Atlas Power Co.

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 473 (N.L.R.B. 1943)

In the Matter of ATLAS POWDER COMPANY, WELDON SPRING ORDNANCE
WORKS and UNITED GAS, COKE & CHEMICAL WORKERS OF AMERICA,
LOCAL 222, C. I. O.
In the Matter of ATLAS POWDER COMPANY, WELDON SPRING ORDNANCE
WORKS and ' INTERNATIONAL UNION OF OPERATING ENGINEERS,
INDUSTRIAL LOCAL 513-D-AFL.
Cases Nos. R-5811 and R-5812.-Decided September 6,1943
Mr. A. Earl Wyatt and Mr. John A. Walsh, of Weldon Spring, Mo.,
for the Company.
Mr. Victor B. Harris and Mr. James O'Reilly, of St. Louis, Mo., 'fo'r
the C. I. O.
Mr. L. C. Marks and Mr. Duke Brindley of St. Louis, Mo., for the
A. F. of L.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by United, Gas, Coke & Chemical
Workers of America, Local 222, affiliated with the C. I. 0., herein
called the C. I. 0., and International Union of Operating Engineers,
Industrial Local 513-D-affiliated with the A. F. of L., herein called
the A. F. of L., each alleging that a question affecting commerce had
arisen concerning the representation of employees of Atlas Powder
Company, Weldon Spring Ordnance Works, Weldon Spring, Missouri,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate consolidated hearing upon due notice before
Jack G. Evans, Trial Examiner. Said hearing was held at St. Louis,,
Missouri, on August 9, 1943. The Company, the C. I. 0., and 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 upon the issues. The C. I. O. objected to the inter-
vention of the A. F. of L. in Case No. R-5811 on the ground that the
A. F. of L. had failed to show that it represents a sufficient number
52 N. L. R. B., No. 75.
473
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the employees affected by the proceeding. For reasons set forth
below, the objection is overruled. The Company moved that the
consolidated cases be severed upon the ground that confusion would
result from consideration of the two cases together. The Company
also moved to dismiss both petitions upon the ground that neither
labor organization represents a substantial number of its employees.
The motions of the Company are hereby denied. At the hearing the
Company offered in evidence a certain letter which it proposed to
issue to its employees in the event that the Board directs elections
herein. The Trial Examiner rejected the proffered exhibit as
immaterial, and the Company thereupon requested that the Board
authorize it to issue the letter. We hereby affirm the Trial Examiner's
ruling rejecting the exhibit in question and decline to rule upon the
propriety of the Company's addressing this or a similar communica-
tion to its employees. At this stage of proceedings under Section 9
(c) of the Act, lacking evidence as to all the relevant facts and circum-
stances, it would manifestly be both impossible and improper for the
Board to decide prospectively whether an employer's conduct will
raise substantial and material issues with respect to"the conduct of a
ballot,' or whether, upon the filing of a proper charge followed by
complaint and hearing thereon such conduct might be found to
constitute an unfair labor practice within the meaning of Section 8
of the Act. During the course of the hearing the Trial Examiner
made rulings on a number of other motions and objections. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial error was committed. The rulings 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
Atlas Powder Company is a Delaware corporation having its
principal office and place of business at Wilmington, Delaware. The
Company operates several plants, one called the Weldon Spring
Ordnance Works at Weldon Spring, Missouri, which is the only plant
involved herein; it is a Government-owned, contractor-operated plant
and produces TNT and DNT. The raw materials used at said plant
during the course of a year exceed $1,000,000 in value, a substantial
portion of which is shipped from points outside the State of Missouri.
During the same period TNT, valued at approximately $1,000,000, is
shipped from the plant in question to points outside the State of
Missouri. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
' See Article III, Section 10, of National Labor Relations Board Rules and Regulations-
Series 2 , as amended.
ATLAS POWDER COMPANY
H. THE ORGANIZATIONS INVOLVED
475
United Gas, Coke & Chemical Workers of America, Local 222, af-
filiated with the Congress of Industrial Organizations, and Interna-
tional Union of Operating Engineers, Industrial Local 513-D-
affiliated with the American Federation of Labor, are labor organiza-
tions admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to recognize either of the petitioning
unions as the exclusive representative of the employees in the units
claimed to be appropriate in the absence of certification by the Board.
A statement of the Regional Director, introduced in evidence in-
dicates that each petitioning union represents a substantial number
of employees of the Company within the unit urged by said union
and hereinafter found to be appropriate .2
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
In 1942 and the early months of 1943, upon the filing of petitions
by the I. A. M. and various unions affiliated with the A. F. of L.
and C. I. 0.,3 the unions and the Company entered into a series of
agreements for determination of representatives in consent elections
or by Regional Director's cross-check, as the results of which repre-
sentatives were designated by employees of the Company and certified
by the Regional Director, in 12 bargaining units, described in detail
in Appendix A attached hereto. '
In the instant proceeding the parties have agreed to the estab-
lishment of two additional bargaining units which will include all
the remaining employees of the Company's Weldon Spring plant
2. In Case No . R-5811 the Regional Director's statement shows that the C. I. 0. submitted
817 membership cards , 537 of which bear the apparently genuine signatures of persons whose
names appear on the Company's pay roll of July 13, 1943 , which pay roll contains the names
of 1,479 employees Thirty-nine cards were dated in 1942; 436 in 1943; and 66 undated.
