Blue Grass Ordnance Depot, Inc.

In the Matter Id BLUE GRASS ORDNANCE DEPoT, INCORPORATED, and AMERICAN FEDERATION OF LABOR Case No. 9-R-1743.-Decided June 11. 1945 Mr. Jack C. Shaffer, of Richmond, Ky., for the Company. Mr. Charles M. Elder, of Louisville, Ky., for the Union Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen concern- ing the representation of employees of Blue Grass Ordnance Depot, Incor- porated, Richmond, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Herbert J. Nester, Trial Examiner. Said hearing was held at Richmond, Kentucky, on May 10, 1945. 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: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Blue Grass Ordnance Depot, Incorporated, is a Kentucky corporation operating a depot at Richmond, Kentucky, where it ships, receives, and stores ammunition and general supply material for the Ordnance Depart- 62 N. L. R. B., No. 47 315 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment of the United States Army. The depot is operated under a cost-plus- fixed-fee basis contract with the United States Government. We find that the business of the Company affects commerce' within the meaning of the National Labor Relations Act. II. TIIE ORGANIZATION INVOLVED American Federation of Labor is a labor organization admitting to mem- bership employees of the Company. Ill. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as ' the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner of the Board, introduced into evi- dence 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the desires of the parties, that all militar- ized guards at the Richmond, Kentucky, plant of the Company, excluding the chief of guards, lieutenants, sergeants, corporals, and any other 'super- visory 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 collec- tive 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 employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, sub- ject to the limitations and additions set forth in the Direction. 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 I The Field Examiner reported that the Union submitted 59 membership cards There a*c approxi- mately 104 employees in the appropriate unit See Matter of Bethlehem-Fairfield Shipyard, Inc , 61 N. L R B 901. BLUE GRASS ORDNANCE DEPOT, INCORPORATED 317 pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Blue Grass Ordnance Depot, Incorporated, Richmond, Kentucky, 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 Ninth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, 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 em- ployees 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 and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether or not they desire to be represented by Ameri- can Federation of Labor, for the purposes of collective bargaining.