American Bantam Car Co.

In the Matter of AMERICAN BANTAM CAR COMPANY and - UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (C. I. 0.) Cases Nos. R-5740 and R-5741 respectively.Decided September 13, 1943 Thorpe, Bostwick, Reed & Armstrong, by Mr. Kenneth G. Jackson, of Pittsburgh, Pa., and Mr. Zeno F. Henninger, of Butler, Pa., for the Company. Maurice Sugar and N. L. Smokier, by Mr. N. L. Smokier, of Detroit, Mich., and Mr. Harry G. Delin, of New Castle, Pa., for the Union. Miss Frances Lopinsky, of'counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon two petitions duly filed by United Automobile, Aircraft and Agricultural Implement Workers of America (C. I. 0.), herein called the Union, alleging that questions affecting commerce had arisen concerning the representation of employees of American Bantam Car Company, Butler, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate con- solidated hearing upon due notice before Henry Shore, Trial Ex- aminer. Said hearing was held at Butler, Pennsylvania, on July 23, 1943. The Company and the Union 'appeared, participated, and were afforded full opportunity to be heard, to examine and cross- ,examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and 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: 1 All facts were stipulated. 52 N. L. R. B., No. 96. 574 AMERICAN BANTAM CAR COMPANY FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 575 The Company is a Pennsylvania corporation engaged in the manu- facture of various parts for aerial torpedoes, amphibian trailers and. bomb pedal assemblies. In 1949, purchases of materials by the Com- pany for use at its plant at Butler, Pennsylvania, consisted princi- pally of steel, copper, bronze and brass of a value in excess of $2,000,000, 75 percent of which came from outside the Commonwealth of Penn- sylvania. For the same period, the value of the finished products of the Company was in excess of $2,000,000, approximately 100 percent of which was sold and shipped to points outside the Commonwealth of Pennsylvania. For the purpose of this proceeding, the Company admits that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATION INVOLVED United Automobile, Aircraft and Agricultural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. TIlE QUESTIONS CONCERNING REPRESENTATION On or before May 24, 1943, the Union by letter requested recognition as exclusive bargaining representative for the Company's maintenance and production employees, excluding executive, supervisory, clerical and plant-protection employees, which request the Company denied. On June 29, 1943, the Union filed a petition requesting certification as representative for the Company's plant-protection employees. On July 2, 1943, the Union made formal request upon the Company for Iecognition is representative of its plant-protection employees and the Company denied this request. A statement of the -Trial Examiner made at the hearing indicates that the Union represents a substantial number of the Company's em- ployees in each of the units herein found 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. 4 There are 901 names on the Company's maintenance-production pay roll for July 21, 1943. The Union submitted to the Trial Examiner 268 cards bearing apparently genuine original signatures, all corresponding with names appearing on said pay roll. There are 23 names on the Company's plant-protection pay roll for July 21, 1943. The Union sub- mitted to the Trial Examiner 19 cards bearing apparently genuine original signatm es, all, corresponding with names appearing on the plant-protection pay toll. 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNITS In substantial accord with the stipulation of the parties, we find that all production and maintenance employees at the Company's Butler, Pennsylvania, plant, including leadmen but excluding execu- tive, technical, clerical and plant-protection employees and all super- visory employees having authority to hire, promote, discharge, disci- pline or otherwise effect changes in the status of employees or effec- tively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. The Union requests a separate unit of plant-protection employees, exclusive of chief of police, lieutenants and sergeants, to be represented by the same local as the maintenance and production employees. These plant-protection employees have the duties usual to plant-pro- tection employees in other plants. They 'are all auxiliaries of the military police, are armed and uniformed. They are employed by the Company and their working conditions are regulated by the Com- pany. The Company objects to the organization of its plant-protec- tion employees on the ground that they are supervisory and confiden- tial employees and that their militarization is incompatible with unionization. Although we believe that their status is ample reason to exclude them from a unit comprised of other employees, it is no basis for depriving them of the benefits of the Act. In accordance with our settled policy respecting employees in this category we find that all plant-protection employees of the Company at its Butler, Pennsylvania, plant, excluding the chief, the lieutenants and the sergeant constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.3 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 the Direction of Elec- tions 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor s See Matter of Drava Corporation, 52 N. L. R B 322; Matter of Firestone Tire c6 Rubber Co. of Calsfornia, 50 N. L. R. B. 679; Matter of Aluminum Co. of America, 50 N L. R B 233; Matter of Chrysler Corporation of America, 44 N L R. B. 881. AMERICAN BANTAM CAR COMPANY 577 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 American Bantam Car Company, Butler, Pennsylvania, 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 Sixth 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 during the pay-roll period immediately preceding the date of this Direction, including employees who did not work dur- ing said pay-roll- period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding those employees who have since quit or been discharged for cause, to determine with respect to the employees in each unit, whether or not they desire to be represented by United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILus took no part in the consideration of the above Decision and Direction of Elections.