a plant-wide unit is appropriate. In the main, the unit claimed by the U. E. would include all the employees in each of the units claimed appropriate by the Federal Union and the I. A. M. The Company took no position with respect to the appropriate unit. The Machinists. The -Company's plant consists of a number of buildings which cover a large area of ground but are operated as a single manufacturing unit. Each production building maintains a separate macliine shop which handles minor repair work on the machines housed therein. There is also one central or general machine shop which is housed in a separate building and is under the super- vision of the Company's maintenance department, as distinguished from the machine shops in the production buildings, which are under the supervision of the production maintenance department. Each pro-' duction building machine shop, as well as the central machine shop, has its own tool crib which employs from,six to nine tool clerks. The I. A. M. claims that these tool clerks should be included in the craft unit. The Company also employs machinists in its tool and die division, which is located in a separate building. The L A. M. claims these machinists. The Company maintains a garage pool, in which there is a repair or maintenance shop employing several machinists and automobile mechanics who perform repair work on the Company's automobiles, trucks, tractors, and other motive equipment. The I. A. M. would include these mechanics and machinists in its craft unit. The I._ A. M. would also include in its craft unit the machinists employed in the railroad repair shop of the Company. The Company employs a number of inspectors in both the central machine shop and the tool and die division, whom the I. A. M. claims. The duties and functions of these inspectors require a knowledge of machine opera- tions, and it appears that many of these employees have been promoted , to their present positions from the position of machinists. A group of welders classified as sheet-metal workers, employed in the central machine shop, are also claimed by the I. A. M. Although the workers in the machine shops and the other machin- ists claimed by the I. A. M: are employed throughout the plant and are an integral part of the Company's entire operations, they never- theless constitute a sufficiently homogeneous and identifiable group to warrant establishing them as a separate unit. In view of these facts, and since it appears that there has been no history of bargaining upon an industrial basis, we are of the,opinion that the machinists should be permitted to bargain as a separate unit if they so desire. 96, DECISIONS OF NATIiONAL LABOR RELATIONS BOARD Working foremen, chief adjusters, and chief inspectors. Each building in the plant is under the'direct supervision of a superintend- ent. Under the superintendent are the general foremen and foremen. Next in line in this supervisory hierarchy are the subforemen, or work- ing foremen, who spend. approximately_70 percent of their time work- ing with the men,who'm they supervise. The remaining.30, percent of their time they spend in supervision. The unions agree that the working foremen should be included in the respective units. • There is a dispute, however, as to whether chief adjusters and chief in- spectors should be included in the industrial unit. The U. E. would exclude the chief adjusters and chief inspectors from the industrial unit, while the Federal Union would include them. The Company took no position with respect to the inclusion of any of these em- ployees. In each production building there are a' number of chief adjusters who supervise the work of adjusters, who in turn assist the production machine operators. The duties, responsibility and au- thority of the chief adjusters are similar to those of the working fore- men. They do not have the authority. to hire or discharge employees working under'them.' Since the chief 'adjusters and chief inspectors exercise no greater supervisory powers than do the working foremen 'whom the unions agree to include, and since each of these groups is engaged primarily in production work we shall include them in the unit. Employees presently covered by collective bargaining agreements. The record discloses that there are several groups of employees of the Company who are covered by'agreements between the Company and other labor organizations. These agreements were executed on Feb- ruary 11, 1943, prior to,the hearing. They cover (1) fire department employees, who are represented by the International 'Association of Fire Fighters; (2) truck drivers and helpers, who -are,represented'by General Drivers Union, Local No. 120; and (3) stationary engineers, who are represented by' International Union of Operating Engineers, Locals 34 and 36. In addition to these three groups of employees, the Company is negotiating a contract with the St. Paul and Minneapolis Trades,and Labor Council, which is to cover all building and con- struction trades employees of the Company. In accordance with the stipulation. of the parties, we shall exclude the fire department em- ployees, truck drivers and helpers, stationary engineers, and all building and construction trades employees- of the , Company. It also' appears that the Company employs 10 outside window washers who have been represented by Building Service Employees Union, A. F. of L., under an oral- agreement with