Nebraska Defense Corp.

National Labor Relations Board - Board Decisions

Jul 6, 1943

51 N.L.R.B. 100 (N.L.R.B. 1943)

In the Matter of NEBRASKA DEFENSE CORPORATION and ORDER OF RAIL-
WAY CONDUCTORS OF AMERICA
In the Matter of NEBRASKA DEFENSE CORPORATION and BROTHERHOOD
OF LOCOMOTIVE ENGINEERS
In the Matter of NEBRASKA DEFENSE CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #1117, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of NEBRASKA DEFENSE CORPORATION and UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , LOCAL #1881,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of NEBRASKA DEFENSE CORPORATION and UNITED
RUBBER WORKERS OF AMERICA , AFFILIATED WITH THE C. I. 0.
Cases Nos. B-5487 to R-5491 inclusive , respectively. -Decided
July 6, 1943
Messrs. T. S. Markey, J. A. Meek, and D. A. Burdette, of Fremont,
Nebr., for the Company.
Mr. Edward Jordan, of Chicago, Ill., for the Railway Conductors.
dlr. Robert F. Gilmore, of Fremont, Nebr., for the Locomotive En-
gineers.
.31r. A. B. Benson , of Fremont , Nebr., for the Railway Conductors
and Locomotive Engineers.
Mr. H. F. Kuklish, of Columbus, Nebr., for the I. B. E. W.
Mr. Art Hanson, of Fremont, Nebr., for the Carpenters.
Mr. Roy M. Brewer, of Grand Island, Nebr., for the I. B. E. W. and
the Carpenters.
Messrs. George, .Burdon and J. A. Johnson, of Wahoo, Nebr., and
Mr. H. D. Dawson, of Akron, Ohio, for the C. I. O.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Order of Railway Conductors of
America, herein called the Railway Conductors, by Brotherhood of
51 N. L. R. B., No. 25.
100
NEBRASKA DEFENSE CORPORATION 101
Locomotive Engineers, herein called the Locomotive Engineers, by
International Brotherhood of Electrical Workers, Local #1117, affili-
ated with the American Federation of Labor, herein called the I. B.
E. W., by United Brotherhood of Carpenters and Joiners of America,
Local #1881, affiliated with the American Federation of Labor, herein
called the Carpenters, and by the United Rubber Workers of America,
affiliated with C. I. 0., herein called the C. I. 0., respectively, alleging
that questions affecting commerce had arisen concerning the repre-
sentation of employees of Nebraska Defense Corporation, Mead,
Nebraska, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before Robert S. Fousek, Trial Examiner. The hear-
ing was held in Omaha, Nebraska, on June 4, 1943. The Company,
the Railway Conductors, the Locomotive Engineers, the I. B. E. W.,
the Carpenters, and the C. T. O. appeared, participated, and were af-
forded 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
I. THE BUSINESS OF THE COMPANY
Nebraska Defense Corporation is a Nebraska corporation engaged
in the business of operating the Nebraska Ordnance Plant located
near Mead, Nebraska. The Company manufactures munitions for
the United States Government. During the year 1942, the Company
used raw materials, consisting of chemicals and metals, having a value
considerably in excess of $500,000. Most of these raw materials were
shipped to the Company from points outside the State of Nebraska.
During the same year the Company delivered all of its finished prod-
ucts, which had a value considerably in excess of $500,000, to the
United States Government. Most of such finished products were
shipped to points outside the State of Nebraska.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Order of Railway Conductors of America and Brotherhood of
Locomotive Engineers are unaffiliated labor organizations , admitting
to membership certain employees of the Company.
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Brotherhood of Electrical Workers, Local #1117,
and United Brotherhood of Carpenters and Joiners of America,
Local #1881, are labor organizations affiliated with the American
Federation of Labor, admitting to membership certain employees of
the Company.
