Mt. Vernon Car Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 8, 1940

26 N.L.R.B. 413 (N.L.R.B. 1940)

In the Matter Of MT. VERNON CAR MANUFACTURING COMPANYtp•A, CORPORATION and AMALGAMATED AsSOCIATION,OF,IRON, 'STEEL AND -TIN WORKERS OF NORTH AMERICA,,LOCAL,LODGE No.,-1756• (CIO); ,BROTHERHOOD RAILWAY. CARMEN,OF 'AMERICA, LODGE No. 423, ,(AFL)'; AND' INTERNATIONAL ASSOCIATION' 'OF MACHINISTS, LOCAL. 1417 (AFL) , , Case No. RE-4.-Decided August'8, 19/0 Jurisdiction : railroad and mine cars manufacturing industry. ' 1 cr i i t?, Investigation an Certification of Representatives :: agreement as to existence` ,of question;. election necessary . , At 1, , ,. Unit Appropriate for Collective Bargaining : production and, maintenance em- ployees excluding salaried employees, foremen, assistant foremen; gang leaders, inspectors , checkers, and timekeepers. " Mr. L. N. D. Wells, Jr., for the Board. ,Winston, Strawn & ,Shaw, by Mr,, George B. Christensen, of Chi- eago, Ill., and Jones, Grant, Sebat &, ,Tierner, by Mr, ,Don • Turner, , of , Mt. Vernon, Ill., for the Company. Mr. George L. O'Brien, of Chicago, Ill., for,the Brotherhood. Mr. W. A. Heath, of St. Louis, M o.,,, and, Mr,; Paul R. Hutchings, of, Washington,,D. ,C., for the I. A. Mr. A. F. Kojetinsky and, Mr. Alex Hudson, of St. ,Louis,, Mo,., forrj the Amalgamated., , . .. , • Mr. Woodrow J. Sandler, of counsel to,•the Board; DECISION. ,1 , r,, •. ' I:"; AND ,,.. ,r•„ DIRECTION, OF•:ELECTION' i' ,•,r.i STATEMENT OF•THE CASE • On December 16, 1939, Mt. Vernon Car Manufacturing 'Company, Mt. Vernon, Illinois, herein called the Company, pursuant to permis- sion granted by the National L'abor' Relati'ons Board, herein called the Board, filed with the,Board al petition alleging that a question affecting commerce, had arisen concerning the representation of em- ployees of the Company, and requesting an investigation and certifica- tion of representatives pursuant'to Section 9'(6) of 'the' National Labor Relations Act, 49 Stat. 449, herein called'the'Act.r -On'June128, 1940;' the Board, acting pursuant to-Section (c)' of'the'Act and A'rticl'e•'IIh' 26 N. L. R. B., No. 36. "413 ' 414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Section 10 (a), of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director for the Fourteenth Region (St. Louis, Missouri) to conduct it and to provide for an appropriate hearing upon due notice. - On July 15, 1940, the Regional Director issued a notice of hearing, copies.of which were duly served upon the Company; upon Amalga- mated Association of Iron, Steel and Tin Workers of North America, Local Lodge No. 1756, affiliated with the Congress of Industrial Or- ganizations, herein called the Amalgamated; upon Brotherhood Rail- way Carmen of America, Lodge No 423, herein called the Brother- hood; and upon International Association of Machinists, Local 1417, affiliated with the American Federation • of Labor, herein called the I. A. ?&., labor organizations-claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 29, 1940, at Mt. Vernon, Illinois, before R. N. Denham, the Trial' Examiner duly designated by the Board. : The Board and the Company were represented by counsel; the Amalgamated and the. Brotherhood by their representatives; all participated in the hearing. The I.'A. M. appeared at the hearing by its representatives but prior to the introduction of any testimony it withdrew from the proceeding.' Full opportunity to be heard, to examine and cross-examine witnesses, and to ;introduce evidence bearing upon the issues was afforded all parties.' At the hearing, pursuant to the stipulation of all parties, there were incorporated in the record herein the transcript of hearing' and exhibits in an earlier case-' to which the Company, the Amalga- mated, and the Brotherhood were parties, to the extent-that the same may be relevant and material to the issues involved herein. At the hearing the Trial Examiner denied a request by the Amalgamated that the hearing be postponed for 2 days. During the course of the hearing the Trial Examiner made several other rulings on motions and on objections to the admission of evidence. The Board has re- viewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following, FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Mt. Vernon Car Manufacturing Company is an Illinois corporation, with its, principal office and place of business located at Mt. Vernon,. Iilinois,.where it is engaged principally in the manufacture and sale of railroad and mine cars and parts thereof. I Mutter of Mt Iernon Car Manufacturing Company, a corporation and Local Lodge No. 1756, Arnalga- nrated Association of Iron, Steel & Tin Workers of North America affiliated with the Coinn irttee for Industrial Organizatiori ,t 11 N. L R. B 500. MT. VERNON CAR MANUFACTURING COMPANY.,, 1 4,115 The Company' s gross sales in 1939 ,a mounted to in excess of $5,000,- 000, and consisted principally of