United States Cartridge Co.

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 -------------- 2 UERM (Laboratory) 104 30, -------------- 7 UERM (Pa'nters)------------------ 34 21 -------------- 0 UERM (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. UNITED 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