Atlas Powder Co.

In the Matter of ATLAS POWDER COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FED- ERATION OF LABOR In the Matter of ATLAS POWDER COMPANY and BROTHERHOOD OF RAILROAD TRAINMEN, UNAFFILIATED In the Matter of ATLAS POWDER COMPANY and HOTEL & RESTAURANT EMPLOYEES' & BARTENDERS' INTERNATIONAL ALLIANCE, LOCAL #118, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of ATLAS POWDER COMPANY and BROTHERHOOD OF PAINTERS, PAPERHANGERS & DECORATORS OF AMERICA, AFFILIATED, WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. R-5698 to R 3700, Inolusirve, Respectively, and R-3705.- Decided May 20,1942 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : Questions Concerning Repre- sentation: existence of questions : refusal to accord recognition to four peti- tioning organizations until they are certified by the Board ; previous consent card checks conducted by the Regional Director, subsequent bargaining nego- tiations based thereon, and existing contracts, held not to constitute a bar to a determination at the present time, because of the rapid and continuing increase in the number of employees and the terminable nature of the con- tracts-Resolving the Questions: elections necessary ; labor organization allowed on ballot even though it made no showing of representation in the particular unit, since an election is ordered in such unit and the organization made a showing of representation in the broader unit for which it contended ; new petitions will be entertained at any time following the issuance of certifi- cations in this proceeding, provided the Board is satisfied, under all the cir- cumstances then shown, that a question concerning representation affecting commerce has arisen. Units Appropriate for Collective Bargaining : (1) all chauffeurs, bus drivers, truck drivers, greasers, washers, and auto railer truck drivers; (2) all yard conductors, brakemen, switch tenders, and block station attendants, engaged in switch tending, excluding general yardmasters, yardmasters, and assistant yardmasters; (3) all yardmasters and assistant yardmasters, excluding gen- eral yardmasters; (4) all first cooks, swing cooks, butchers, second cooks, fry cooks, salad men, vegetable cooks, yard men, salad women, pot washers, counter men, counter girls, bus girls, bus boys, dish washers, tray washers,. cleaning women, maids, porters, cashiers, bartenders, and stockroom men, excluding executive, office, clerical, and supervisory employees; and (5) ally painters, sign painters, and glaziers, in the maintenance department. 41 N. L. R. B, No 29. 127 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mr. Ramey Donovan, for the Board. Mr. J. A. Laughlin, for the Company. Mr. Jesse Gallagher, of Cleveland, Ohio, Mr. Paul Lavoe, Jr., of Akron, Ohio, and Mr. Homer E. Harris, of, Kent, Ohio, for the Teamsters. 'Mr. T. C. D ethlo ff, of Akron, Ohio, for the Alliance, the Machinists, and the Teamsters. Mr. D. Lyle Mahan, of Akron, Ohio, for the Machinists.. Mr. C. E. Raleigh and Ruth Raleigh, of Akron, ' Ohio, for the Alliance. Mr. Stanley Denlinger and Mr. John C. Donald, of Akron, Ohio, for the Mine Workers. Mr. Charles. S. Culver, of Ravenna, Ohio, for the Arsenal Workers. Mr. J. A. Zanger, of Chicago, Ill., for the Trainmen. Mr. S. C. Phillips, of Cleveland, Ohio, for the Firemen. Mr.' R. H. Phillips, of Cleveland, Ohio, for the Operating En- gineers. Mr. William - T. Hawkins, of Kent,. Ohio; and Mr. William F. Shultz, of Cleveland, Ohio, for the Painters. Mr. Charles Coakwell, of Cleveland, Ohio, for the A. F. of L. Mr. W. A. Fleete, of Cleveland, Ohio, for the Switchmen. Mr. George A. Koplow, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF TI-IF CASE ' Upon- petitions duly filed by International Brotherhood of Team- sters, Chauffeurs; Warehousemen &Helpers of North America, affili- ated with the' American Federation of Labor, herein called the Teamsters,'- Hotel & Restaurant Employees' & Bartenders' Inter- national Alliance,- Local $ 118, affiliated with the American Federa-' tion.of Labor, herein called the Alliance, Brotherhood of Railroad Trainmen, unaffiliated, herein called the Trainmen, and Brotherhood of Painters, Paperhangers & Decorators of America, affiliated with the American Federation of Labor, herein called the Painters, alleg- ing that • questions affecting commerce had arisen concerning the representation of employees of Atlas' Powder Company, Ravenna, ' Each of the labor organizations , as well as the Company , were referred to in the record and in certain of the formal papers by appellations differing slightly from those employed heroin We have adopted the designations set forth in the record in the stipu- lations regarding labor organizations and the business of the Company , and have changed the captions in the cases to conform with such designations ATLAS POWDER COMPANY 129 Ohio, herein called the Company,- the National Labor, Relations Board, herein called the Board, provided for an appropriate hearing upon due notice before Earl S. Bellman, Trial Examiner. Said hear- ing was held at Ravenna, Ohio, on April 1, 3, and 4, 1942. The Com- pany; the Teamsters; the Alliance; the Trainmen; the Painters; International Association of Machinists, affiliated with the American Federation of Labor, herein called the Machinists; Brotherhood of Locomotive Firemen and