United States Cartridge Co.

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 358 (N.L.R.B. 1943)

In the Matter Of UNITED STATES CARTRIDGE COMPANY ,and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, PLANT PRO-
TECTION LOCAL 816
In the Matter Of UNITED STATES CARTRIDGE COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
Cases Nos. R-5065iand R-,5074, respectively.Decided June 10, 1943
Mr`. Jack G. Evans, for the Board.
Mr. R. H. McRoberts, of St. Louis, Mo., for the Company.
Messrs. William Sentner and Otto H. Mashoff, of St. Louis, Mo.;
for the UERM.
Mr. Louis Cokin, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Electrical, Radio &
Machine Workers of America and its Plant Protection Local 816,'
herein called the UERM, alleging that'questions affecting commerce
had arisen concerning the representation of employees of United
States Cartridge Company, St. Louis, Missouri, herein called the
Company, the National Labor Relations Board consolidated the
cases, and provided for an appropriate hearing upon due notice before
William F. Guffey, Jr., Trial Examiner.' Said hearing was held
at St.. Louis, Missouri,, on March 24 and 25, 1943. The Board, the
Company and the UERM 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 Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
On April 1, 1943, the UERM filed a brief which the Board has
considered.
i These cases were originally consolidated with Cases Nos. R-5066 through R-5073, but
were subsequently severed therefrom.
50 N. L . R. B., No. 52.
358
I
UNITED STATES CARTRIDGE' COMPANY 359 ,
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Cartridge Company is a Maryland corporation. It
is presently operating in St. Louis, Missouri, plants known as Plant
No. 1 and Plant N6.2, under a 'fixed fee operation contract in the pro-
duction of cartridges for the United States Government., Both plants,
the machinery and equipment therein, the raw materials used, and
the finished products are, the property of the United States Govern-
ment. The raw materials annually employed, consisting of copper,
brass, manufactured powder and lead, amount to several million dol-
lars in value. The finished products likewise amount to several mil-
lion dollars annually. The greater part of these materials and prod-
ucts is shipped to and from the State of Missouri.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America and its
Plant Protection Local 816, are labor organizations affiliated with the
Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize the UERM as exclusive bargain-
ing representative of any of its employees until such time as the UERM
is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the UERM represents a substantial num-
ber of employees in each of the units alleged by it to be appropriate.'
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
The UERM seeks to establish a bargaining unit of all guards, fire-
men and safety engineers at the Tyson powder storage area of the
2 The Regional Director reported that the UERM presented 74 membership application
cards bearing apparently genuine signatures of persons whose names appear on the January
3, 1943, pay roll. There are 134 employees in the unit urged by the UERM In Case No.
R-5065 . The Regional Director further reported that the UERM presented 16 membership
application cards, bearing apparently genuine signatures of.persons whose names appear
on the guard -sergeants pay roll of March 1, 1943 . There are 21 employees in the unit
urged by the UERM in Case No . R-5074.
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company, excluding sergeants and employees of higher rank, and a
unit of all sergeant guards at Plant No. 1 and Plant No. 2 of the Com-
pany. The Company contends that firemen constitute a separate unit
while safety engineers should be excluded as supervisory employees.
The Company further requests that the guards at the Tyson powder
storage area be included in the unit of guards heretofore found to be
appropriate at Plant No. 1 and Plant No. 2 of the Company. With
respect to the sergeant guards, the Company contends that they are
not employees within the meaning of the Act, and therefore cannot
constitute an appropriate unit.
The guard sergeants are charged with the responsibility of seeing
that the guards are at their proper posts and properly equipped. They
inform the guards of all new orders, explain their duties to them, and
direct them in the performance of their duties. Each guard sergeant
has from 35 to 50 guards under him. The sergeants caution guards
for infractions of minor regulations,,and in the event of a serious viola-,
tion, take the guards directly to the superior officers. We find that
sergeant guards are supervisory employees.
• For the reason stated in the Maryland Drydoclc case,3 we find that
the unit of sergeant guards proposed by the UERM in Case No.
R-5074 is not an appropriate unit for collective bargaining, within the
meaning of Section 9 (b) of the Act, and we shall dismiss the petition
filed by the UERM in Case No. R-5074. ' `
As stated above, the Company would exclude firemen and safety
engineers from the unit requested by the UERM, in Case No. R-5065.
The, Company maintains a fire department for the protection of its
property. The Company has a group of fire fighters who keep the fire
fighting equipment in proper condition and respond to all fire alarms.
The fire fighters are a subdivision of the Company's safety department.
Under the circumstances we ' shall not include firemen in the guard
unit, but shall set them up as a separate unit. The record indicates,
and we find, that safety engineers are supervisory employees. We
shall exclude them from the firemen's unit. ,
The guards at Plant No. 1 and Plant No. 2 of the Company have
heretofore been found by-the Board to constitute an appropriate
unit 4 Similarly, the Board has found that firemen at Plant No. 1
and Plant No. 2 of the Company, excluding safety engineers, consti-
tute a separate appropriate unit., The duties of the guards and the
firemen at the Tyson powder farm are the same as those of the guards
and firemen at Plant No. 1 and Plant No. 2.. Under the circumstances,
we find that the guards and the firemen at the Tyson powder farm may
properly constitute a part of the units of guards and firemen previously
8 49 N L R B 733
4 45 N 'L. R. B. 350.
49 N L. R. B. 77.
UNITED STATES CARTRIDGE COMPANY 361
found appropriate at Plant No. 1 and Plant No. 2 of the Company.
We will make no final determination of the guards ' or firemen 's units
pending results of the elections to be ordered among the guards and
the firemen at ,the Tyson powder farm. If these employees choose the
UERM as their - bargaining representative , they will constitute parts
of the guards ' and firemen 's units at Plant No. 1 and Plant No. 2
heretofore certified by the Board.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved ,by means of elections by secret ballot among
the employees who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Elections 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 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 a part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with United States
Cartridge Company, St . Louis, Missouri , elections by secret ballot
shall be conducted as early as possible , but not later than thirty (30),
days from the date of this Direction of, Elections , under the direction
and, supervision of the Regional Director for the Fourteenth 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 all employees of the Company in each of the
groups described below who were employed 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 including 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 :
1. All guards at the Tyson powder farm, excluding guard sergeants
and employees of higher rank, to determine whether or not they
desire to be represented by United Electrical , Radio & Machine
- Workers of America, Plant Protection Local 816, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
362 DECISIONSI OF NATIONAL- LABOR. R,ELATION'5n BOARD
2. All firemen at the Tyson powder farm, excluding safety engi-
neers, to determine whether or not they desire to be represented by
United Electrical, Radio & Machine Workers of ,America; affiliated
with the Congress of Industrial Organizations, for, the purposes - of
collective bargaining.
ORDER
Upon- the basis of the foregoing findings of fact, and upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petition for investigation and certification of repre-
sentatives of employees of United States Cartridge Company,-St.
Louis, Missouri, filed by United Electrical, Radio & Machine Work-
- ers of America, affiliated with the Congress of Industrial Organiza-
tions, in Case No. R-5074, be, and it hereby is, dismissed.
CHAIRMAN MILms took no part in the consideration of the above
Decision, Direction of Elections and Order.