Day & Zimmermann, Inc.

National Labor Relations Board - Board Decisions

Mar 31, 1942

39 N.L.R.B. 1313 (N.L.R.B. 1942)

1
In the Matter of DAY & ZIMMERMANN, INC., IOWA ORDNANCE PLANT
and BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGIN1 MEN
In the Matter of DAY & ZIMMERMANN, INC., IOWA OItDANCE PLANT
and BROTHERHOOD OF RAILROAD TRAINMEN
Cases Nos. R-3580 and R-3581, respectively.-Decided March 31, 1942
Jurisdiction : operations under contract of an ordnance plant owned by United
States Government.
Investigation and Certification of Representatives : existence of question. Com-
pany refused to accord petitioners requests for recognition until certified by
the Board ; election necessary.
Units Appropriate for Collective Bargaining : (1) all yardmastci s, ciisp,itchers,
yardmen, yard-conductors, yard foremen, pilots, switchmen, yard brakemen,
switchtenders, and towermen employed in the train or yard switching service
on the railroad operated by the Company; no controversy as to-(2) all loco-
motive engineers, diesel operators, firemen, helpers, oilers, hostlers, and
hostler helpers employed in the locomotive service on the railroad operated-,
by the Company; diesel opeiators, helpers, and oilers included ovei the
'objection of one of the unions involved.
Mr. Henry W. Lehmann, for the Board.
Mr. George B. Yard, of Burlington, Iowa, for the Company.
Mr. W. P. Kennedy, of Minneapolis, Minn., for the Trainmen.
Mr. S. C. Phillips, of Cleveland, Ohio, for the Firemen.
Mr. Leo. P. Beasley, of Burlington, Iowa, for the International.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November, 13, ,1941, Brotherhood of Railroad Trainmen, herein
called the Trainmen, and Brotherhood of Locomotive Firemen and
Enginemen, herein called the Firemen, filed with the Regional Direc-
tor for the Eighteenth Region (Minneapolis, Minnesota) separate
petitions alleging respectively, that a question affecting commerce had
arisen concerning the representation of employees of Day & Zimmer-
mann, Inc., Iowa Ordnance Plant, Burlington, Iowa, herein called the
Company, and requesting an investigation and certification of repre-
39 N L R B , No 239
1313
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On February 13, 1942, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice, and, acting pursuant to Article III, Section 10 (c) (2)
of said Rules and Regulations, ordered that the two cases be
consolidated.
On February 20, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Fire-
men, and the Trainmen, and upon International Union of Operating
Engineers, herein called the International, a labor organization• claim-
ing to represent employees directly, affected by the investigation.
Pursuant to notice, a hearing was held on February 26, 1942, at Bur-
lington, Iowa, before Henry J. Kent, the Trial Examiner duly
designated by the Chief Trial Examiner. The Board, the Company,
the Firemen, the Trainmen, and the International were represented
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed these
rulings and finds that no prejudicial errors were committed. The
rulings are hereby affirmed. -
On March 12, 1942, the Firemen and the Trainmen filed a joint brief
which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Day & Zimmermann, Inc., operate the Iowa Ordnance Plant at
Burlington, Iowa, under a contract with the United States Govern-
ment. The United States Government owns all the physical ` prop-
erty at the Iowa Ordnance Plant. The Company is engaged in the
business of loading ammunition, shells, and bombs for the United
States Government at the Iowa Ordnance Plant. All materials used
by the Company are furnished by the United States Government and
in turn all finished products at the plant are shipped by it. The su-
perintendent of the plant testified that it is fair to assume that the
greater portion of the raw materials used at the Iowa Ordnance
Plant comes from points outside the State of Iowa. The Company
employs approximately 1,000 persons at the plant.
1
DAY & ZIMMERM'ANN, INC.
II. THE ORGANIZATIONS INVOLVED
1315
Brotherhood of the Railroad Trainmen is an unaffiliated labor or-
ganization , admitting to membership employees of the Company.
Brotherhood of Locomotive Firemen and Enginemen is an unaffili-
ated labor organization, admitting to membership employees of the
Company. '
International Union of Operating Engineers is a labor organization
affiliated with the Ariierican Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
In November 1941 the Trainmen and the Firemen requested the
Company to recognize them as the exclusive representatives of certain
of its employees. The Company denied these requests until such time
as the Board shall determine the bargaining representatives of its
employees. A statement of the Trial Examiner, read into the record,
shows that each of the labor organizations involved represents a
substantial number of employees in one of the two mutually exclusive
units urged by them to be appropriate.'
We find that questions. have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substan-
tial relation to trade, traffic, and commerce among the several States
and tend to lead to labor disputes burdening and obstructing coln-
merce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Trainmen urges that all yardmasters, dispatchers, yard con=
ductors, yard foremen, pilots, switchmen, yard brakemen, switch-
tenders and towermen constitute a unit appropriate for the purposes
'The Trial Examiner reported that the Trainmen presented 47 membership application
cards bearing the names of persons who appear on the Company 's pay roll of February 21,
1942. There are 72 employees in the unit alleged to be appropriate by the Trainmen He
further reported that the Firemen presented 28 membership application cards bearing the
signatures of persons whose names appear on the pay roll of February 21, 1942. There
are 42 employees in the unit alleged to be appropriate by the Firemen . The Trial Examiner
also reported that the International presented 8 membership application cards bearing
