Triumph Explosives, Inc.

In the Matter of TRIUMPH EXPLOSIVES, INC. and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-5616.Decided July 04, 1943 Thorp, Bostwick, Reed di Armstrong, by Mr. K. G. Jackson, of Pittsburgh, Pa., for the Company. Mr. Yelverton Cowherd, of Wilmington, Del., for District 50. Mr. Frank J. Bender, of Baltimore, Md., for the C. I. O. Mr. Joseph. E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 50, United Mine Workers of America, herein called District 50,E alleging that a question affecting commerce had arisen concerning the representation of employees of Triumph Explosives, Inc., Elkton, Maryland, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Earle K. Shawe, Trial Ex- aminer. Said hearing was held at Baltimore, Maryland, on July 1, 1943. The Company, District 50, and United Gas, Coke & Chemical Workers, affiliated with the C. I. 0., herein called the C. I. 0., ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The C. I. O. requested further hearing on the matter. The request is hereby denied. 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. I The name of District 50 was erroneously designated as "District 50, Chemical Division, United Mine Workers of America" in some of the formal papers, all of which were corrected by amendment at the hearing. 51 N. L. R. B., No. 115. 689 690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Triumph Explosives, Inc., is a, Maryland corporation with its principal office and only plants located at Elkton, Maryland. It is engaged in the manufacture and production of various types of pyro- technics under Army contracts; it is also engaged in the manufacture and assembly of certain types of ammunition -under contract with the Navy Department. During the past year the Company purchased raw materials, including powder, chemicals and metal, valued in excess of $1,000,000, approximately 75 percent of which was shipped from points outside the State of Maryland. During the same period, finished products exceeding $2,000,000, in value were delivered to the Army and Navy, approximately 75 percent of which was shipped to points outside the State of Maryland. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, and United Gas, Coke & Chemical Workers of America, affiliated with the Congress of In- dustrial Organizations, are labor organizations admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In April 1943, District 50 requested the Company to recognize it as exclusive bargaining agent of the Company's production and main- tenance employees but the Company denied the request, stating that there was another labor organization also claiming to represent the employees in question and that the. Company would not recognize Dis- trict 50 unless and until it was certified by the Board. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the unions represent a substantial number of employees in the unit hereinafter found appropriate 2 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. 2 Since the Company is engaged in vital war production , secrecy concerning the number of its employees is essential. Therefore, the statement of the Field Examiner sets forth the representation of the unions in percentage figures. District 50 submitted application cards which represented approximately 39 54 percent of the number of employees in the appropriate unit. The C. I O. submitted application cards which represented approximately 7.06 percent of the number of employees in the appropriate unit. TRIUMPH EXPLOSIVES, INC. IV. THE APPROPRIATE UNIT 691 District 50 and the Company agree that all production, mainte- nance, inspection, transportation, canteen-cafeteria employees, includ- ing service-station attendants, truck drivers, production clerks, time- keepers, timecheckers, shift clerks, stores and production clerks, receiving clerks, assistant chemists, junior chemists, and laboratory assistants, but excluding all supervisory employees above line leaders, all main-office clerical, stenographic and switchboard employees, de- partmental safety-men, inspector-foremen, draftsmen and designers, guards, chemists from and above the rank of associate chemists, dis- patcher-expediters, cafeteria shift managers, cashier-hostesses, and head chef, constitute an appropriate unit. There is a dispute, how- ever, in respect to line leaders and inspection line leaders, hereinafter collectively called line leaders; the Company would exclude them, whereas District 50 would include them in the appropriate unit. The C. I. 0. seeks a unit consisting of all the categories included by Dis- trict 50, but desires to add thereto all chemists below the chief chem- ist, dispatcher-expediters, and guards. The record shows that the Company employs approximately 200 line leaders. They are in charge of small groups of production em- ployees, averaging 18 to 20 in number, who are engaged in performing tasks incidental to the assembly and loading of ammunition. The line leaders spend approximately 80 percent of their time in super- vising, in making out production and reject cards, and in inspecting the finished products; the remaining 20 percent of their time is spent in relieving the production workers in the line. They are paid an hourly rate which is slightly higher than that paid the average pro- duction employee. While there is no evidence to show that line lead- ers have authority to hire or discharge, the evidence does show that line leaders' requests with respect to employees being placed in the line, and their opinion with respect to the qualifications of individual pro- duction employees under consideration for advancement to the status of line leaders, are generally given consideration. Thus it appears that line leaders can effectively recommend changes in the status of production employees. We find that line leaders are supervisory employees and we shall exclude them from the unit. The record reveals that dispatcher-expediters are under the direct supervision of the Company's officials located in the main office. They are salaried employees and perform no manual work. Their duties consist in coordinating floating materials, parts, and assemblies be- tween departments, in accordance with production schedules; they con- stitute an administrative link between production and management. From the foregoing, it is apparent that these employees are more ap- 540012-44-vol 51-45 692 DECISIONS OF NATIONAL LABOR RELATIONS BOARD propriately akin to management than to regular production and main- tenance employees. We shall exclude them from the unit. As stated above, the Company and District 50 agreed that all chem- ists from and above the rank of associate chemists should be excluded from the unit, whereas, the C. I. 0. urges that all chemists below the chief chemist should be included in the unit. However, it appears from the record that chemists and associate chemists are college trained and are salaried employees; their salaries are substantially, higher than that of assistant chemists, junior chemists, and laboratory assistants, as well as that of the ordinary production and maintenance employee. Inasmuch as the duties and interests of the chemists and associate chemists are substantially different from those of the production and maintenance employees, we shall exclude them from the unit.3 Since the guards are uniformed and under military oath, in accord- ance with our customary practice, we shall exclude them from the unit. We find that all production, maintenance, inspection, transportation, canteen-cafeteria employees, service-station attendants, truck drivers, production clerks, timekeepers, timecheckers, shift clerks, store and production clerks, receiving clerks, assistant chemists, junior chemists, laboratory assistants, employed by the Company at Elkton, Maryland, but excluding line leaders, all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, all main- office clerical, stenographic and switchboard employees, departmental safety-men, inspector-foremen, draftsmen and designers, guards, chemists from and above the rank of associate chemists, dispatcher- expediters, cafeteria shift managers, cashier-hostesses, and head chef, 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 our Direction of Election herein, subject to the limitations and additions set forth in said Direc- tion. District 50 urges the Board to deny the C. I. 0. a place on the ballot on the grounds that the C. I. 0. has failed to show sufficient represen- tation among the Company 's employees. Since the C. I. 0. has made some showing of representation among the employees of the Company 9 All the parties agree that assistant chemists, 'junior chemists , and laboratory assistants should be included in the unit. TRIUMPH EXPLOSIVES, INC. 693 and inasmuch as an election is to be conducted, we shall accord it a place on the ballot. The motion is hereby denied. 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 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Triumph Explo- sives, Inc., Elkton, Maryland,, an election by secret ballot shall be con- ducted 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 Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or oil vacation or temporarily laid off, and includ- ing 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, to determine whether they desire to be represented by District 50, United Mine Workers of America, or by United Gas, Coke & Chemical Workers of America, affiliated with the C. 1. 0., for the purposes of collective bargaining; or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.