United Rubber Workers of America is a labor organization affil-
iated with the Congress of Industrial Organizations, admitting to
membership certain employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
It was stipulated by the parties that prior to the hearing and be-
tween the dates of February 23, 1943, and April 19, 1943, the -Loco-
motive Engineers, the I. B. E. W., the Carpenters, and the C. I. 0.,
each respectively requested recognition by the Company as the ex-
clusive bargaining representative for employees in the unit claimed
by-it to be appropriate, and that the Company refused to grant such
recognition until such time as the Board determined what constituted
the appropriate bargaining unit or units in the plant and further
determined whether such labor organization represented a majority
of the employees in the appropriate unit. The Company further
stipulated that a representative of the Railway Conductors was,
present at the conference at which the Company declined to accord
recognition to the Locomotive Engineers, that if the Railway Con-
ductors had then expressly asked for recognition such request would
have been denied upon the same grounds, and that it was the posi-
tion of the Company at the hearing that it would not recognize the
Railway Conductors as a bargaining representative in the unit al-
leged by it to be appropriate, unless and until it was certified by
the Board.,
1 Statements of the Field Examiner , introduced in evidence at the hearing , show that
the Railway Conductors submitted 11 authorization cards beating apparently genuine signa-
tures of persons within the unit alleged by it to be appropriate whose names appear on the
Company 's February 27, 1943 , pay roll which contains the names of 13 employees in such
alleged unit ; that the Locomotive Engineers submitted 6 au`horroation cards bearing ap-
parently genuine signatnies of peisons within the unit alleged by it to be appropriate whose
names appear on the Company 's Mai ch 13, 1943 , pay roll which costa ins the names of 6 ein-
ployees within such alleged unit; that the I . B E. W submitted an authorization petition
bearing apparently genuine signatures of 36 employees within the unit alleged by it to be
appropriate whose names appear on the Company's pay roll for the pay -roll period ending
Api it 11 , 1913 , and the Carpenters submitted 33 authorization and membership authorization
cards bearing apparently genuine signatuies of persons within the unit claimed by it to be
appropriate whose names appear on the Company's pay roll for the peiiod ending Apill 18,
1943 , which contains the names of 75 employees in such alleged appropilate unit. The Trial
Examiner stated at the hearing that the C I 0 submitted to him author ization cards bearing
apparently genuine signatures of 28 2 perreut of the employees whose names appear on the
Company's pay roll for the period ending April 18, 1943, in the unit alleged by the C 1 0
to be appropriate
NEBRASKA DEFENSE CORPORATION 103
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 Act.
IV. THE APPROPRIATE UNITS ; THE DETERMINATION OF REPRESENTATIVES
The Company and the C. I. O. would include in the appropriate
unit all production, maintenance, and service employees of the Com-
pany working at the Nebraska Ordnance Plant near Mead, Nebraska,
excluding from such unit all salaried supervisors, timekeepers, cleri-
cal and office employees, plant-protection employees,2 and professional
and technical employees. Each of the other contending unions con-
tends that a separate unit should be formed along craft lines embrac-
ing employees in the group which it claims to represent, and disputes
the appropriateness of the industrial unit sought by the C. I. O.
only to the extent that it encroaches upon the area covered by such
alleged craft lines. Their respective contentions will be discussed
below. At the hearing, the C. I. O. indicated that if separate elec-
tions were directed among employees within the craft groups claimed
by the other labor organizations, it did not desire to participate in
the election held among employees in the units alleged to be appro-
priate by the Railway Conductors and the Locomotive Engineers,
respectively, but that it did desire to participate in the elections held
among employees in the units alleged to be appropriate by the I. B.
E. W. and the Carpenters.
A. A8 to the unit claimed to be appropriate by the Railway
Conductors
The Railway Conductors in its petition requested a unit composed
of yardmen employed as switchmen on locomotives in the railroad
yards of the Company. It appears that the Company has private
railway facilities within its plant reservation and operates a number
of Diesel electric locomotives for the purpose of facilitating the move-
ment, of raw materials and finished products within such area. In
that connection the Company employs a number of switchmen 3 who
work under the direction of a railroad yardmaster. The function
of the switchmen, as their title implies, is to perform switching
operations as well as other work normally performed in railroad
yards by yardmen and switchmen. The switchmen are not required
to perform any duties other than those directly connected with the
t Firemen are included within the category of plant-protection employees.'a
The record shows that the term "yardmen" is synonymous with the term "switchmen,"
the latter term being used by the Company in designating the job classification of these
employees.
