Atlas Power Co.

In the Matter of ATLAS POWDER COMPANY, WELDON SPRING ORDNANCE WORKS and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA, LOCAL 222, C. I. O. In the Matter of ATLAS POWDER COMPANY, WELDON SPRING ORDNANCE WORKS and ' INTERNATIONAL UNION OF OPERATING ENGINEERS, INDUSTRIAL LOCAL 513-D-AFL. Cases Nos. R-5811 and R-5812.-Decided September 6,1943 Mr. A. Earl Wyatt and Mr. John A. Walsh, of Weldon Spring, Mo., for the Company. Mr. Victor B. Harris and Mr. James O'Reilly, of St. Louis, Mo., 'fo'r the C. I. O. Mr. L. C. Marks and Mr. Duke Brindley of St. Louis, Mo., for the A. F. of L. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon separate petitions duly filed by United, Gas, Coke & Chemical Workers of America, Local 222, affiliated with the C. I. 0., herein called the C. I. 0., and International Union of Operating Engineers, Industrial Local 513-D-affiliated with the A. F. of L., herein called the A. F. of L., each alleging that a question affecting commerce had arisen concerning the representation of employees of Atlas Powder Company, Weldon Spring Ordnance Works, Weldon Spring, Missouri, herein called the Company, the National Labor Relations Board pro- vided for an appropriate consolidated hearing upon due notice before Jack G. Evans, Trial Examiner. Said hearing was held at St. Louis,, Missouri, on August 9, 1943. The Company, the C. I. 0., and the A. F. of L. 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 C. I. O. objected to the inter- vention of the A. F. of L. in Case No. R-5811 on the ground that the A. F. of L. had failed to show that it represents a sufficient number 52 N. L. R. B., No. 75. 473 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the employees affected by the proceeding. For reasons set forth below, the objection is overruled. The Company moved that the consolidated cases be severed upon the ground that confusion would result from consideration of the two cases together. The Company also moved to dismiss both petitions upon the ground that neither labor organization represents a substantial number of its employees. The motions of the Company are hereby denied. At the hearing the Company offered in evidence a certain letter which it proposed to issue to its employees in the event that the Board directs elections herein. The Trial Examiner rejected the proffered exhibit as immaterial, and the Company thereupon requested that the Board authorize it to issue the letter. We hereby affirm the Trial Examiner's ruling rejecting the exhibit in question and decline to rule upon the propriety of the Company's addressing this or a similar communica- tion to its employees. At this stage of proceedings under Section 9 (c) of the Act, lacking evidence as to all the relevant facts and circum- stances, it would manifestly be both impossible and improper for the Board to decide prospectively whether an employer's conduct will raise substantial and material issues with respect to"the conduct of a ballot,' or whether, upon the filing of a proper charge followed by complaint and hearing thereon such conduct might be found to constitute an unfair labor practice within the meaning of Section 8 of the Act. During the course of the hearing the Trial Examiner made rulings on a number of other motions and objections. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Atlas Powder Company is a Delaware corporation having its principal office and place of business at Wilmington, Delaware. The Company operates several plants, one called the Weldon Spring Ordnance Works at Weldon Spring, Missouri, which is the only plant involved herein; it is a Government-owned, contractor-operated plant and produces TNT and DNT. The raw materials used at said plant during the course of a year exceed $1,000,000 in value, a substantial portion of which is shipped from points outside the State of Missouri. During the same period TNT, valued at approximately $1,000,000, is shipped from the plant in question to points outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. ' See Article III, Section 10, of National Labor Relations Board Rules and Regulations- Series 2, as amended. ATLAS POWDER COMPANY H. THE ORGANIZATIONS INVOLVED 475 United Gas, Coke & Chemical Workers of America, Local 222, af- filiated with the Congress of Industrial Organizations, and Interna- tional Union of Operating Engineers, Industrial Local 513-D- affiliated with the American Federation of Labor, are labor organiza- tions admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The Company has refused to recognize either of the petitioning unions as the exclusive representative of the employees in the units claimed to be appropriate in the absence of certification by the Board. A statement of the Regional Director, introduced in evidence in- dicates that each petitioning union represents a substantial number of employees of the Company within the unit urged by said union and hereinafter found to be appropriate .