Pullman-Standard Car Manufacturing Co.

In the Matter Of PULLMAN-STANDARD CAR MANUFACTURING COMPANY (HASKELL & BARKER PLANT) and BROTHERHOOD RAILWAY CARMEN OF AMERICA Case No. R-2302.-Decided February 13, 1941 Jurisdiction : railroad equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: par- ties stipulated at the hearing that the Company refused to accord the union recognition pending certification by the Board ; pay-roll date preceding strike agreed to by parties directed to be used; election necessary. Unit Appropriate for Collective Bargaining : all production employees, leaders, inspectors, hourly paid clerks, maintenance employees, watchmen, shop engi- neering employees on the hourly pay roll, and powerhouse employees, but excluding general office employees, foremen, assistant foremen, nurses, the chief of the police, the safety director, the assistant safety director, shop engineering employees on the monthly pay roll, shop clerks on the monthly pay roll, time checkers, on the monthly pay roll, the general office janitor, and the sprinkler. ' Watchmen, hourly paid engineers, and powerhouse employees included in the unit notwithstanding contentions of the Company that they should be excluded where the Company's showing does not demonstrate the pro- priety of excluding these employees and where nothing in the record indi- cates that these employees do not desire to, or cannot effectively function as parts of the plant unit which the union, the only labor organization involved requests. Mr. Joe Frank Allen, of Mt. Vernon, Ill., and Mr. Charles W. Burchfield, of Kansas City, Mo., for the union. Winston, Strawn & Shaw, of Chicago, Ill., by Mr. G. B. Christen- sen, for the Company. Mr. Edward Scheunemann, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 29, 1941, Brotherhood Railway Carmen of America, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition, and on January 31, 1941, an amended petition, alleging that a question affecting com- merce had arisen concerning the representation of employees of 29 N. L. R. B., No. 103. 600 PULLMAN-STANDARD CAR MANUFACTURING 601 Pullman-Standard Car Manufacturing Company (Haskell & Barker Plant), Michigan City, Indiana, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 31, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, ordered' an investigation and authorized the Regional Director' to conduct it and to provide for an appropriate hearing upon due, notice. On January 31, 1941, the Regional_ Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on February 6, 1941, in Michigan City, Indiana, before Robert R."Rissman, the Trial Examiner duly designated by the Board. The Company, rep- resented by counsel, and the Union, by counsel and one of its officials, participated in the hearing and were afforded full opportunity to be heard, to examine, and cross-examine witnesses, and to introduce evidence bearing on the issues: During the course of the hearing the, Trial Examiner made a number of rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company, a Delaware corporation with its principal office and place of business in Chicago, Illinois, is engaged-in the design, manufacture; sale, and distribution of passenger and freight railroad cars, locomotive equipment, accessories, and other products. It main- tains and operates factories at Chicago, Illinois; Worcester, Massa- chusetts ; Baltimore, Maryland ; Bessemer, Alabama ; Butler, Pennsyl- vania; New Orleans, Louisiana; Houston, Texas; Hammond, Indi- ana ; and Michigan City, Indiana. The present proceeding is concerned with the Michigan City plant. During the year 1940 the Company purchased raw materials valued at approximately $13,763,832.35, for,use in its Michigan City, Indi- ana, plant, and it obtained approximately 68 per cent in value of such materials outside the State of Indiana. During the same period the Company sold products valued at approximately $20,329,573,17, from its Michigan City, Indiana, plant, and it shipped approximately 96.9 per cent in value of such products outside the State of Indiana. 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED Brotherhood Railway Carmen of America is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company and the Union stipulated at the hearing that the Union had requested the Company to recognize it as exclusive repre- sentative of the Company's employees in an appropriate unit and that the Company had refused recognition pending certification of the Union by the Board: It appears that the Union has substantial membership among the employees in the -unit hereinafter found appropriate.) We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agree, and we find, that production employees, leaders, inspectors, hourly paid clerks, and maintenance employees should be included in the appropriate unit; and that general office employees, foremen, assistant foremen, nurses, the chief of police, the safety director, the assistant safety director, shop en- gineering employees on the monthly pay roll, shop clerks on the monthly pay roll, time checkers on the monthly pay roll, the general office janitor, and the sprinkler, should be excluded from the appro- priate unit. The Union contends that watchmen, shop engineering i There was introduced in evidence at the hearing a statement by the Regional Director showing that the Union had submitted to him 1248 authorization