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
handling of railroad locomotives and cars. In view of the fact that
these employees are members of a well defined and long established
craft, perform work of a specialized character, and have interests and
problems which are different from those of the production and main-
tenance employees, we are of the opinion that the switchmen properly
constitute a separate unit appropriate for the purposes of collective
bargaining.
At the hearing the Railway Conductors requested that the yard-
master be included in the unit. The record discloses that the yard-
master has direct responsibility for all operations of the railroad,
supervises the work of the locomotive engineers as well as the switch-
men, and has authority to hire and discharge. In view of the clearly
.supervisory character of his functions we are of the opinion, and find,
that he should be excluded from the unit.
We find that all switchmen and all yardmen employed as switch-
men in the railroad yards of the Company at the Nebraska Ordnance
Plant near Mead, Nebraska, excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
B. As to the unit claimed to be appropriate by the Locomotive
Engineers
The Locomotive Engineers requests a unit composed of employees of
the Company who operate Diesel electric locomotives. The employees
in this group operate locomotives on the railroad operated by the Com-
pany within the plant reservation.. Their work is of a highly skilled
character and requires a substantial amount of training. Because
collective bargaining practice has long recognized these employees as
members of a distinct craft and, because the specialized character of
their work causes their interests to be substantially different from those
of the other production and maintenance employees, we are of the
opinion that they constitute a separate unit appropriate for the pur-
poses of collective bargaining.
We, therefore, find that all Diesel locomotive operators employed by'
the Company at the Nebraska Ordnance Plant near Mead, Nebraska,
excluding all supervisory employees with authority to hire, promote,
discharge,' discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
NEBRASKA DEFENSE CORPORATION 105
C. As to the unit claimed to be appropriate by the I. B. E. W.
The I. B. E. W. seeks a unit composed of all linemen, linemen's
helpers, electricians, electricians' helpers, communications service men,
electrical instrument service men, and electric instrument service men's
helpers employed by the Company, excluding supervisory employees.
Linemen maintain electric transmission lines, substations, trans-
formers, secondary distribution lines, and outside lighting areas.
Linemen's helpers assist the linemen in these operations and also replace
lights in certain buildings outside of restricted areas. Electricians
maintain, inspect, repau, and service generally electric motors, circuits,
and equipment. They alsd perform inside electrical construction
work. Electricians' helpers assist the electricians in performing these
operations. Communications service men install and repair communi-
cation and alarm circuit equipment, including telephone and mobile
radio transmitters and receivers. They also check and repair such
equipment as hospital X-ray and diathermy machines. Instrument
service men install and make adjustments to thermostats, vaporstats,
,and boilerhouse electrical control equipment, and their helpers assist
in performing such operations.
