Pullman-Standard Car Manufacturing Co.

In the Matter Of PULLMAN-STANDARD CAR MANUFACTURING COMPANY and STEEL WORKERS ORGANIZING COMMITTEE Case No. R-2952.-Decided September 12, 1941 Jurisdiction : railroad car manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal by Company to grant exclusive recognition to unions involved ; elec- tions necessary. .Units Appropriate for Collective Bargaining : single or separate units compris- ing: (1) all electrical employees in maintenance department, and power- house and sub-station operators, excluding foremen, leaders, and clerical employees; (2) all machinists, apprentices and helpers, employees in tool and die ship classified as die men, machine operators, toolroom men, tool- room helpers, handymen, and cranemen, millwrights, production and main- tenance welders, employees in wheel, axle and truck shop, except crane hookers, and employees in air-brake department excluding foremen, leaders, and clerical employees; and (3) all production and maintenance employees including watchmen, and plant protection employees but excluding foremen, leaders and clerical employees ; determination of, dependent upon elections. Mr. Jelks H. Cabaniss, of Birmingham, Ala., for the Company. Mr. William E. Mitch and Mr. Noel R. Beddow, of Birmingham, Ala., for the S. W. O. C. Mr. J. R. May, of Montgomery, Ala., for the I. B. E. W. Mr. J. H. Howard, of Washington, D. C., and Mr. J. D. Baum- gardner, of Birmingham, Ala., for the I. A. M. Mr. J. L. Giglio, of Birmingham, Ala., for the Federal Labor Union. Mr. Harry Cooper, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On August 1, 1941, Steel Workers Organizing Committee, herein called the S. W. O. C., filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of 'em- ployees of Pullman-Standard Car Manufacturing Company, Bes- 35 N. L. R. B., No. 78. 378 PULLMAN-STANDARD CAR MANUFACTURING COMPANY 379 semer, Alabama, herein called the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 20, 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 Relations 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 August 21, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the S. W. O. C., and the following labor organizations claiming to repre- sent employees directly affected by the investigation : Federal Labor .Union, affiliated with the American Federation of Labor, herein called the Federal Labor Union; International Association of Machinists, affiliated with the American Federation of Labor, herein called the I. A. M.; and International Brotherhood of Electrical Workers;- affiliated with the American Federation of Labor, herein called the I. B. E. W. Pursuant to notice, a hearing was held on August 28, 1941, at Birmingham, Alabama, before John C. McRee, the Trial Eaminer duly designated by the Chief Trial Examiner. At the beginning of the hearing, the Federal Labor Union, the I. A. M., and the I. B. E. W. presented motions to intervene which were granted by the Trial Examiner. The Company, the S. W. O. C., the Federal Labor Union, the I. A. M., and the I. B. E. W. were represented by counsel or official representatives and participated in the hearing. Full opportunity to be heard, to examine 'and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various 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 is a Delaware corporation operating a plant at Bessemer, Alabama, where it manufactures railroad cars. All manu- factured cars are sold to railroads engaged in interstate commerce. The Company admits, for the purposes of this proceeding, that it is engaged in commerce within the meaning of the Act. 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Steel Workers Organizing Committee is a labor organization affili- ated with the Congress of Industrial Organizations, admitting em- ployees of the Company to membership. Federal Labor Union, International Association of Machinists, and International Brotherhood of Electrical Workers, are labor organi- zations affiliated with the American Federation of Labor, admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION In July 1941, the S. W. O. C. requested of the Company recognition as the exclusive bargaining representative of its employees. The Company failed to recognize S. W. O. C. as such representative. In August, the I. B. E. W., the I. A. M., and the Federal Labor Union each sought exclusive recognition by the respondent as bargaining representatives of certain of its employees. It does not appear that the Company granted such recognition to any of these organizations. In July or August, the Company informed the Regional Director of its desire that the Board decide the question of representation. From a statement of the Trial Examiner made at the hearing, it appears that each of the labor organizations here involved represents a sub- stantial number of the Company's employees in the unit claimed by each to be appropriate for purposes of collective bargaining., We find that a question has arisen concerning the representation of employees of the Company. 