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 Act. IV. THE APPROPRIATE UNITS In 1942 and the early months of 1943, upon the filing of petitions by the I. A. M. and various unions affiliated with the A. F. of L. and C. I. 0.,3 the unions and the Company entered into a series of agreements for determination of representatives in consent elections or by Regional Director's cross-check, as the results of which repre- sentatives were designated by employees of the Company and certified by the Regional Director, in 12 bargaining units, described in detail in Appendix A attached hereto. ' In the instant proceeding the parties have agreed to the estab- lishment of two additional bargaining units which will include all the remaining employees of the Company's Weldon Spring plant 2. In Case No. R-5811 the Regional Director's statement shows that the C. I. 0. submitted 817 membership cards , 537 of which bear the apparently genuine signatures of persons whose names appear on the Company's pay roll of July 13, 1943 , which pay roll contains the names of 1,479 employees Thirty-nine cards were dated in 1942; 436 in 1943; and 66 undated. The A. F of L submitted 191 authorization cards in support of its interest in Case No. R-5811, 43 of which bear the apparently genuine signatures of persons whose navies appear on the above-mentioned pay roll . None of the cards was dated. In Case No. R-5812 the A. F. of L submitted 258 membership cards, 59 of which bear apparently genuine signatures and names of persons whose names appear on the Company's pay roll of July 13, 1943 ; the pay roll contains the names of 189 employees . All the cards were undated. B International Union of Industrial Employees , International Brotherhood of Firemen and Oilers, International Brotherhood of Electrical Workers, and International Union of Operating Engineers , all affiliated with the A F. of L ; United Gas , Coke & Chemical Workers and United Electrical, Radio and Machine Workers of America, affiliated with the C. I. 0. 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD except office and technical workers, certain janitors and hospital and cafeteria employees . We see no reason to disapprove the stipulated units. In accordance with the agreement of the parties , we find that the following groups of the Company 's employees in the Weldon Spring plant constitute units appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the Act. (1) In Case No. R-5811 : All production employees in the box factory, acid area, TNT lines, magazine area, and loading docks; acid and TNT line repairmen permanently assigned to these areas; and janitors permanently assigned to change houses, acid and TNT lines, and magazine and loading dock areas ; excluding all other jani- tors, foremen and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such action , all other employees not specifically mentioned above, and all employees covered by the previously stipulated units ( listed in Appendix A). (2) In Case No. R-5812: All employees of the Company classified as maintenance laborers and wearing "L" badges, excluding foremen and all supervisory employees with authority to hire, promote, dis-. charge, discipline , or otherwise effect changes in the status of em- ployees, or effectively recommend such action , foremen , and all other employees of the Company. 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 in the appropriate units who were employed during the pay-roll period immediately preceding the date of our Direction of Elections herein, subject to-the limitations and additions set forth in said Direction. The C. I. O. urges the Board to deny the A. F. of L. a place on the ballot in Case No. R-5811 on the ground that the A. F. of L. has failed to show sufficient representation among the Company's employees in the appropriate unit. Since the A. F. of L. has made some showing of representation among said employees of the Company and inasmuch as an election is to be conducted, we shall accord it a place on the ballot. 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 Re- lations Board Rules and Regulations-Series 2, as amended, it is hereby ATLAS POWDER COMPANY 477 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Atlas Powder Company, Weldon Spring , 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 , 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 Regulations, among the employees in the units found appropriate in Section IV, above, who were employed by the Company at its Weldon Spring plant 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 employees who have since quit or been discharged for cause: (1) to determine, with respect to the employees in the unit described in paragraph ( 1) of Section IV, whether they desire to be represented by United Gas, Coke & Chemical Workers of America, Local 222, affiliated with the C. I. 0., or by International Union of Operating Engineers Industrial Local 513-D , affiliated with the A. F. of L., for the purposes of collective bargaining , or by neither ; and (2) to de- termine, with respect to the employees in the unit described in para- graph (2) of Section IV, whether or not they desire to be represented by International ' Union of Operating Engineers , Industrial Local 513-D , affiliated with the A. F. of L., for the purposes of collective bargaining. CI3AM-MAN MJLLis took no part in the consideration of the above Decision and Direction of Elections. APPENDIX "A" Firemen and Oilers Unit 1 Engine room employees Boiler room employees Ammonia oxidation compressor operators I. B. E. W. Unit 1 Outside electricians Line foremen Linemen Groundmen Firemen and Oilers Unit -2 Employees of purification plant in booster stations I. B. E. W. Unit 2 Electrical foremen Electricians Electrical maintenance men Electrical instrument men Telephone cablemen Splicers Armature Winders 478 DECISIONS OF NATIONAL Operating Engineers Unit 1 Operation engineers U. E. R. M. Unit Plant guards Operating Engineers Unit 2 Firemen Fire fighters Operating Engineers Unit 3 Diesel operators Switch foremen Switchmen Industrial Employees Union Unit 1 LABOR RELATIONS BOARD I. A. M. Unit Machinists Millwrights Diesel mechanics and helpers Automobile mechanics and helpers Operating Engineers Unit Railroad weight masters Railroad yard clerks 4 Operating Engineers Unit 5 Chauffeurs Drivers Maintenance mechanics Maintenance mechanics helpers