railroad freight cars ,, mine cars, cart wheels, castings , and .car parts and forgings . Approximately 75 per cent of the raw materials used by the Company in its, business in 1939 came from States other , than Illinois. During the same period ap;, proximately 90 per cent of the Company 's products were shipped to, places , outside the State of Illinois. The Company ' s operations are conducted in a plant approximately 80 acres in extent. There are approximately 8 miles of railroad'track in the plant directly connected with the tracks of the Louisville and Nashville Railroad Company and the Missouri- Pacific Railroad Com- pany and connected by switches with the tracks of the Southern Rail- way Company and the Chicago and , Eastern Illinois Railw€i,y Com- pany. Railways and coal mining enterprises constitufte the Company's principal customers. We find that the, aforesaid operations of the Company are performed upon i nstrumentalities which engage in trade, traffic , transportation and commerce among the several States. II. THE ORGANIZATIONS INVOLVED Amalgamated Association of Iron,' Steel'and Tin Workers'of North America, Local Lodge No. 1756, affiliated with the Congress of IIn-' dustrial Organizations, is 'a labor organization admitting to its them bership the hourly and piece-work, paid production and maintenance employees of the Company. Brotherhood Railway Carmen of America, Lodge No. 423, is a labor' organization, affiliated with the American Federation of Labor, ad- Initting to its membership the hourly and piece-work paid p"oductlon and maintenance employees of the Company.- International Association of Machinists, Local 1417, 'affiliated' with', the American Federation of Labor, is a labor organization,adlnittino to its membership machinists in the employ of the Company III. THE QUESTION CONCERNING REPRESENTATION At the hearing the parties stipulated 2 "that questions of repre- sentat;on affecting commerce within the meaning of the National Labor Relations Act have arisen concerning the employees of the company in ' that each of the labor organizations herein involved claims' to represent a majority of the,maintenance and production employees or claims to' represent a majority of the employees in a,. unit which it deems appropriate for the purposes of collective bar= gaining and' in 'that the company refuses 'to' recognize ;any of said' labor organizations as the exclusive bargaining agent of all of its 2 The I A M. was not'a party to this stipulation, since , as stated above, it withdrew from the proceeding and claimed no further interest therein. ' ' ' ' ^ ' ' 41`6 DECISIONS ` OF' NATIONAL' LABOR RELATIONS BOARD mdiii'terian'ce and production 'employees until such representatives of the' empl'o'yees' iii 'the appropriate unit or units' have been certified by' thet Board'," ' `THe parties fiirth'er''stipulated• that the Amalgamated andt'tli'e Bi'Ill'erhood''each `repre'sents a"substantial proportion'of the present employees"' of 'diet Company within the unit agreed upon' by' them. ; We find that a question has arisen concerning representation 'of employee's of 1 'the1'Comp'any. • t 1 ,. I i, 1 i I t i , , r 1, , 1 t, 1 r , IVti TH•E (EFFECT OF. THE QUESTION CONCERNING, REPRESENTATION UPON 'COMMERCE . „ . „ . ,/ We findt`tliat the question concerning representation which has arisen, occurring in connection with the operation of the, Company described in Section I' above, has a close,' intimate, and substantial` relation to trade, traffic, transportation, and commerce ' among the several States, and,'tends. to lead to ' labor, disputes "burdening and ob- structing commerce and' the free flow of commerce. V. THE APPROPRIATE UNIT On Februaryy21,ft1939, the' Board issued its Decision and Order finding that the Company's production and maintenance employees, excluding salaried employees, foremen, assistant • foremen, gang leaders, inspectors, checkers, and timekeepers, constitute a unit,ap pi, opriate for the purposes of collective bargaining. , None. of thepar-• ties,contended at the hearing herein that any other unit,is appropriate.' 'We' find'that'the-"production it maintenance employees of the Company, excluding salaried employees, foremen, assistant foremen, gang leaders, inspectors,, checkeTS, 'and timekeepers, constitute a unit appropriate' for the purposes of collective bargaining and that said unit will, insure to employees' ,of the Company the 'full benefit of their right to self-organization and to collective bargaining and otherwise effectuatet the 'policies of the Act, VI. THE DETERMINATION OF REPRESENTATIVES i - , , , , Ott ,, , • i , , i We find that the, question concerning representation, whic 'h has arisen can best be resolved by an election by secret ballot. The Coinpany and the Brotherhood contended at the hearing that the Company's last pay roll prior to the hearing, the pay roll of July 12t to 18, • 1940, together -with the Company's preferential