All of the employees within the unit claimed by the I. B. E. W. are
identified with a well defined, long established, and functionally dis-
tinct craft. As members of such craft, the employee's within this
group might properly function as a separate bargaining unit as con-
tended by the I. B. E. W. On the other hand, the record furnishes
support to the contention of the Company and the C. I. O. that the
work of these employees is integrated with the general maintenance
operations of the Company, and that the interests of these employees
to a considerable extent are aligned to those of other maintenance
workers outside of the claimed unit. These are factors indicating that
the employees performing electrical maintenance work might properly
be merged in a broader unit consisting of all production and mainten-
ance employees. Under all the circumstances of this case, and in the
absence of any history of collective bargaining with the Company on
behalf of the employees here involved, we are of the opinion that our
determination of the unit issue with respect to the employees in question
should depend in part on the desires of the affected employees them-
selves, to be expressed at the self-determination election hereinafter
directed among such employees at which they will have an opportunity
to vote for I. B. E. W., which advocates a craft form of unit, or for the
C. I. 0., which advocates an industrial form of unit, or for neither.
Consequently, we shall make no final determination of the unit at this
time, but shall defer such determination pending the results of the
elections hereinafter directed,
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
D. As to the unit claimed to be appropriate by the Carpenters
The Carpenters in its petition requested a unit composed of all
maintenance carpenters, millwrights, car bracers, craters or box-
makers, cabinet makers,. woodworking machine operators, and all
others engaged in woodworking operations including foremen but
excluding helpers. At the hearing the Carpenters' representative cor-
rected the petition to exclude foremen from the unit.
Carpenters and cabinet makers maintain in a state of repair all
wood construction, roofs, insulation, and glass throughout the plant
area. They also build all new wood construction and wood compo-
nent parts of machinery construction. Although the record does not
disclose whether or not the Company employs any woodworking
machine operators, we take notice of the fact that employees in this
classification normally perform work within the skilled carpenters'
craft. Millwrights receive, unpack, and install machinery and me-
chanical equipment, assemble mechanical operating units, and generally
adjust and check the operation of such equipment. Millwrights also
assist plumbers and steamfitters in the installation of necessary pipes
and fittings. The Company regards them as machine repairmen.
Millwrights do not work under the supervisor of carpenters, but under
a general foreman who also supervises the work of steamfitters and
plumbers. The Company employs no persons classified as car bracers.
However there are about 35 to 50 employees, classified by the Com-
pany as shipping employees, who transport, munitions from certain
places within the plant to outgoing cars and who also see to it that
=the munitions are properly located on the cars and securely braced
for shipment. In bracing the, munitions on the car,, the shipping
employees use pieces of dunnage and drive nails into the dunnage to
make it secure. The work of bracing takes about 50 percenit of the
shipping employee's time. The Company employs no persons classi-
fied as craters or boxmakers. On occasions when it is necessary to
crate machinery, the work is done by the millwrights. The work of
preparing munitions for shipment is performed by the shipping em-
ployees as noted above.
We are of the opinion that the inclusion of the millwrights and
the so-called car bracers and craters in a single unit with the carpen-
ters and cabinet makers would result in an artificial grouping. While
it is clear that the carpenters, cabinet makers, and woodworking
machine operators may be set apart from other production and main-
tenance employees as a functionally cohesive and skilled class of em-
ployees who have common interests and who have traditionally formed
part of the carpenters' craft, the same cannot be said of the others
whom the Carpenters would include in its unit. We therefore find
that, at least to the extent that it includes millwrights, car bracers,
NEBRASKA DEFENSE CORPORATION 107
and craters, the proposed unit of the Carpenters is inappropriate for
the purposes of collective bargaining. Although carpenters, cabinet
makers, and woodworking machine operators alone might properly
form a separate craft unit, the contention has been made in the case
of these employees, as in the case of the maintenance electricians, that
their work and interests at the plant are not wholly distinct but are
coordinated with that of other production and maintenance employees.
This contention finds support in the record. Under all the circum-
stances, and for the reasons indicated in the case of the maintenance
electricians, we are of the opinion that our determination of the unit
issue with respect to these employees should depend in part upon the
desires of the employees themselves to be expressed at the self-determi-
nation election hereinafter directed among such employees at which
they will have an opportunity to vote for the Carpenters, which favors
a craft form of unit, or for the C. I. 0., which favors an industrial
form of unit, or for neither. We shall consequently make no final
determination of the unit at this time, but shall defer our determina-
tion pending the results of the elections hereinafter directed.