'The S. W. O. C. submitted to the Trial Examiner 1 ,053 authorization and member- ship cards . The Trial Examiner examined them and stated that 1,039 cards appeared to bear genuine original signatures , that 880 cards were dated between April 1 and August 14, 1941, 95 between April 1 and December 30, 1940, and that the remainder were undated . The Trial Examiner selected 100 cards at random, checked the signatures thereon against the pay roll for the week ending August 9, 1941, and found 92 to be the names of persons appearing on said pay roll. There are about 1,168 employees in the unit claimed by the S. W. O . C. to be appropriate The I. B. E. W. submitted to the Trial Examiner a membership dues receipts book and a membership application receipts book, both books containing the receipts of a total of 17 persons who were alleged to be employees of the Company . All these receipts were dated during August 1941 . The Trial Examiner found that of the 17 names listed on these receipts , 16 appeared on the August 9 pay roll . There are 21 employees in the unit claimed by the I B. E W. to be appropriate. The I . A. M submitted to the Trial Examiner 137 authorization cards dated during August 1941 . The Trial Examiner stated 'that all of the cards appeared to bear genuine original signatures, and that, among 30 cards selected at random , 26 bore the names of persons appearing on the August 9 pay roll . There are about 135 employees in the unit claimed by the I . A. M. to be appropriate, exclusive of millwrights, whose number the record does not disclose. . The Federal Labor Union submitted to the Trial Examiner 248 authorization and membership cards, of which 236 appeared to the Trial Examiner to bear genuine , original signatures , and 221 of the 236 were dated during August 1941. The Trial Examiner selected 60 cards at random and found that 49 bore the names of persons listed on the August 9 pay roll. There are about 1,000 employees in the unit claimed by the Federal Labor Union to be appropriate. PULLMAN-STANDARD CAR MANUFACTURING COMPANY 381 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 desoribed 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The S. W. O. C. contends that production and maintenance em- ployees, excluding foremen, superintendents, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. The I. B. E. W. urges that a spearate unit of all electrical employees in the maintenance department, and power-house and sub-station operators, excluding supervisory and clerical employees, is appropri- ate. The I. A. M. claims that a separate unit composed of machinists, apprentices and helpers, employees in tool and die shop classified as die men, machine operators, toolroom men, toolroom helpers, handy- men, and cranemen, millwrights, production and maintenance welders, employees in the wheel, axle, and truck shop, except crane hookers, and employees in the air-brake department, excluding from each of the foregoing groups supervisory and clerical employees, is appro- priate. The Federal Labor Union asserts that all employees, includ- ing clerical employees, watchmen, and plant-protection employees, but excluding employees in the units claimed by the I. A. M. and the I. B. E. W., and supervisory employees with authority to hire and discharge, comprise an appropriate unit. The Company takes no position with respect to the appropriate unit. The evidence indicates that many of the employees in the separate units urged by the I. B. E. W. and the I. A. M. are skilled em- ployees, and all of such employees appear to come under the craft jurisdictions of these two unions. On the other hand, evidence was introduced to show that the manufacture of railroad freight cars at the Company's plant is an 'integrated production process, and that an industrial unit, including the employees claimed by the I. A. M. and the I. B. E. W., is appropriate. So far as the record shows, there has been no history of collective bargaining either by the craft or industrial unions.' Under the circumstances herein presented, we find that the employees in the units claimed by the I. B. E. W: and the I. A. M. could function either as separate units or as part of 2 The S. W. O. C. attempted to negotiate a contract with the_ Company in 1937 and again in 1941 . However, the parties never entered into a contract and the character of the negotiations does not appear. 382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a single industrial unit. Accordingly, we shall direct that elections be held, (1) among the employees, with the exclusions specified below, claimed by the I. B. E. W. to constitute an appropriate unit, to determine whether they wish to be represented by the •I. B. E. W., by the S. W. O. C., or by neither of these organizations;, (2) among the employees, with the exclusions specified below, claimed by the I. A. M. to constitute an appropriate unit, to' determine whether they wish to be represented by the I. A. M., by the S. W. O. C., or by neither of these organizations. On the results of these elections will depend the appropriate unit. If the employees in either of these two groups select a bargaining representative other than the repre- sentative selected by the employees in the plant-wide industrial unit, they will constitute a separate and distinct appropriate unit. If they choose the same representative as the employees in the plant-wide industrial unit, they will be merged into a single unit with such employees .8 Supervisory employees. Supervisory employees' at the Company's plant, consisting of foremen and leaders, have authority to hire and discharge employees. All parties apparently desire, and since they are major supervisory employees, we shall direct, that these employees be excluded from the craft and industrial units.4 Clerical employees. The S. W. O. C. desires to exclude clerical employees from the appropriate unit. The I. B. E. W. and the I. A. M. also seek to exclude clerical employees from the unit each seeks as appropriate. The Federal Labor Union, on the other hand, requests the inclusion of clerical employees in the unit of employees it claims as appropriate. The Federal Labor Union, however, has not specified which employees it refers to as clerical, or introduced any evidence regarding the duties of the clerical employees it desires included in the unit. The plant manager included in his pay-roll list of "clerical" employees all employees in engineering, pay-roll, timekeeping, and accounting departments. Apparently all these em- ployees work in the Company's general office. They are salaried employees. The evidence does not disclose whether there are any clerical employees in the plant. Under these circumstances, and since the interests of the employees in the- engineering, pay-roll, timekeep- ing, and accounting departments are distinct from those of employees in a unit of production employees, we shall exclude all clerical employees from the units herein alleged to be appropriate. Watchmen and plant-protection employees. The Federal Labor Union desires the inclusion of these employees in the industrial unit. B Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 8, et al., 3 N. L. R. B. 294. 