list, of the 3 Matter,of Mt. Vernon, Car Manufacturing Company, a corporation and Local Lodge No. 1756, Amalga-, mated Association of Iron Steel & Tin Workers of. North America, affiliated with the Committee for Industrial Organization , 11 N L: R. B. 5001' ± Prior, to its, withdrawal, from the hearing, the I. A. M.,contended'that the Company's machinists con- stitute an appropriate bargaining unit. Upon its withdrawal, however, the I. A. M. conceded the ap- propriateness of the unit heretofore found. The Brotherhood also conceded the appropriateness of said unit, and the Amalgamated did not dispute it. , 1 1, MT. VERNON CAR MANUFACTURING COMPANY 417 same period, of employees temporarily ,laid off. who are eligible to be recalled by the Company to work, should be' used to determine the 'eligibility of employees to vote in the 'election. • The Amalgamated agrees to the use' of the preferential list for such purpose iii the e' ent that the Board selects a current pay roll; as determinative of eligibility to vote. i:• 1 r ,. '+ :^ The Amalgamated, however, contends that eligibility to votedn^the election- should be determined by the Company's pay roll of Junei18, 1937,5 a date shortly after which the Company enteredinto at contract .with the Brotherhood, providing;, inter alia ;y'for a closed, sliopr'and 'a check-off of Brotherhood dues.5 Since February 1940 the'Company has not given effect to that contract and has been conducting alit"open shop." + We , do not believe that -it will effectuate the. policies ,of the 'Act to, determine eligibility to vote,ag of a date 'as remote asthat) con- tended for by the Amalgamated!- Nor does-anylreason' ^appear'why eligibility should not be determined as of a''more^ 'current' date' than that contended for by'the Brotherhood aid 'the Company. • t•>>" -' We: shall accordingly direct that 'the employees-within the' •appro= priate'unit employed by the Company, 'during ',the'pay-roll; period immediately preceding the date of our' Direction' of+ Election," includ- ilig those whose names appear upon the' Company's preferential' list, of the same pay-roll period, of 'employees temporarily laid'off' who'are eligible to be recalled to work by the Company and. including em- ployees who have since been temporarily laid off and those who' did not work during such pay-roll period because they were ill or on'vaca'- tion, but excluding those who have since quit or'been'discharged foi cause, shall be eligible•to vote in the election:', f• ' "'' 't Upon the basis of'the above 'findings of 'fact and upon'sthe:entire record in the' case, the Board, makes' the following: r " CONCLUSIONS,OF LAW, ,•^,. ' '{ ; 1. A question affecting commerce has' arisen c'oneerniiig the iepre= sentation of employees of Mt. Vernon Car Manufacturing Company, is ''I , 1, I r N•' S alt. Mt. Vernon, Illinois, within the meaning of. Section 9 (c) and Section 2 (6) and (7) of the Act. "'''' t'i'F {'r :;l i nr I + 2. The production and maintenance employees of the Company, excluding salaried employees, foremen, assistant foremen, gang leaders, inspectors, checkers, and timekeepers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 5 Excluding those named thereon who are no longer in the Company's employ. 6 See Matter of Mt. Vernon Car Manufacturing Company, a corporation and Local Lodge No 1756, A•mal- gamated Association of Iron, Steel & Tin Workers of North America, affiliated with the Committee for Industrial Organizatiox , 11 N. L R. B 500 41'S DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Mt. Vernon Car Manufacturing Company, Mt. Vernon, 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 of Election, 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, Section 9, of said Rules and Regulations, among the production and maintenance employees of Mt. Vernon Car Manufacturing Company employed by it during the pay-roll period immediately, preceding the date-of this Direction of Election, including those whose names appear upon the .Company's preferential list, of the same pay-roll period, of employees temporarily,, laid off who are eligible to be recalled to work by the Company and including employees who have since been temporarily laid off- andrthose who did not work during such pay-roll period be- cause they were ill or on vacation, but excluding salaried employees, foremen, assistant foremen, gang leaders, inspectors, checkers, time- keepers, and those who have since quit or been discharged for cause, to determine whether they desire to be represented by Amalgamated Association of Iron, Steel and Tin Workers of North America, Local Lodge No. 1756, affiliated with the Congress of Industrial Organiza- tions, or by Brotherhood Railway Carmen of America, Lodge No. 423, affiliated with the American Federation of'Labor, for the purposes of collective bargaining, or by neither. , MR. EDWIN S. SMi7H Look no part in the consideration of the above Decision and Direction of Election.