Western Cartridge Co.

National Labor Relations Board - Board Decisions

Nov 7, 1961

134 N.L.R.B. 67 (N.L.R.B. 1961)

WESTERN CARTRIDGE COMPANY 67
stances of this case that a final determination by the State board of the
validity of the election has been deliberately avoided by the with-
drawal of the petition. We therefore cannot consider the election
valid. Accordingly, we find no merit in the Union's contention.
4. The appropriate unit :
We find, in accord with the agreement of the parties, that the follow-
ing employees of the Employer constitute a unit appropriate for col-
lective bargaining within the meaning of Section 9(b) of the Act.
All lithographic production employees, excluding all other em-
ployees, professional employees, guards, watchmen, and supervisors
as defined in the Act.
[Text of Direction of Election omitted from publication.]
Western Cartridge Company 1 and District 9, International
Association of Machinists (AFL-CIO). Case No. R-4688.
November 7, 1961
DECISION CLARIFYING CERTIFICATION
Pursuant to a Board certification on February 6, 1943, the American
Federation of Labor and Affiliated Organizations, was certified as
bargaining representative of a unit of all production and maintenance
employees of the Western Cartridge Company, East Alton, Illinois,
including working foremen who spend less than 50 percent of their
time in performing supervisory functions, and production and main-
tenance clerical employees, but excluding superintendents, general,
foremen, working foremen who spend a majority of their time per-
forming supervisory functions, and all supervisory employees of
higher rank, guards, office employees, timekeepers, stenographers and
typists on the factory payroll, technical employees, and firefighters.'
Effective August 28, 1946, District 9, International Association of
Machinists (AFL-CIO), hereinafter referred to as I.A.M., succeeded
and was substituted for the American Federation of Labor and Affili-
ated Organizations as the labor organization representing employees
covered by the certification, including all production employees in the
detonator department of the Employer now known as department
1360-detonator. Thereafter and continuously to the present time, the
parties have entered into collective-bargaining agreements.
On June 13, 1941, in Case No. R-2494, the Chemical Workers
1 Olin niathieson Chemical Corporation is the successor to Western Cartridge Company.
2 46 NLRB 948
134 NLRB No. 11.
68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local #22574, of which International Chemical Workers, Local #6,
is the successor, was duly certified by the Board as bargaining repre-
sentative for hourly paid production and maintenance employees of
the smokeless powder division of Western Cartridge Company, East
Alton, Illinois, including hourly paid foremen, technical employees,
and maintenance clerks, but excluding the superintendents, general
foremen, watchmen, and office clerks.
On June 21, 1961, the Employer filed a motion to clarify the certi-
fication in Case No. R-4688, requesting the Board to find that employ-
ees engaged in the production of pyrotechnics are specifically included
in the certified unit represented by the I.A.M. The Board on July 12,.
1961, requested all interested parties to state their position with respect
to the motion. On July 24,1961, the International Chemical Workers"
Union, Local #6, herein referred to as Chemical Workers, filed a reply
to the motion, in which it contended that the above employees are not
properly within the I.A.M.'s unit and requested the Board to deny
the motion and to find that these employees are properly includable
within the certified bargaining unit represented by the Chemical
Workers. Thereafter on August 21, 1961, the Employer filed a reply,
to the Chemical Workers' opposition.
Upon the entire record in the case, the Board 'finds:
There is no substantial dispute between the parties as to the facts.
The Employer's petition recites that at the time of the certification in
Case No. R-4688, and at all times since, the Employer was and is en-
gaged in department 1360-detonator in the manufacture of commer-
cial and military detonators and other military fuse components.
Such products are tiny, metal-enclosed, hermetically sealed, igniting
devices containing chemical charges, which in most cases are elec-
trically initiated through bridgewire circuitry and insulated lead
wires. Their manufacture involves delicate assembly work, loading of
chemical charges, and various electrical and environmental tests in-
volving the operation of chronographs, ohmmeters, and hot and cold
boxes. On or about January 25, 1961, the Employer commenced,
in said department, the production of igniting and pressure-producing
devices commonly referred to as "pyrotechnics." Like the products
described above, pyrotechnics are tiny metal-enclosed, hermetically
sealed, electrically initiated devices, containing chemical charges,
bridgewire circuitry, and insulated lead wires, the manufacture of
which involves delicate assembly work, the loading of chemical
charges, and various electrical and environmental tests, involving the
8 Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -member panel
[ Members Leedom, Fanning, and Brown].
WESTERN CARTRIDGE COMPANY 69
operation of chronographs, ohmmeters, and hot and cold boxes. , These
two products are similar in nature and require similar manufacturing
methods and skills. Employees engaged in the production of pyro-
technics were and are selected from, and necessarily interchange with,
'employees engaged in other production operations in the detonator
department. They are subject to common supervision and to the
same hours, rules, regulations, and policies as are employees engaged
in such other production operations in said department.
The Chemical Workers does not deny these facts, but contends that
the disputed employees should be included in its unit because of a
memorandum of understanding with the Employer and the physical
location of the employees in the part of the plant known as zone 4. It
further contends that members of the Chemical Workers have in the
past performed like duties on similar productions, are currently per-
forming part of said work, and are thus qualified and able to perform
the work. However, the reply of the Chemical Workers clearly shows,
and we find, that detonator department employees are excluded from
their certification and collective-bargaining agreement. Moreover, the
Employer's reply shows, and the Chemical Workers does not deny, that
the detonator department is not a part of the "smokeless powder divi-
sion" covered by the Chemical Workers' contract. It is also clear from
the Chemical Workers' reply that physical location of employees in a
particular zone of the plant is not determinative of their unit
placement.
As the certifications and bargaining agreements indicate that the
I.A.M. has been certified for and has represented the detonator depart-
ment employees, and as the "pyrotechnic" employees are interchanged
with detonator department employees; have the same supervisors,
duties, and conditions of employment; and have a community of inter-
est with such employees, we find that the "pyrotechnic" employees are
a part of the detonator department and are within the unit represented
by the I.A.M.' Accordingly, we shall grant Employer's motion, and
we hereby deny Chemical Workers' request. We find that employees
engaged in production of pyrotechnics are an accretion to the I.A.M.'s
certified unit, and shall therefore clarify the certification to include
them in that unit .5
[The Board clarified the certification heretofore issued by specifi-
cally including in the description of the appropriate unit employees
engaged in the production of pyrotechnics.]
* The fact that some members of Chemical Workers may have performed similar work
in the past is immaterial . See Brooklyn Union Gas Company, 129 NLRB 361.
0 See Kennecott Copper Corporation, Nevada Mines Division , 122 NLRB 198 ; Levingston
Shipbuilding Co., 120 NLRB 205.