Enginemen, unaffiliated; herein called the Firemen; Switchmen's Union of North America, affiliated with the American Federation of Labor, herein called the Switchmen; Na- tional Arsenal Workers of America, unaffiliated, herein called the Arsenal Workers; District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Mine Workers; International Union of Operating Engineers, affiliated with the American Federation of Labor, herein called the Operating Engineers; and American Federation of Labor, herein called 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 on the issues. The Trial Ex- aminer's rulings made- at the hearing are free from prejudicial errors and are hereby affirmed. Briefs, which the Board has con- sidered, were filed by the Firemen, the Mine Workers, the Machinists, and the Alliance. - Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT- I. THE BUSINESS OF TILE COMPANY Atlas Powder Company is a Delaware corporation engaged in oper- ating a shell and bomb-loading plant at Ravenna, Ohio. The plant covers more that 25,000 acres and has more than 1,000 buildings. The principal materials used in the plant are shell and bomb casings, of which more than 50 percent come from outside the State of Ohio. All the finished products, which consist of loaded bombs and shells valued at more than 1 million dollars per month, are shipped outside the State of Ohio. The Company does not contest the jurisdiction of the Board. II. TIIE ORGANIZATIONS INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of North America; International Association of Machinists; Switchmen's Union of North America; Hotel & Restau- rant Employees' & Bartenders' International Alliance, Local #118; 4,V,81)2-42-% of 41--9 130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Union of Operating Enginees; and Brotherhood of Painters, Paperhangers & Decorators of America, are all labor organ- izations affiliated with the American Federation of Labor. District 50, United Mine Workers of America, is a labor organiza- tion affiliated with the Congress of Industrial Organizations. Brotherhood of Locomotive Firemen and Enginemen, Brotherhood of Railroad Trainmen, and National Arsenal Workers of America, are unaffiliated labor organizations. Each of the above organizations, admits to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION Each of the four petitioning organizations demanded that it be recognized as the exclusive representative of certain employees. The Company refused the requests because of the earlier proceedings set forth below. In August 1941 the Company took possession of most of the plant facilities from the construction company, and commenced operations with approximately 500 employees. At the time of the hearing there were approximately 10,000 employees, with new employees being hired at the rate of "several hundred" weekly. Every employee of the construction company, like every new employee, had to file an employment application with Atlas Powder Company. While there was no direct transfer of personnel, many employees of the construc- tion company were rehired by Atlas Powder Company. Upon a petition filed jointly by the Firemen, the Machinists, the Switchmen, and the Arsenal Workers,2 on August 27, 1941, an agree- Inent for a consent pay-roll check was reached, the agreement stating that the following employees constituted the appropriate unit : All production, maintenance and transportation employees .. . including laborers, miscellaneous employees and leaders, but ex- cluding guards, clerical and office employees, stationary engineers, stationary firemen and oilers, stationary firemen's helpers and all salaried employees in a supervisory or confidential capacity.' The consent check, as reported by the Regional Director on Septem- ber 6, 1941, showed 317 employees in the above unit on September 3, 1941, of whom 163 had designated the 4 jointly petitioning organiza- 2 Case No. VIII-R-587 6(1) Case No R-3698: The teamsters presented signed authorization cards dated from hood of Firemen and Oilers herein called the Oilers, attended a conference on the petition. The Trainmen withdrew, stating that they had no evidence of representation among the employees As a result of the intervention of the Operating Engineers and the Oilers, the stationary engineers , stationary firemen and oilers, and stationary fire- men's helpers were excluded from the stipulated unit. ATLAS POWDER COMPANY 131 tions as their representatives. On September 8, 1941, the Trainmen filed objections to the Regional Director's report, and on September 20, 1941, the Regional Director overruled the objections. On or about December 13, 1941, the four organizations signed separate identical- copies - of a contract with the Company, the con- tract stating that it shall be modified or terminated at any time upon a certification by the Board that any organization other than the four has been designated as the bargaining agent. On September 13, 1941, the Operating Engineers and the Oilers jointly filed a petition,4 and on September 30, 1941, an agreement was reached for ti consent pay-roll check, the unit being, "all station- ary engineers, stationary , firemen and oilers, stationary firemen's helpers." The consent check, as reported by the Regional Director on October 4, 1941, showed 13 employees in the above unit on Sep- tember 30, 1941, of whom 11 had