United States Cartridge Co.

In the Matter of UNITED STATES CARTRIDGE COMPANY (TYSON PLANT) and INTERNATIONAL BROTHERHOOD of TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL. UNION No. 604, AFL Case No. R-5813.-Decided August 31,1943 Mr. G. S. Hamill, of St. Louis, Mo., for the Company. Messrs. Dale Ferris and Paul K. Kaveney, both of St. Louis, Mo., for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local Union 604, AFL herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of United States Cartridge Company (Tyson Plant), St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles K. Hackler, Trial Examiner. Said hearing was held at St. Louis, Missouri, on August 10, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-ex- amine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. All parties were afforded the oppor- tunity of filing briefs with the Board. 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, a Maryland corporation, is pres- ently operating in St. Louis, Missouri, plants known as plant No. 1 and plant No. 2 under a cost plus a fixed fee operation contract in the 52 N. L. R. B., No. 48. 349 350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production of cartridges for the United States Government. Both plants, the machinery and equipment therein, the raw materials used and the finished products, are the property of the United States Gov- ernment. In connection with the operation of these plants, the Com- pany maintains a powder storage area known as the Tyson Powder Farm herein referred to as the Tyson plant, located at a distance of about 30 miles from the other two plants. The raw materials annually employed, consisting of copper, brass, manufactured powder and lead, amount to several million dollars in value. The finished products like- wise amount in value to several million dollars annually. The greater part of both materials and products is shipped to and from the State of'Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers, Local No. 604, is a labor organization affiliated with the American Federation of Labor, admitting to membership employ- ees of the Company. M. THE QUESTION CONCERNING REPRESENTATION On July 9,1943, the Union, claiming majority representation among the powder handlers employed by the Company at the Tyson plant; requested by letter that the Company recognize it as exclusive bar- gaining representative. The Company did not reply but subsequently took the position that it could not recognize any union until certifica- tion from the Board was secured. A statement of the Trial Examiner, introduced in evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a 'question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Aside from the category of foremen of production control, as to whom no agreement was reached, the parties stipulated at the hearing that the appropriate unit should consist of all powder handlers em- ployed.by the Company at its Tyson plant, excluding the supervisor 1 The Trial - Examiner reported that the Union had submitted 24 application -for-member- ship cards of which 22, dated between July 7 and 11, 1943 , bore the apparently genuine original signatures of persons whose names appear on the Company's pay roll of July 18. 1943. containing 36 names within the appropriate unit. UNIITED STATES CART'R'IDGIEi COMPANY 351 of powder storage and his assistant, and also excluding employees hav- ing authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action. With respect to the foremen of production control whom the Union would include within the appropriate unit, the Company takes no position but desires that the Board make a finding with respect'to the status of these particular employees. The foremen of production control employed by the Company are seven men whose duties include the giving df instructions to the powder handlers as to the place and type of work to be done. The foremen of production control also carry keys and are responsible for the locking and unlocking of the powder storage igloos. While the foremen in question spend the greater part of their time doing manual work along with the powder handlers, are paid on a similar hourly basis,2 are eligible to membership in the Union,3 require no particular training for their duties, and have no power to hire or discharge the employees working under their direction, the record discloses that they have the right to and in fact do recommend the discharge or transfer of em- ployees and that such recommendations are given considerable weight by the Company in determining its action in this respect. Since it thus appears that they may effect changes in the status' of employees or effectively recommend such action, we shall exclude foremen of production control from the appropriate unit 4 We find that all powder handlers employed by the Company at its Tyson plant, excluding the superintendent of powder storage, his assistant, the foremen of production control and all other supervisory employees with authority to hire,'promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recom- mend such action, 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 em- ployees 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. S Foremen of production control receive 10 cents an hour more than the men who work under them. 's The evidence reveals that an unspecified number of the foremen are members of the Union 4 See Matter of Pass and Seymour, Inc, 51 N L R B 1135 352 DL1CLSILONS OF I\WPIONAL LABOR RELATIONS BOARD 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 Relations Act, and pursuant to Article III; Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Dnu crm that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with United States Car- tridge Company, Tyson plant, 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 agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including 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 those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local Union 604, AFL, for the purposes of collective bargaining. CHAIRMAN Mnaas took no part in the consideration of the above Decision and Direction of Election.