the Company. ' The U. E. claims that these 10 employees should be included in the industrial unit, while the Federal Union would exclude them. Inasmuch as this FEDERAL CARTRIDGE CORPORATION 97 group of employees appears to be presently represented by Building Service Employees Union, A. F. of L., we shall exclude them. CONCLIIDING FINDINGS We-find that all machinists and machinists' helpers, employed by the Company at its Twin Cities Ordnance Plant located near New Brighton, Minnesota, including tool and die shop employees, auto- motive mechanics, and locksmiths, but excluding office workers, supervisors above the rank of working foremen, and all other em- ployees, may properly constitute a separate unit or be included with the other production and maintenance employees as part of a,larger unit. We hold, therefore; that the desires of the employees involved shall govern, and we shall direct that separate elections be held (1) among all machinists and machinists' helpers employed by the Com- pany at its Twin Cities Ordnance Plant located near, New Brighton, Minnesota, including tool and die shop employees, automotive mechanics, and locksmiths, but, excluding office workers, supervisors above the rank of working foremen, and all other employees, to de- termine whether they desire to be represented by' the I. A. M. or by the U. E.; for the purposes of collective bargaining, or by neither; and (2) among the remaining production and maintenance employees employed by the Company at its Twin Cities Ordnance Plant located near New Brighton, Minnesota, excluding machinists, machinists' ,helpers, tool and die shop employees, automotive mechanics, lock- smiths, watchmen, guards, supervisors above the rank of working foremen, executives, office workers, firemen, oilers, stationary, engi- neers, railway enginemen and trainmen, truck drivers and helpers, building trades mechanics employed on maintenance, outside window washers, confidential -employees, chemists and laboratory technicians, fire department employees, and medical department, employees, to determine whether they desire to be represented by the Federal Union or by the U. E., for the purposes of collective bargaining, or by neither. We shall accordingly direct that the questiQns concerning repre- sentation which have arisen be resolved by means of elections by secret ballot among the employees in the voting groups set forth above who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein,3 subject to the limitations and additions set forth iri the Direction. Upon the-results, of these elections will depend, in part, the de- termination of the appropriate unit or units. If a majority of the s The I A. M. and the Federal Union request that eligibility be determined by the pay-roll period immediately preceding the date of the notice of hearing. The U E. requests that the Board's normal practice be folloANed . Since no reason appears for selecting a different date, we shall follow our normal practice. 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees iii both-voting units select the U. E., they will 'constitute a single industrial unit. Otherwise, they will constitute two separate appropriate units. 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 Re- lations Act, and pursuant to Article III, Section 9, of Nationail 'L'abor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain the repre- sentatives for the purposes of collective bargaining with Federal Cartridge Corporation, Minneapolis, Minnesota, 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 Eighteenth 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 the groups of employees "described below who were employed by the Company at its Twin Cities Ord- nance Plant located near New Brighton, Minnesota, during the pay- roll period immediately preceding the date of this Direction, inchul- ing 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 employees who have since quit or been discharged for cause : (1) All machinists and machinists' helpers; including tool and die shop employees, automotive mechanics, and locksmiths, but ex- cluding office workers, supervisors above the rank of working fore- men, and all other erimp]oyees, to determine whether they desire to be . , represented by International Association of Machinists, District Lodge No. 77, affiliated with the A. F. of L., or by United Electrical, Radio and Machine Workers of America, Local No. 1152, affiliated with the C. I. 0., for the purposes of collective- bargaining, or by neither; and (2) All production and maintenance employees, excluding machinists, machinists' helpers, tool and die shop employees, auto- ' motive mechanics, locksmiths, watchmen, 'guards, supervisors above the rank of working foremen, executives, office workers, firemen, oilers, stationary engineers , railway enginemen and trainmen, truck drivers and helpers, building trades mechanics employed on mainte- FEDERAL CARTRIDGE, CORPIORAiTION $9 nance, outside window washers , confidential employees, chemists and laboratory technicians, fire department employees, and medical de- partment employees , to determine whether they desire to be repre- sented by American Federation of Labor, Federal Labor Union No. 23220, or 'by United Electrical, Radio, and Machine Workers of America, Local No. 1152, affiliated with the C. I. 0., for the purposes of collective bargaining, or by neither. a 1 521247-43-vol. 48--8