designated the 2 jointly petitioning organizations as their representatives. Thereafter the Company negotiated with representatives of the 2 organizations jointly, and in December 1941, a tentative agreement was reached which has not yet been signed by both parties, although it has been operative as to certain matters. In view of the-rapid and continuing increase in the' number of employees in the plant and the terminable nature of the contracts,'we do not consider the consent-card checks, the subsequent negotiations, or the contracts as a bar to a determination at the present time of the questions concerning representation. The evidence shows that each of the four petitioning-organizations and certain of the intervening' organizations represent substantial numbers of employees' in the respective units hereinafter found to be appropriate .5 * Case No VIII-R-600 5 (1) Case No R-3698: The Teamsters presented signed authorization cards dated from December 1941 through March 1942 together with other evidence , tending to show that it repsesents,allotal of 87 employees on the March 27 , 1942 pay , roll of the Company in the unit hereinafter found to be appropriate. The Arsenal workers presented signed application and authorization cards 'and petitions, dated from August 1941 through March 1942 , together with certain dues records, tending to show that- is represents a- total of 125 employees on the March 27, 1942 , pay roll of the Company in said unit. The 'March 27 . 1942„pay roll shows a total of 266 employees in said unit (2) Case No R-3899 . The Trainmen presented 81 signed authorisation cards, largely dated in March 1942 and the Switchmen presented 56 signed authorization cards largely dated in Pebiuary and March 1942, with the names of employees on the March , 27, 1942, pay roll of the Company in the larger unit (excluding yardinasters and assistant_yaidmasters) hereinafter found to be appropriate The Maich 27, 1942, pay roll shows it total of 110 employees in said unit The Trainmen also piesented 5 signed authorization cards dated in March 1942 with the names of employees on the March 27, 1942, pay roll of the Company in the unit of yai dmastei s and assistant yaidmastei s hereinafter found to be appropriate The March 27, 1942, pay roll shows a total of 6 employees in said unit (3) Case No R-3?00 The Alliance presented 91 index cards showing dues , initiation, and reinstatement tees last paid from October 1941 to May 1942 by 91 employees on 132 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. Case No. B-3698 The Teamsters contends that the chauffeurs, bus drivers, truck drivers, greasers, washers, and auto railer truck drivers of the Com- pany constitute a unit appropriate for the purposes of collective bargaining. The Arsenal Workers and the Mine Workers, the only other organizations claiming to represent any of the employees in- volved, claim that the requested unit is not appropriate and that the employees in question are part of the residual, semi-industrial units which they respectively claim to be appropriate. The Company takes no position on the unit. The unit requested includes the approximately 256 drivers in the transportation department and the 10 in the maintenance department. At the time of the hearing there were no greasers or washers, this work being done by -mechanics' helpers when necessary, but there is some prospect that greasers and washers may be employed in the future. The auto railer truck drivers operate trucks which run largely on roads, but run part of the time on railroad tracks, on a set of auxiliary wheels 6 ' Since September 1941 the Asenal Workers has bargained for the employees in question, and the wage rates for such employees, as set forth in the contract of December 13, 1941, were negotiated by the Arsenal Workers. However, as stated above, from the terms of said contract and because of the rapid expansion of the plant, we do not consider the previous card check or contract a bar to a present redetermination of the unit question. Because of the nature of their duties, and from all the circumstances in the case, we find that all chauffeurs, bus drivers, truck drivers, greasers, washers, and auto the March 27, 1942, pay roll of the Company in the unit hereinafter found to be appropriate . Said pay roll shows a total of 156 employees in the unit (4) Case No. R.-3705 : The Painters presented signed application cards dated in March 1942 , with the names of all 27 employees on the March 27 , 1942, pay roll of the Company in the unit hereinafter found to be appropriate (5) Certain of the other intervening organizations presented similar evidence tending to show that they represent employees in the respective units which they claim to be appropriate However , in view of the fact that we are not determining said unit claims . in this proceeding, in the absence of petitions embracing the employees not covered by the above petitions , we shall not set forth this evidence in detail 6In the plant there are also "auto railer locomotives " which differ from "auto railer trucks" only in that they run on the tracks more than on the roads and, like regular locomotives , they can pull other cars The men who operate the auto railer locomotives are not included in the above-requested unit ATLAS POWDER COMPANY 133 railer truck drivers constitute a unit appropriate for