4 James E. Stark Co. and Upholsterers' International Union of North America, Local No. 255, 33 N. L It. B. 1076. PULLMAN-STANDARD CAR MANUFACTURING COMPANY 383 The S. W. O. C. has not expressed its position with regard to these employees. We shall include the watchmen and plant-protection employees in the industrial unit.5 We find that all production and maintenance employees, including, watchmen and plant-protection employees, but excluding superin- tendents, foremen, leaders, and clerical employees, may properly constitute a unit appropriate for the purposes of collective bargain- ing which would insure to the employees of the Company the full benefit of their right to self-organization and to collective bargain- ing and otherwise effectuate the policies of the Act. As indicated above, the employees in the units claimed by the I. A. M. and the I., B. E. W. may or may not be included within such unit, depending on the results of the elections we shall order. We shall, therefore, make no final determination of the appropriate unit or units pending the elections to be conducted among the employees in the craft units. VI. THE DETERMINATION OF REPRESENTATIVES We have heretofore decided that separate elections will be held to determine the collective bargaining representatives for the employees in the craft units. We find that the question concerning represen- tation of the employees in the industrial unit can best be resolved by means of an election by secret ballot. The parties stipulated that the pay roll for the week ending August 9, 1941, would be satisfactory for the purpose of determining eligibility to vote. We shall give effect to the desires of the parties in this respect and shall accordingly direct that the employees of the Company eligible to vote in the elections shall be those who were employed during the pay-roll period ending August 9, 1941, subject to such limitations and additions as are set forth in the Direction of Elections herein. At the hearing the labor organizations requested that their names appear on the ballot as'follows : Steel Workers Organizing Commit- tee, Local No. 1466; Federal Labor Union, affiliated with the Ameri- can Federation of Labor ; International Association of Machinists, Local No. 359; and International Brotherhood of Electrical Workers, Local No. 287. These requests are hereby granted. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSION OF LAW A question affecting commerce has arisen concerning the represen- tation of employees of Pullman-Standard Car Manufacturing Corn-' 5 Matter of The Quaker Oats Company and United Cereal Workers Local Industrial Union, No 1105, 32 N L R. B 312. 384 DECISIONS OF NATIONAL LABOR • RELATIONS BOARD pany, Bessemer, Alabama, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 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 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 bargain- ing with Pullman-Standard Car Manufacturing Company, Bessemer, Alabama, 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 Di- rector for the Tenth 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 : 1. Among all electrical employees in the maintenance department, and power-house and sub-station operators of the Company, who were employed during the pay-roll period ending August 9, 1941, in- cluding 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 exclud- ing foremen, leaders, clerical employees, and employeep who have since quit or been discharged for cause, to determine whether they desire to be represented by Steel Workers Organizing Committee, Local No. 1466 or by International Brotherhood of Electrical Work- ers, Local No. 287, for the purposes of collective bargaining, or by neither ; and 2. Among all machinists, apprentices and helpers; employees in tool and die shop classified as die men, machine operators , toolroom men, toolroom helpers, handymen, and cranemen , millwrights, pro- duction and maintenance welders, employees in wheel, axle, and truck shop, except crane hookers, and employees in air-brake department, who were employed by the Company during the pay-roll period ending August 9, 1941, 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 tempo- rarily laid off, but excluding foremen, leaders, and clerical employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Steel Workers Organizing Committee, Local No. 1466, or by International Associa-- PULLMAN-STANDARD CAR MANUFACTURING COMPANY 385 tion of Machinists, Local No. 359, for purposes of collective bargain- ing, or by neither; and 3. Among all production and maintenance employees of the Com- pany who were employed during the pay-roll period ending August 9, 1941,- including watchmen, plant-protection employees, 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 superintendents, foremen, leaders, clerical employees, employees in groups 1 and 2 above, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Steel Workers Organizing Committee, Local No. 1466 or by Federal Labor Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.