cards, of which 1242 were dated between July 1940 and February 1941, and 6 were undated, and all of which stated that the persons signing the cards were employees of the Company All of the cards appeared to bear genuine, original signatures . The Regional Director reported further that the Company had refused to submit a pay roll containing the names of the persons in its employ for the purpose of comparing therewith the authorization cards submitted by the Union. PULLMAN-STANDARD CAR MANUFACTURING 603 employees on the hourly pay roll , and powerhouse employees should also be included in the unit and the Company contends that they should be excluded. The Company employs approximately 13 watchmen whose sole duties are to guard the Company's property when the plant, or a part thereof, is not in - operation. There are approximately three shop engineering employees on an hourly basis. They are engaged in drafting designs for tools and dies under the supervision of the chief die designers . The Company contends that they should be excluded from the unit because the designs upon which they work are secret and their work is thus confidential . The Company employs approxi- mately 11 employees in its powerhouse. They are engaged in main- taming power generating equipment and a continual flow of power to machinery and equipment in the entire plant. The Company contends that they should be excluded from the unit because the con- tinued operation of the powerhouse is necessary for the protection of the plant and, to some extent, the entire community , against fires. The Company's showing does not demonstrate the propriety of excluding watchmen, hourly paid engineers , or powerhouse em- ployees. There is nothing in the record to indicate that these em- ployees do not desire to, or cannot effectively, function as- parts of the plant unit which the Union , the only labor organization involved, requests. Under the circumstances of this case we find that watchmen, hourly paid engineers, and powerhouse employees belong in the appropriate unit. We find that all production employees, leaders, inspectors , hourly paid clerks, maintenance employees, watchmen, shop engineering employees on the hourly pay roll , and powerhouse employees, but excluding general office employees , foremen, assistant foremen, nurses, the chief of police, the safety director , the assistant safety director, shop engineering employees on the monthly pay roll, shop clerks on the monthly pay roll, time checkers on the monthly pay roll , the gen- eral office janitor, and the sprinkler, constitute a unit appropriate for purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF -REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by, and we shall accordingly direct, an election by secret ballot. The Company and the Union agree that January 22, 1941, the day preceding a strike was called by the Union, 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD be used to determine the eligibility of employees to vote in the elec- tion. We find no reason to depart from the agreement of the parties and shall direct that January 22, 1941, be used to determine eligibility to vote in the election. Upon the basis of the above findings of fact and -upon the entire record in the-case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Pullman-Standard Car Manufacturing Company (Haskell & Barker Plant), Michigan City, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National .Labor Relations Act. 2. All production employees, leaders, inspectors, hourly paid clerks, maintenance employees, watchmen, shop engineering employees on the hourly pay roll, and powerhouse employees, but excluding gen- eral, office employees, foremen, assistant foremen, nurses, the chief of police, the safety director, the assistant safety director, shop engineering employees on the monthly pay roll, shop clerks on the monthly pay roll, time checkers on the monthly pay roll, the general office janitor, and the sprinkler, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 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 determine representatives for the purposes of collective bargain- ing with Pullman-Standard Car Manufacturing Company (Haskell & Barker Plant), Michigan City, Indiana, an election 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 supervi- sion of the Regional Director, for the Thirteenth 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 all production employees, leaders, inspectors, hourly paid clerks, maintenance employees, watchmen, shop engineering em- ployees on the hourly pay roll, and powerhouse employees who were employed on January 22, 1941, any employees who did not work on PULLMAN-STANDARD CAR MANUFACTURING 605 that date because they were ill or on vacation, and any employees who were then or have since been temporarily, laid off, but excluding general office employees, foremen, assistant foremen, nurses, the chief ,of police, the safety director, the assistant, safety director, shop en- gineering employees -on the monthly pay roll, shop clerks, on the monthly pay roll, time checkers on the monthly pay roll, the general office janitor, and the sprinkler, and. any employees who have since quit or been discharged for cause, to determine whether or not they, desire to be represented by Brotherhood Railway Carmen of America for the purposes of collective bargaining. ,