E. As to the unit claimed to be appropriate by the C. I. 0.
Reference has already been made to the unit sought by the C. I. O.
and the contentions of the other parties with respect thereto. In view
of the fact that we have found that separate craft units are appro-
priate for railroad switchmen and Diesel locomotive engineers, we
shall exclude from the industrial unit sought by the C. I. O. such em-
ployees in addition to the other employees whom the Company and
the C. I. O. have agreed to exclude therefrom. In accordance with
our usual policy, we shall also exclude therefrom all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action. We shall not, however, determine at this
time whether linemen, linemen's helpers, electricians, electricians'
helpers, communication service men, electrical instrument service men,
electrical instrument service men's helpers, carpenters, cabinet mak-
ers, and woodworking machine operators should be included in such
unit, but, for reasons already indicated, shall defer our final deter-
m^ination of this question pending the results of the elections herein-
after directed.
We shall direct that separate elections by secret ballot be held
among employees of the Company employed at the Nebraska Ord-
nance Plant near Mead, Nebraska, within each of the groups listed
below 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. There shall be
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluded from each of such voting groups, in addition to others spe-
cifically mentioned herein, all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees or effectively recommend such action. The re-
spective voting groups shall be as follows :
(1) All switchmen and all yardmen employed as switchmen at the
railroad yards of the Company to determine whether or not they de-
sire to be represented by the Railway Conductors.
(2) All Diesel locomotive operators to determine whether or not
they desire to be represented by the Locomotive Engineers.
(3) All linemen, electricians, communication service men, and in-
strument service men, including their helpers,4 to determine whether
they desire to be represented by the I. B. E. W., by the C. I. 0., or
by neither.
(4) All carpenters, cabinet makers, and woodworking machine op-
erators, excluding helpers, to determine whether they desire to be
represented by the Carpenters, the C. I. 0., or by neither.
(5) All production, maintenance, and service employees, excluding
timekeepers, clerical, and office employees, plant-protection employees,
professional and technical employees, and excluding also all em-
ployees included in the voting groups numbered (1) to (4), inclusive,
above, to determine- whether or not they desire' to be represented by
the C. I. O.
The questions concerning representation which have arisen with
respect to the employees included in the voting groups numbered (1)
and (2), above, shall be resolved by the respective elections held
among the employees in such groups. Upon the results of the elec-
tions in the three remaining groups will depend in part our deter-
mination of the appropriate unit or units, if any, governing em-
ployees in such groups.
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 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 Nebraska Defense
Corporation, separate elections 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 Seventeenth Region, acting in this matter as agent
4 The record does not disclose %hetber the Company employs any employees classified as
communication service men 's helpers. If there is such a classification, we find that em-
ployees within this classification should be part of this voting group.
NEBRASKA DEFENSE CORPORATION 109
for the National Labor Relations Board, and subject to Article III,
Section 10, of said Rules and Regulations, among the following groups
of employees who were employed at the Nebraska Ordnance Plant
of said Nebraska Defense Corporation near Mead, Nebraska, during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding 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 excluding also all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action :
(1) All switchmen and all yardmen employed as switchmen at the
railroad yards of the Company to determine whether or not they
desire to be represented for the purposes of collective bargaining by
Order of Railway Conductors of America.
(2) All Diesel locomotive operators to determine whether or not
they desire to be represented for the purposes of collective bargaining
by Brotherhood of Locomotive Engineers.
(3) All linemen, electricians, communications service men and
instrument service men and their helpers to determine whether they
desire to be represented by International Brotherhood of Electrical
Workers, Local #1117, affiliated with the American Federation of
Labor, or by United Rubber Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.
(4) All carpenters, cabinet makers, and woodworking machine
operators, excluding helpers, to determine whether they desire to be
represented by United Brotherhood of Carpenters and Joiners of
America, Local #1881, affiliated with the American Federation of
Labor, or by United Rubber Workers of America, affiliated with- the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.
(5) All production, maintenance, and service employees, exclud-
ing timekeepers, clerical and office employees, plant-protection em-
ployees, professional and technical employees, switchmen and yardmen
employed as switchmen, Diesel locomotive operators, linemen, line-
men's helpers, electricians, electrician's helpers, communication service
men, communication service men's helpers, instrument ^ service men,
and instrument service men's helpers, carpenters, cabinet makers, and
woodworking machine operators, to determine whether or not they
desire to be represented by United Rubber Workers of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.