Pacific Car and Foundry Co.

National Labor Relations Board - Board DecisionsFeb 13, 1947

72 N.L.R.B. 580 (N.L.R.B. 1947)

In the Matter of PACIFIC CAR AND FOUNDRY COMPANY, EMPLOYER and BUILDING SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL No. 6, AFL, PETITIONER Case No. 19-R-2045.-Decided February 13, 1947 Mr. Pendleton Miller, for the Employer. Messrs. Ward Coley and William K. Dobbins, of Seattle, Wash., for the Petitioner. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Seattle, Washington, on December 27, 1946, before Daniel R. Dimick, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Pacific Car and Foundry Company, a Washington corporation, with its principal office and place of business at Renton, Washington, is engaged in the construction and repair of railway freight cars and in the manufacture, sale, and distribution of iron and steel products. During the past year, the Employer purchased raw materials, con- sisting chiefly of steel, iron, and lumber, valued in excess of $5,000,000, of which 50 percent came to the plant from points outside the State of Washington. During the same period, the Employer's sales of tractor accessories and equipment, bus bodies, railway freight cars, and various steel fabricated products amounted to approximately $15,000,- 000, of which 75 percent was shipped to points outside the State of Washington. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 1The petition and other formal papers were amended at the hearing to disclose the cor- rect name of the Employer. 72 N L R B, No. 112. 580 PACIFIC CAR AND FOUNDRY COMPANY II. THE ORGANIZATION INVOLVED 581 The Petitioner is a labor organization affiliated with the Ameri- can Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the- Petitioner has been certified by the Board in an appropriate unit? We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the agreement of the parties,3 that armed guards and watchmen,4 excluding the captain, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Pacific Car and Foundry Com- pany, Renton, Washington, an election by secret ballot shall be con- ducted 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 Nineteenth Region, acting in this matter as agent for the National Labor Relations Board, and'subject to Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appro- priate in Section IV, above, who were employed 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 em- ployees in the armed forces of the United States who present them- 2 During the course of the hearing , the Employer moved to dismiss the petition on the ground that the employees involved are representatives of management and, as such, are not employees within the meaning of the Act. The Company's contention is without merit . Matter of Chrysler Corporation, Highland Park Plant, 44 N L . It. B. 881; Matter- of Armour and Company , 59 N L R B. 783 s The Employer 's position with respect to the unit is subject to its position set forth inr footnote 2, above * From the record it appears that the armed guards and watchmen at the Employer's- plant exercise no monitorial duties. 582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD selves 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 or not they desire to be represented by Building Service Employees Inter- national Union Local No. 6 , AFL, for the purposes of collective bargaining.