the-purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. B. Case No. R-3699 The Trainmen contends that the yard conductors, brakemen, switch tenders, block station attendants, yardmasters, and assistant- yard- masters, engaged in switch tending,, constitute an appropriate unit. The Switchmen agrees that the above-alleged unit is appropriate except for the yardmasters and assistant yardmasters, whom it wants excluded. The Company takes no position on the unit except to urge the exclusion of yardmasters from any appropriate unit on the ground that they are a part of- management, being supervisory employees, No other organization claims to represent any employees in the above- requested unit. The Trainmen requests that the Board find than the yardmen and assistant yardmen together constitute a separate, ap- propriate unit, in the event that the Board excludes these employees from the unit requested by the Trainmen. On the Company's pay roll for March 27,, 1942, there were two general yardmasters, six yardmasters, and no. assistant yardmasters. All parties agree that the two general yardmasters should be excluded from any appropriate unit since they are admittedly supervisory employees. The yardmasters, under the direction of the general yard- masters, have charge of certain assigned sections of railroad and yard, of the men employed in the trainyard and engine service, of the movement of trains, and of the distribution of cars. They are paid a salary, like general yardmasters, rather than an hourly rate, like other employees. In most cases the yardmasters have been pro- moted from the ranks of the trainmen or switchmen and, according to the practice of the Trainmen, they retain their right to return to the switching service without loss of seniority. We find that the yardmasters and assistant yardmasters are minor supervisory em- ployees and should be excluded from the unit requested. They should be allowed to exercise their right to self-organization in a separate unit. We find that all yard conductors, brakemen, switch tenders, and block station attendants, engaged in switch tending, excluding gen- eral yardmasters, yardmasters, and assistant yardmasters, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. We_find that all yard- masters and assistant yardmasters, excluding general yardmasters, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. Case No., R-3700 - The Alliance contends that the following employees, whether hourly paid or salaried, constitute an appropriate unit : first cooks, swing cooks, butchers, second cooks, fry cooks, salad men, vegetable cooks, yard men, salad women, pot washers, counter men, counter girls, bus girls, bus boys, dish washers, tray washers, cleaning women, maids, porters, cashiers, bartenders, and stockroom men, excluding executive, office, and clerical employees, but including supervisors who "were formerly in the Union" and who still earn their livelihood through the handling of food. The Arsenal Workers and the Mine Workers, the only other organizations claiming to represent the employees in question, both contend that these employees do not constitute a separate appropriate unit, but instead are part of the residual, semi- industrial units which they respectively claim to be appropriate. The construction company operated a cafeteria, two dining rooms, a recreation room, five -men's dormitories, and a women's dormitory. On or about January 15, 1942, Atlas Powder Company took over these facilities and is now operating them together with a new cafe- teria; a private dining room, and a dining room for restaurant em- ployees. Employees were, not automatically transferred from the construction company's pay roll to that of Atlas Powder Company but instead, as set forth above, each employee had to file a new appli- cation. The Arsenal Workers claims that the employees in the above- ,requested unit are part of the semi-industrial unit for which the Arsenal Workers has bargained in the past, on the ground that under the consent card check of September 1941, the contract of December 13, 1941, and subsequent negotiations, the Arsenal Workers was the representative of all production, maintenance, and transportation em= ployees with certain- specified exceptions. • However, it is clear from the record that there were no employees in the above-requested unit on the pay roll of Atlas Powder Company until about January 15, 1942, and the Arsenal Workers admits that it has never bargained for the specific categories of employees in the above-requested unit. The employees in question constitute a clearly defined group not di- rectly connected with production or maintenance, and with no previous organizational or bargaining history making them a part of ari industrial unit. With regard to supervisory employees whose inclusion is requested by the Alliance, they shall be excluded in accordance with our.usual practice of excluding supervisors from a unit of nonsupervisory employees. We find that all first cooks, swing cooks, butchers, second cooks, fry cooks, salad men, vegetable cooks, yard men, salad women, pot washers, counter men, counter girls, bus girls, bus boys, dish washers, ATLAS POWDER COMPANY ,135 ' tray washers , cleaning women, maids, porters, cashiers , bartenders, and stockroom men, excluding executive , office, clerical, and super- visory employees , constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. D. Case No. B-3705 The Painters contends that the painters, sign painters, and glaziers constitute an appropriate unit. _ The Mine Workers, the only other organization claiming to represent these employees, contends that they do not constitute, a separate appropriate unit, but instead are part of the residual, semi-industrial unit which the Mine Workers contends is appropriate. The above-requested unit consists of the painters who operate out of the maintenance shop, painting signs, buildings, and equipment, whether by brush or by mechanical devices. It does not include -production employees who paint or stencil bombs, shells, and boxes. The Machinists claims to have been the representative of the em- ployees in question as a result of the consent card check in September 1941, but the Machinists does not claim to represent any of these employees at the present time. Most of,the painters were still on the construction company's pay roll until a recent unspecified date, and no organization has' bargained with Atlas Powder Company in their behalf. We find that all painters, sign painters, and glaziers in the mainte- nance department of the Company constitute a unit appropriate fo`r the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. - E. Other requested units The Operating Engineers, the Firemen, the Arsenal Workers, the Machinists, aild the Mine Workers each respectively requests that the Board find as appropriate a unit consisting entirely or largely of employees not included in any of the four petitions. Their con- tentions have been discussed- above only insofar as they involve the employees included in the petitions. We shall neither consider nor resolve their unit contentions with respect to other employees, in view of the fact that no petitions are pending in this proceeding involving such employees. - ' V. THE DETERMINATION OF REPRESENTATIVES A. In general As set forth above, at the time of the hearing the Company employed approximately 10,000 persons, with new employees being 136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hired at the rate of "several hundred" per week. The Mine Workers contends that no election should be held until July 1942, when the Company's employment is expected to be at its peak. We do not believe that because the Company intends to expand its working staff the employees now working at the plant should be deprived of their right at the present time to bargain collectively as provided in the Act. We shall accordingly proceed with an immediate determina- tion of representatives in the units found above to be appropriate. In one respect, however, we shall, in view of the circumstances herein presented, modify our usual practice. Ordinarily we refuse, for administrative reasons, to entertain a petition for investigation and certification of representatives within a year after we have issued a certification. We shall not adhere to our usual 1-year rule in the case of this plant, however. We shall, instead, entertain a new peti- tion or petitions at any time following the issuance of a certification or certifications in this proceeding, provided we are satisfied, under all the circumstances then shown, that a question concerning repre- sentation affecting commerce has arisen.7 B. Case No. R-3698 The Teamsters and the Company request that an election be held. The Arsenal Workers requests that it be certified on the basis of the record, without an election. Both organizations desire that eligibility to vote be determined by reference to the Company's "current" pay roll. The Mine Workers, the only other organization claiming to represent any of the employees here involved, does not desire to participate in the election. We find that the question concerning rep- resentation which has arisen can best be resolved by an election by secret ballot. We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit 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. C. Case No. R-3699 Both the Trainmen and the Switchmen request that they be certi- fied on the basis of the record, without an election. Both desire that if an election is directed, eligibility to vote be determined by reference ' Among the circumstances necessary to satisfy us that such a question has arisen, proof that there has been a substantial increase in the number of employees at the plant in the unit then requested as appropriate, together with proof that the petitioner represents a substantial number of employees in such unit , will be relevant. - A similar procedure was followed in Matter of Westinghouse Electric £ Manufacturing Company and International Association of Machinists , Local 804, A. F of L, 38 N. L. R B. 404, and in Matter of South Portland Shipbuilding Corporation and Independent Union of Shipyard Workers of South Portland, 39 N. L. R B 485 ATLAS POWDER COMPANY 1.37 to 'the'Company's pay roll at the time of the election, The Company requests 'that an election be held. Because of the conflicting claims regarding representation, we find that the question 'concerning repre- sentation which has arisen can best be resolved by an election by :secret ballot. We shall direct that The employees of the Company 'eligible to vote in the election shall be those in the appropriate unit 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. We