The A. F of L submitted 191 authorization cards in support of its interest in Case No.
R-5811, 43 of which bear the apparently genuine signatures of persons whose navies appear
on the above-mentioned pay roll . None of the cards was dated.
In Case No. R-5812 the A. F. of L submitted 258 membership cards , 59 of which bear
apparently genuine signatures and names of persons whose names appear on the Company's
pay roll of July 13, 1943 ; the pay roll contains the names of 189 employees . All the cards
were undated.
B International Union of Industrial Employees , International Brotherhood of Firemen
and Oilers , International Brotherhood of Electrical Workers, and International Union of
Operating Engineers , all affiliated with the A F. of L ; United Gas , Coke & Chemical
Workers and United Electrical, Radio and Machine Workers of America, affiliated with
the C. I. 0.
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
except office and technical workers, certain janitors and hospital and
cafeteria employees . We see no reason to disapprove the stipulated
units. In accordance with the agreement of the parties , we find that
the following groups of the Company 's employees in the Weldon
Spring plant constitute units appropriate for the purposes of col-
lective bargaining , within the meaning of Section 9 (b) of the Act.
(1) In Case No. R-5811 : All production employees in the box
factory, acid area, TNT lines, magazine area, and loading docks;
acid and TNT line repairmen permanently assigned to these areas;
and janitors permanently assigned to change houses, acid and TNT
lines, and magazine and loading dock areas ; excluding all other jani-
tors, foremen and all other supervisory employees with authority
to hire, promote, discharge , discipline , or otherwise effect changes in
the status of employees , or effectively recommend such action , all other
employees not specifically mentioned above, and all employees covered
by the previously stipulated units ( listed in Appendix A).
(2) In Case No. R-5812: All employees of the Company classified
as maintenance laborers and wearing "L" badges, excluding foremen
and all supervisory employees with authority to hire, promote, dis-.
charge, discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , foremen , and all other
employees of the Company.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of our Direction of
Elections herein, subject to-the limitations and additions set forth in
said Direction.
The C. I. O. urges the Board to deny the A. F. of L. a place on the
ballot in Case No. R-5811 on the ground that the A. F. of L. has failed
to show sufficient representation among the Company's employees in
the appropriate unit. Since the A. F. of L. has made some showing
of representation among said employees of the Company and inasmuch
as an election is to be conducted, we shall accord it a place on the ballot.
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 Re-
lations Board Rules and Regulations-Series 2, as amended, it is
hereby
ATLAS POWDER COMPANY 477
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Atlas Powder
Company, Weldon Spring , 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 , 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, Sections 10 and 11, of'said Rules and Regulations,
among the employees in the units found appropriate in Section IV,
above, who were employed by the Company at its Weldon Spring
plant 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
employees who have since quit or been discharged for cause: (1) to
determine , with respect to the employees in the unit described in
paragraph ( 1) of Section IV, whether they desire to be represented
by United Gas, Coke & Chemical Workers of America, Local 222,
affiliated with the C. I. 0., or by International Union of Operating
Engineers Industrial Local 513-D , affiliated with the A. F. of L., for
the purposes of collective bargaining , or by neither ; and (2) to de-
termine, with respect to the employees in the unit described in para-
graph ( 2) of Section IV, whether or not they desire to be represented
by International ' Union of Operating Engineers , Industrial Local
513-D , affiliated with the A . F. of L ., for the purposes of collective
bargaining.
CI3AM-MAN MJLLis took no part in the consideration of the above
Decision and Direction of Elections.
APPENDIX "A"
Firemen and Oilers Unit 1
Engine room employees
Boiler room employees
Ammonia oxidation compressor
operators
I. B. E. W. Unit 1
Outside electricians
Line foremen
Linemen
Groundmen
Firemen and Oilers Unit -2
Employees of purification plant
in booster stations
I. B. E. W. Unit 2
Electrical foremen
Electricians
Electrical maintenance men
Electrical instrument men
Telephone cablemen
Splicers
Armature Winders
478 DECISIONS OF NATIONAL
Operating Engineers Unit 1
Operation engineers
U. E. R. M. Unit
Plant guards
Operating Engineers Unit 2
Firemen
Fire fighters
Operating Engineers Unit 3
Diesel operators
Switch foremen
Switchmen
Industrial Employees
Union Unit 1
LABOR RELATIONS BOARD
I. A. M. Unit
Machinists
Millwrights
Diesel mechanics and helpers
Automobile mechanics and helpers
Operating Engineers Unit
Railroad weight masters
Railroad yard clerks
4
Operating Engineers Unit 5
Chauffeurs
Drivers
Maintenance mechanics
Maintenance mechanics helpers