Morden Frog & Crossing Works

National Labor Relations Board - Board Decisions

Jul 12, 1945

62 N.L.R.B. 1270 (N.L.R.B. 1945)

In the Matter of MORDEN FROG & CROSSING WORKS and UNITED CON-
STRUCTION WORKERS, AFFILIATED WITH THE UNITED MINE WORKERS
OF AMERICA
Case No. 13-R-2910.-Decided July 12, 1945
1VJr. H. E. Seyfarth, of Chicago, Ill., for the Company
Mr. Milton Hodson. of Hammond, Ind., and MlMr Floyd Higgins, of
Chicago Heights, Ill., for United Construction Workers
Mr. S. T. Perish, of Harvey, Ill , for United Steelworkers of America,
C. I. O.
Mr Joseph J. Zyrkouwski, of Chicago, Ill , for Pattern Makers' League
of North America
Mr Angelo J Fiumara, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, affiliated
with the United Mine Workers of America, herein called the United,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Morden Frog & Crossing Works, Chicago
Heights, Illinois , herein called the Company , the National Labor Relations
Board provided for an appropriate hearing upon due notice before Robert
T. Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on
May 4, 1943. The Company , the United , and United Steelworkers of
America, C. I. 0., herein called the C. I. O., appeared and participated.' All
parties were afforded full opportunity to be heard , to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues. The
aA representative of Pattern Makers' League of North America was present at the opening of
the hearing but withdrew shortly thereafter , without moving to intervene, upon learning that the
United and the C 1 0 disclaimed any interest in the pattern makers of the Company, and upon
the Company' s agreement to recognize the Pattern Makers' League of North America as the bar-
gaining representative of its pattein makers
62 N L R B, No 171.
1270
MORIJEX FROG & CR O SS ING \VORKS 1271
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
I. THE BUSINESS OF THE COMPANY
Morden Frog & Crossing Works, an Illinois corporation with its prin-
cipal office located at Chicago Heights, Illinois, is engaged in the manufac-
ture of railroad equipment. During the year 1944, the Company purchased
in excess of $500,000 worth of raw materials, over 50 percent of which
came from points outside the State of Illinois. During the same period, the
Company's sales were in excess of $750,000, more than 50 percent of which
represented shipments outside the State
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Construction Workers, affiliated with the United Mine Workers
of America, is a labor organization admitting to membership employees of
the Company.
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership, em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 23, 1945, the United addressed a letter to the Company
requesting recognition as the exclusive collective bargaining representative
of certain of its employees. The Company refused such request until the
United is certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence 'at the hearing,
indicates that the United 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.
2 The Field Examiner reported that the United submitted 83 application cards; that the names of
82 persons appearing on the cards were listed on the Company ' s pay roll of April 6, 1945 ; that, of
these 82 cards , 80 weic dated between February and March 1945, and 2 were undated. The Field
Examiner reported further that the C T 0 submitted 40 application cards; that the names of 24
peisons appearing on the caids were listed on the aforesaid pay roll; and that 15 of the 24 cards
wei c dated between September and December 1944, and 9 were dated during January 1945 The
Company has approximalcly 116 production and maintenance employees , excluding supervisors
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The United seeks a unit composed of all hourly paid production and
maintenance employees of the Company, including the hourly paid store-
room clerk, armed guards, the janitor, the matron, but excluding pattern
makers, the salaried storeroom clerk, the inspector, cook, office and clerical
employees , the yard boss, and foremen. While the Company and the C. I. 0
agree generally as to the composition of the unit sought by the United, there
is disagreement among the parties as to the inclusion or exclusion of the
hourly paid storeroom clerk, the armed guards, the janitor, the matron,
and the yard boss.
Storeroom clerks The Company employs two storeroom clerks. Roy
Nickels and Bernice Wroblewski. The parties agree to exclude Bernice
Wroblewski but are in disagreement as to Roy Nickels, whom the Conn-
pany would also exclude. Wroblewski is a salaried employee while Nickels
is hourly paid. Both work in the same office, located in the plant' proper
and are under the same supervision. It is their duty to check in receipts of
materials , to disburse all the materials to inventory and to the plant, and
to keep records of tools and materials checked out to employees. Nickels,
however, does most of the outside checking of materials as they are unloaded
from the trucks in the yard Since the record indicates that Nickel's duties
are substantially the same as Wroblewski's, whom the parties wish to
