Atlas Powder Co.

National Labor Relations Board - Board Decisions

Jul 7, 1945

62 N.L.R.B. 1179 (N.L.R.B. 1945)

In the Matter of ATLAS POWDER COMPANY and BROTHERHOOD OF RAIL-
ROAD TRAINMEN and ORDER OF RAILWAY CONDUCTORS
Case No. 8-RE-20.-Decided July 7, 1945
Mr. L. D. Ake, of Apco, Ohio, for the Company.
Mr. S. R. Harvey, of Cleveland, Ohio, for the BRT.
Mr. J. H. Rodgers, of Louisville, Ky., for the ORC.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Atlas Powder Company, Apco, Ohio, herein
called the Company, alleging that a question affecting commerce had arisen
concerning the representation of its employees, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice before
Thomas E. Shroyer, Trial Examiner. Said hearing was held at Cleveland,
Ohio, on May 7, 1945 The Company, Brotherhood of Railroad Trainmen,
herein called the BRT, and Order of Railway Conductors, herein called
the ORC, appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to intro-
duce 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 an opportunity to file briefs with the Board.
Upon the entire record in the case,' the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Atlas Powder Company, a Delaware corporation, operates the govern-
ment-owned Ravenna Ordnance Center at Apco, Ohio, where it is engaged
1 In its brief , the Company requested the correction of certain minor errors in the transcript of
testimony . No objections having been filed, the record is corrected as requested
62 N L. R B., No. 153.
1179
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the loading, storaging, renovating, and shipping of ammunition and
bombs. The material passing through the Center is valued in excess of
$1,000,000 per year, all of which is shipped to points outside the State
of Ohio.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Brotherhood of Railroad Trainmen, unaffiliated, is a labor organization
admitting to membership employees of the Company.
Order of Railway Conductors, unaffiliated, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company assumed the operation of the Ravenna Ordnance Plant on
August 26, 1940, and on August 19, 1943, it took over the operation of the
Portage Ordnance Depot. Together, the Plant and Depot are known as the
Ravenna Ordnance Center. The Plant and Depot are contiguous, containing
109 and 21 miles of railroad track, respectively.
In July 1942, the BRT was certified by the Board in two separate units
of Plant employees, one covering trainmen , consisting of yard conductors,
brakemen, switch tenders, and block station attendants ; and the other
'embracing yardmasters and assistant yardmasters.2 Thereafter the Com-
pany and the BRT entered into separate collective bargaining contracts, one
for trainmen , and the other for yardmasters In September 1943, as the
result of a consent cross-check, the ORC was designated by the Regional
Director in a single unit of all trainmen and yardmasters at the Depot.'
Subsequently, the Company and the ORC entered into separate contracts,
one for trainmen, and the other for yardmasters at the Depot. Each of the
contracts which the Company had with the BRT and the ORC has now
expired.
In its petition, the Company requests a merger of the Plant and Depot
trainmen and yardmasters into one bargaining unit. Although the BRT is
in accord with this position, the ORC claims that, in accordance with its
past contracts with the Company, separate units comprised solely of Depot
trainmen and yardmasters are appropriate. It is contended by the ORC
that the Company's petition should be dismissed on the ground that no
petition for an investigation and certification of representatives has been
filed by employees. This contention, in our opinion, is without ]merit, since
our Rules and Regulations provide for the filing of a petition by an em-
2 See Matter of Atlas Powdcr Company, 41 N L R It 127, and 42 N. L. R. B. 846. Yardntasters
and assistant yardmasters aie herein collectively called yardmasters
3 Matter of Atlas Powder Company, Case No. 8•R•1270.
ATLAS POWDER COMPANY 1181
ployer where , as here, he is confronted with conflicting claims to representa-
tion made by two labor organizations.`
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 UNITS
The ORC opposes the establishment of the single unit of Plant and Depot
employees sought by the Company-and the BRT, because of its prior desig-
nation, without objection by the Company, as bargaining representative
solely for employees of the Depot.
While it is true that the Company consented to a cross-check and entered
into separate contracts with the ORC, one for trainmen, and one for yard-
masters at the Depot, it was not until November 1943, about 3 months after
the ORC's designation, that the Company began to consolidate various
functions of the Depot and Plant as part of the program to form a single
operation to be known as the Ravenna Ordnance Center. Since that time,
the Company has merged the railroad and track equipment maintenance
functions of the Plant and Depot into one transportation department, and
has created for both the Plant and Depot one accounting department, one
stores department, one purchasing department, one plant-protection depart-
ment, one safety department, one engineering department, and one employ-
ment department. The record indicates that the Company is desirous of
completely unifying the Plant and Depot ' It thus appears that, at present,
employees of the Depot and Plant should be represented together for the
purposes of collective bargaining.' Since, however, collective bargaining
has been conducted on the basis of separate units for trainmen and yard-
masters, a division which remains unaffected by the integration of Plant
and Depot, we are of the opinion that such groupings should be preserved.
We find, accordingly, that each of the following groups of the Company's
employees employed at the Ravenna Ordnance Center constitutes a unit
appropriate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act :
1. All yard conductors, brakemen, switch tenders, and black station
attendants , excluding all supervisory employees with authority to hire,
' See Article III, Sections 1 and 2 (b), of National Labor Relations Board Rules and Regula-
tions-Series 3, as amended
5In April 1944 , the War Department requested the Company to consolidate the operations per-
formed by the 62 trainmen and 3 yardmasters employed at the Plant with those performed by the
19 trainmen and 3 yardmasters at the Depot , in order to conserve critical manpower and equipment.
The record discloses that such a merger would dispense with a train classification yard at the
Depot , eliminate 4 train crews , release 1 locomotive , and effectuate an annual saving of $93,400 in
manpower and equipment.
8 See Matter of Moraine Products Division , General Motors Corporation, 56 N L. R B 1887.
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action.
2. All yardmasters and assistant yardmasters, excluding all supervisory
employees with authority to hire, promote, discharge, discipline or other-
wise effect changes in the status of employees, or effectively recommend
such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by elections by secret ballot among the employees in the
appropriate units who were employed during the pay-roll period imme=
diately 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Atlas Powder Company,
Apco, Ohio, 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 Eighth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules and
Regulations, among the employees in the units found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not work
during the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding those
employees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Brotherhood of Railroad Train-
men, or by Order of Railway Conductors, for the purposes of collective
bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Elections.