have found in Section IV B, above, that the yardmasters and assistant yardmasters constitute a -separate appropriate unit. The Switchmen states that it does not desire to be on the ballot if a sep- arate election is ordered in this unit. Accordingly, the yardmasters and assistant yardmasters will vote to determine whether or not they wish to be represented by the Trainmen. D. Case No. 8-3700 The Alliance and the Arsenal Workers each request that it be certified on the basis of the record. The Company requests that an election be held. We find that the question, concerning representation which has arisen can best be resolved by an election by secret ballot. The Alliance desires that eligibility to vote be determined by refer- ence to the Company's pay roll of February 12, 1942, whereas the Arsenal Workers suggests that a current pay roll -be used. There were 187 employees in the appropriate unit on February 12, 1942, and 156 on March 27, 1942. The record contains no explanation for the decrease. We see no reason for departing from our usual practice, and accordingly we shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit 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. The Arsenal Workers requests that it be placed on the ballot in the event that the Board directs an election in this unit. -Inasmuch as an election is to be held and since the' Arsenal Workers made a showing of representation in the broader unit for which it contended, we shall accord it a place on the ballot. We shall not place the Mine Workers on the ballot in this group since that organization does not wish to participate in an election. E. Case No.-R-3705 The Painters requests that it be certified on the basis of the record, but requests that if the Board direct an election, eligibility to vote should be determined by reference to the Company's pay roll at the 138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD time of the election. ^ The Company requests that an election be held. The Mine Workers, the only other organization claiming to represent any of the employees, does not desire, to participate in . the election. We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Atlas Powder Company, Ravenna, Ohio, elections by secret ballot shall be conducted as soon 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among : 1. All chauffeurs, bus drivers , truck drivers, greasers , washers, and auto railer truck drivers of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States , or temporarily laid off, but ex- cluding any who have since quit or ' been discharged for cause, to determine whether they desire to be represented by International Brotherhood of Teamsters , Chauffeurs, Warehousemen & Helpers of North America, affiliated with the American Federation of Labor, or by National Arsenal Workers of America , for the purposes of collective bargaining, or by neither; 2. All yard conductors, brakemen , switch tenders , and block station attendants of the Company, engaged in switch tending , who were employed during the pay-roll period immediately preceding the date of this Direction , including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States , or temporarily ATLAS POWDER COMPANI 139 laid off, but excluding general yardmasters , yardmasters, assistant yardmasters, and employees who have since quit or been discharged for cause, to determine whether they - desire to be represented by Brotherhood of Railroad Trainmen , or by Switchmen 's Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining , or by neither; 3. All yardmasters and assistant yardmasters of the Company who were employed during the pay-roll period immediately preceding the date of this Direction , including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding general yardmasters and employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by Brotherhood of Railroad Trainmen, for the purposes of collective bargaining; 4. All first cooks , swing cooks , butchers, second cooks, fry cooks, salad men, vegetable cooks, yard men, salad women , pot washers, 'counter men , counter girls, bus girls, bus boys, dish washers, tray washers, cleaning women, maids, porters, cashiers, bartenders, and stockroom men who were employed during the pay-roll period im- mediately preceding the date of this Direction , including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the -United States, or temporarily laid off, but excluding executive, office, clerical, and supervisory employees, and employees who have since quit or been discharged for cause , to determine whether they desire to be represented by Hotel & Restaurant Employees' & Bartenders' International Alliance Local #118, affiliated with the American Federation of Labor, or by National Arsenal Workers of America, for the purposes of collective bargaining, or by neither; 5. All painters, sign painters , and glaziers in the maintenance de- partment of the Company who .were employed during the pay-roll period immediately preceding the date of this Direction , including employees who did not work during such pay -roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause , to determine whether or not they desire to be represented by the Brotherhood of Painters , Paperhangers & Decorators of America , affiliated with the American Federation of Labor, for the purposes of collective bargaining.