exclude, and since we do not distinguish between employees solely on the
ground of mode of payment in determining the appropriateness of a unit,
we shall exclude the two storeroom clerks.
Armed guards. The United would include, while the C I. O. and the Com-
pany would exclude, these employees The Company employs seven armed
guards. Four of them spend about an hour and a half each day in janitor
work, and the others do only guard duty. The duties of all these employees
consist, in the main, of the preservation of life and property and reporting
espionage . It does not appear that they possess monitorial duties in relation
to other employes, their work being essentially that of plant watchmen.
They are tinder the supervision of a cashier in charge of plant protection,
and wear distinctive caps. Although an effort was inacle at the hearing to
ascertain whether or not the guards were militarized, the witness inter-
rogated on that matter was unable to supply the desired information. In the
absence of such evidence, we cannot make a definitive finding with respect
thereto. Accordingly, we shall include watchmen, as such, and shall exclude
militarized plant-protection personnel,' if any.
The janitor The United and the C 1 O. would include, while the Com-
IThe iecoi d shows that Nickels is listed on the factory pay coil while \Vioblewski is on the office
pay loll and that no patticui ii reason exists foi this distinction
i See ltattri of Diavo Coipo,atto,,, 52 N L R B 322
BORDEN FROG & CROSSING WORKS 1273
pany would exclude, this employee. He performs janitorial Nrork at the
main shop locker room. We are satisfied that his interests lie with the
production and maintenance employees and shall include him.
The matron. The United would include, while the C. I 0 and the Com-
pany would exclude, this employee All her activities are confined to the
Company's main office building where she vN orks in the dining room,
kitchen, and the ladies' washroom. The record discloses that she also acts
as assistant cook. She does not have any contact with employees in the
plant and does not perform any work whatsoever in the plant proper. Since
her interests appear to be different from those of the production and main-
tenance employees, we shall exclude her.
The yard boss. The United and the C. I. 0. would exclude, while the
Company would include, this employee. Although the yard boss works
under the immediate supervision of a foreman, he nevertheless has author-
ity effectively to recommend to his foreman the hire and discharge of em-
ployees. We find that he possesses supervisory authority within the Board's
customary definition and shall exclude him
We find that all production and maintenance employees of the Company,
including watchmen and the janitor, but excluding the pattern makers, the
cook, the matron, the inspector, the storeroom clerks, militarized guards,
office and clerical employees, thf yard boss, foremen, and all other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of collective
bargaining 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 m
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to
the limitations and additions set forth in the Direction. The Company
requests that the Board make suitable arrangement for ballots to be mailed
to each employee of the Company, otherwise eligible to vote, who is a
member of the armed forces of the United States or Merchant Marine.
Since, as we fully stated in Matter of Mine Safety Appliances Co., 55
N. L. R. B. 1190, it is administratively impracticable to provide for mail
balloting of employees on military leave who are unable to appear at the
polls and a safeguard will be established for their interest, only those em-
ployees in the armed forces of the United States and in the Merchant
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Marine' who present themselves in person at the polls will be permitted
to vote.
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 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 Morden Frog & Crossing
Works, Chicago Heights, Illinois, 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, under the direction and supervision of the Re-
gional Director for the Thirteenth 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
unit found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction, in-
cluding the 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 and the Merchant Marine who
present themselves in person at the polls, but excluding any 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 United Construction Workers, affiliated with the United
Mine Workers of America, or by United Steelworkers of America, affili-
ated with the Congress of Industrial Organizations, 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 Election.
6 Members in the Merchant Marine are treated in the same manner as members of the armed
forces for voting purposes since their rights to civilian reemployment are substantially the same,
the former deriving their rights under Civilian Reemployment of Members of Merchant Marine,
50 App. Sec. 1472 of United States Code, and the latter under Selective Training and Service Act
of 1940, 50 App Sec 308 of United States Code