the names of persons appearing on the Company 's pay roll of February 21, 1942. These
cards were checked against the pay roll containing the names of employees in the unit
alleged to be appropriate by the Firemen and all eight appear thereon.
1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of collective bargaining. The Firemen and the International stated
that they had no objection to this unit. The Company took no posi-
tion with respect to the unit urged by the Trainmen. Under these
circumstances, we find that f he unit urged by the Trainmen is
appropriate.
The Firemen urges that all locomotive engineers, diesel operators,
firemen, helpers, oilers, hostlers, and hostler helpers employed in
the locomotive service of the Company, constitute an appropriate
unit. The International urges that the diesel operators, helpers, and
oilers should be included in a unit with all crane and shovel opera-
tors, air compressor operators, brake fillers, bull-dozer operators,
hoist operators (one and two drums), mixer operators, pump opera-
tors, tractor operators, stationary engineers, stationary firemen, and
portable firemen. The Company took no position with respect, to
the unit. Thus, the only controversy with respect to the unit urged
by the Firemen concerns diesel operators, helpers, and oilers, the
Firemen urging that they be included in a unit of railroad em-
ployees, and the International that they be included in the unit
claimed by it.
It appears from the record that the diesel operators, helpers, and
oilers work solely on the Company's railroad and are the type of em-
ployees that are usually included in units of railroad employees. Their
work has no connection with that of the rest of the employees in the
unit requested by the International and there is no interchange of
employees on the railroad with those in the remaining classifications
claimed by the International. Under these circumstances, we find
that the diesel operators, helpers, and oilers should be included in the
unit of railroad employees urged by the Firemen.
We find that all yardmasters, dispatchers, yardmen, yard con-
ductors, yard foremen, pilots, switchmen, yard brakemen, switch-
tenders, and towermen employed in the train or yard switching service
on the railroad operated by the Company, constitute a unit appropriate
for the purposes,of collective bargaining, and that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
We. find further that all locomotive engineers, diesel operators, fire-
men, helpers, oilers, hostlers, and hostler helpers employed in the
locomotive service on the railroad operated by the Company, constitute
a unit appropriate for the purposes of collective bargaining, and that
such unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining, and
otherwise will effectuate the purposes of the Act.
DAY & ZIMMEIRMANN, INC.
VI. THE DETERMINATION OF REPRESENTATIVES
1317
The Trainmen and the Firemen seek to be certified as the exclusive
representatives of the employees urged by them on the basis of the
record. However, their evidence of membership was not inserted
in the record. We find that the questions concerning representation
which have arisen can best be resolved by elections by secret ballot.
The Trainmen and the Firemen urge that in the event the Board
directs elections eligibility to vote should be determined by reference
to any pay roll of the Company for the month of February 1942. The
Company contends that the pay roll immediately preceding the- date
of the Direction of Election should be used for this purpose and the
International urges that a current pay roll be used. In accordance
with our usual practice we shall direct that the employees of the Com-
pany eligible to vote in the elections shall be those within the appro-
priate units who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Day & Zimmermann, Inc., Iowa Ordnance
Plant, Burlington, Iowa, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All yardmasters, dispatchers, yardmen, yard conductors, yard
foremen, pilots, switchmen, yard brakemen, switchtenders, and tower-
men employed in the train or yard switching service on the railroad
operated by the Company, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
3. All locomotive engineers, diesel operators, firemen, helpers, oilers,
hostlers, and hostler helpers employed in the locomotive service on
the railroad operated by the Company, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
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, 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
1318 DECISIONS OF'NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation ordered by, the Board to
ascertain 'representatives for the purposes of collective bargaining
'with Day'& Zimmermann, Inc., Iowa Ordnance Plant, Burlington,
Iowa, 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
Eighteenth 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 ;
1. among all yardmasters, dispatchers, yardmen, yard conductors,
yard foremen, pilots, switchmen, yard brakemen, switchtenders, and
towermen employed in the train or yard switching service on the rail
road operated by_ the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, including
employees who did not work during such 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 employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by the Brotherhood of Railroad
Trainmen for the purposes of collective bargaining.
2. among all locomotive engineers, diesel operators, firemen, helpers,
oilers, hostlers, and hostler helpers employed in the locomotive engine
service on the railroad operated by the Company who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during such 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 employees who have since quit or been discharged for cause,
to determine whether_they desire to be represented by Brotherhood of
Locomotive Firemen and Enginemen, or by International Union of
Operating Engineers, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.
MR. WM. Al. LEISERSON took no part in the consideration of the above
Decision and Direction of Elections.
I