American Armament Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1942

43 N.L.R.B. 834 (N.L.R.B. 1942)

In the Matter of AMERICAN ARMAMENT CORPORATION and UNITED
MINE WORKERS OF AMERICA, DISTRICT No. 50, C. I. O.
Case No. R-4125.Decided August 31, 194
Jurisdiction : munitions manufacturing industry.
Investigation and Certification of Representatives . existence of question : re-
fusal to accord petitioner recognition until certified by the Board; contract
automatically renewed after filing of petition held no bar; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding watchmen and clerical and supervisory employees.
Dlr. Merwin Lewis, of New York City, for the Company.
'Mr. Valentine Lesko and Mr. Bruno Olimizri, of Greensburg, Pa.,
and Mr. Abe Vales, of Pittsburgh, Pa., for the U. M. W.
Mr. Joseph A. Rossi and Mr. Nicholas Stironi, of Pittsburgh, Pa.,
fo'r the A. F. of L.
Mr. Seymour J. i,Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Mine Workers of America,
District No. 50, C. I. 0., herein called the U. M. W., alleging that a
question affecting commerce had arisen concerning the representation
of employees of-American Armament Corporation, Derry, Pennsyl-
vania, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before W. G.
Stewart Sherman, Trial Examiner. Said hearing was held- at Greens-
burg, Pennsylvania, on August 6, 1942. The Company, the U. M. W.,
and International Hod Carriers, Building and Common Laborers
Union of America, Local No. 1451, A. F. of L., herein called the A. F.
of L.; 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 Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
43 R B, No 134
834
AMERICAN ARMAMENT 'CORPORATION 835
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Armament Corporation, a Delaware corporation, having
its principal office in New York City; and plants in Allentown and
Derry, Pennsylvania, is engaged in the manufacture and assembly
of bombs and other types of munitions. The plant at Derry, Pennsyl-
vania, is the one involved in this proceeding. In a 1-year period
preceding July 1, 1942, the Company purchased raw materials valued
in excess of $1,000,000, 50 percent of which originated outside the
Commonwealth of Pennsylvania. The value of the finished products
fdr the same 1-year period was in excess of $1,000,000, of which approx-
imately 100 percent was shipped to places outside the Commonwealth
of Pennsylvania. The Company concedes that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
IL THE ORGANIZATIONS INVOLVED
United Mine Workers of America, District No. 50, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.'
International Hod Carriers, Building and Common Laborers Union
of America, Local No. 1451, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION I
In September, 1941; the U. M. W. began an organizational drive
among the employees of the Company. During the succeeding months
and up to the present, the U. M. W. continued this drive, meeting
with the employees on several occasions,. and securing signed member-
ship cards: On May 23, 1942, by telephone and by registered mail, the
U. M. W. informed the Company that it represented a majority of its
employees and requested that the Company arrange for a conference.
The Company expressed doubt as to the claims of the U. M. W. and
took the position that the question of representation should be settled
in an election conducted by the Board.
. There is an existing contract between the A. F. of L. and the
Company in which membership in the A. F. of L. is a condition of em-
ployment. This agreement, executed on June 25, 1941, contains a
provision for automatic renewal from year to year in the absence of
30 days' notice by either party prior ' to the expiration of any yearly
period.
The A. F. of L. contends that the contract is a bar to this proceeding,
since it was renewed automatically on June 24, 1942, in the absence
of any 30-day notice by either party. The Company took the position
836 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
that this -pas a dispute between two unions which should be settled by
the Board. I -
We note, however, that more than 30 days prior to the expiration
of the first year period of the contract, the Company had notice of the
U. M. W.'s claim to represent a majority of the employees, and we note
further that the present petition -was filed more than 30 days before
June 24, 1942. In,view of these circumstances, we find that the auto-
matic renewal of the contract does not constitute a bar to a
determination of representatives at this time."
A statement of the Regional Director, introduced in evidence at the,
hearing, shows that the U. M. W. represents a substantial number of
employees in the, unit hereinafter found appropriate.'
We find that a question affecting commerce has 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 UNIT
The parties agreed that all production and maintenance employees,
excluding clerical and supervisory workers, should be included in the
appropriate unit. This is the unit provided for under the existing
contract. .
,The Company, the U. M. W., and one representative of the
A. F. of L. agreed at the hearing to exclude watchmen. Counsel for
the A. F. of L., however, went on record in opposition to this
exclusion.
,The Company employs approximately 15 armed and uniformed
watchmen (or guards) who have exclusive police jurisdiction in re-
spect to the protection of plant property. Some guards have been
commissioned as deputies by the State, and the remainder are in the
process of being so deputized. The Company characterized the bulk
of its production and maintenance employees as common labor.
We shall exclude the watchmen from the unit.
We find that all production and maintenance employees of the
Company, excluding watchmen, clerical' and supervisory employees,
i See Matter of International Harvester Company Tractor Works and Chicago Die
Sinkers Local No. 100 of the International Die Sinkers Conference , 36 N L . R. B 520;
Matter of Mitchell Battery , Company and United Electrical, Radio and Machine Workers
of America, Local ##11110, affiliated with the C . 1. 0, 35 N L R B . 198 ; Matter of
Vincent Steel Process Company and International Union , United Automobile Workers of
America, C I O , 32 N L R. B 991 ; Matter of Utica Knitting Company and Textile
Workers Federal Labor Union #21500, A. F. of L , 23 N L R. B 55 ; Matter of Colonic
Fibre Company, Inc . and Cohoes Knit Goods Workers Union No. 21511,, A. F. of L., 9 N. L.
R B 658
2 The Regional Director reported that the U. M. W. submitted 81 application-for-mem-
bership cards , all bearing apparently genuine original signatures , 80,of which , bore' dates
in May 1942, and 1 in June 1942. Of these, 62 bear, names of employees in the unit
alleged to be appropriate , which unit contained 120 employees on July 1, 1942. The
A. F. of' L supports its claim of interest in this proceeding by the contract of June 25,
1041, with the Company.
AMERICAN ARMAMENT CORPORATION 837
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in_ the appropriate unit who were employed during the
pay-roll period of July 10, 1942, subject to the limitations and
additions set forth therein.3
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 Rela-
tions Act, 49 Stat. 449, 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 to ascertain representa-
tives for the purposes of collective bargaining with American Arma-
ment Corporation, Derry, Pennsylvania, an election by secret ballot
shall be conducted' as early as possible, but not later than thirty (30)
days from the date of this Direction of Election, under the direction
and supervision of the Regional Director for the Sixth 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 employees of the Company in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
of July 10, 1942, including employees who did not work during said
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 any who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Mine Workers of America, District No. 50, affiliated with the Con-
gress of Industrial Organizations, or by International Hod Carriers,
Building and Common Laborers Union of America, Local No. 1451,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
CHAIRMAN MILL1s took no part in the consideration of the above
Decision and Direction of Election.
3 The pay-roll period of July - 10, 1942; is in"accordance with a stipulation,of the parties.