Pullman-Standard Car Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 19, 1941

36 N.L.R.B. 1124 (N.L.R.B. 1941)

In the Matter of PULLMAN-STANDARD CAR MANUFACTURING COMPANY
and STEEL WORKERS ORGANIZING COMMITTEE
Case No. R-2952
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 19, 1941
On September 12, 1941, the National Labor Relations Board, herein,
called the Board, issued its Decision and' Direction of Elections
in the above-entitled proceeding.' Pursuant- to said Direction of
Elections, elections by secret ballot were conducted one October 7,
1941, under the direction and supervision of the Regional Director
for the Tenth Region (Atlanta,' Georgia).' On October 16, 1941,
the Regional Director, acting pursuant to Article III, Section 9, of
National, Labor Relations Board Rules and -Regulations-Series 2,
as amended, issued an Election Report, -copies.: of which' were duly
served upon the parties. No objections to the conduct of the ballot
or to the Election Report were filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Group No. 1
1 Total number eligible------------------------------------- 22
2. Total ballots cast----------------------------------------- 18
3. Total number of ballots cast for Steel Workers Organizing
Committee, Local No. 1466------------------------------ 4
4. Total number of ballots cast for International Brotherhood
of Electrical Workers, Local No. 287--------------------- 13 ,
5. Total number of votes cast for neithe'r organization----- 1
6 Total number of challenged ballots------------------------ 0
7. Total number of void ballots------------------------------ 0
8 Total number of blank ballots----------------------------- 0
Group No. 2
1. Total number eligible- ------------------------------------ 163
2. Total ballots east ----------- ----------------------------- 151
3 Total number of ballots cast for Steel Workers Organizing
Committee, Local No. 1466______________________________ 18
235 N. L R. B., No. 78.
36 N. L. R B., No. 230.
1124
PULLMAN-STANDARD CAR MANUFACTURING COMPANY 1125
4. Total number of ballots cast for International Association
of Machinists, Local No. 359___________________________ 127,
5. Total number of votes cast for neither organization-----___ 5
6. Total number of challenged ballots_______________________ 1
7 Total number of void ballots______________________________ 0
8. Total number of blank ballots ------------------------------ 0
Group No. 3
1. Total number eligible_____________________________________ 987
2. Total ballots cast_________________ ------ 904
3. Total number of ballots cast for Steel Workers Organizing
Committee, Local No. 1466_______________________________ 736
4. Total number of ballots cast for Federal Labor Union, Affili-
ated with the American Federation of Labor____________ 111
5. Total number of votes cast for neither organization -____--- 24
6. Total number of challenged ballots_______________________ 28
7. Total number of void ballots _____________________________ 4
8 Total number of blank ballots ____________________________ 1
Since the number of challenged ballots cannot affect the results
of the election, the Regional Director made no report or recoinmenda-
tion regarding said challenges, and we find' it unnecessary to make
any determination with respect thereto.
In the Decision and Direction of Elections previously referred to
the Board stated :
... we shall direct that elections be held, (1) among the em-
ployees, with the exclusions specified below, claimed by the
I. B. E. W. to constitute an appropriate unit, to determine
whether they wish ' to be represented by the I. B. E. W., by
the S. W. O. C., or by neither of these organizations; (2)
among the employees, with the exclusions specified below, claimed
by the I. A. M. to constitute an appropriate unit, to determine
whether they wish to be represented by the I. A. M., by the
S. W. O. C., or by neither of these organizations. On the results
of these elections will depend the appropriate unit. If the
employees' iii either'of these two groups select a bargaining rep-
resentative other that the representative selected by the em-
ployees in the plant-wide industrial unit, they will constitute
a seperate and distinct appropriate unit. If they choose the
same representative as the employees in the plant-wide industrial
unit, they will be merged into a single unit with such employees.
Upon the basis of the entire record in the case, the Board makes
the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all electrical employees in the maintenance depart-
ment, and powerhouse and substation operators, of Pullman-Standard
1126 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
Car Manufacturing Company, Bessemer, Alabama, excluding fore-
men, leaders, and clerical employees, constitute a unit appropriate
for the purposes of collective bargaining.
We find that all machinists, apprentices and helpers, employees
in tool and -die shop classified as die men, machine operators, tool-
room men, toolroom helpers, handymen, and cranemen, millwrights,
production and maintenance welders, employees in wheel, axle, and
truck shop, except crane hookers, and employees in air-brake depart-
ment,' of Pullman-Standard Car Manufacturing Company, Besse-
mer, Alabama, excluding foremen, leaders, and clerical employees,
constitute a unit appropriate for the purposes of collective bargaining-
We find that all production and maintenance employees of Pull-
man-Standard Car; Manufacturing Company, Bessemer, Alabama,
including watchmen and plant- protection employees, but excluding
superintendents, foremen, leaders, clerical employees, and employees
enumerated above in the last two preceding paragraphs, constitute
a unit appropriate for the purposes of collective bargaining. . ,
We find that,the above units will insure to the 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.
Upon the basis of the above findings of fact and upon the entire
iecord in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS FOF LAW
1. All electrical employees in the maintenance department, and
powerhouse and substation operators, of, ,, Pullman-Standard Car
Manufacturing- Company, Bessemer, Alabama, excluding foremen,
leaders, and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the National Labor Relations Act.
2. All machinists, apprentices and helpers, employees in tool and
die shop classified as die men, machine operators, toolroom men, tool-
room helpers, handymen, and cranemen, millwrights, production and
maintenance welders, employees in wheel, axle, and truck shop, ex-
cept crane hookers, and employees in air-brake department, of Pull-
man-Standard Car Manufacturing Company, Bessemer, Alabama,
excluding foremen, leaders, and clerical employees. constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
2 It is to be noted that the Board intended in its Decision and Direction of Elections to
include employees in air -brake department in the unit sought by the 1 . .A., M.
PULLMAN-STANDARD CAR MANUFACTURING COMPANY 1127
3. All production and maintenance employees of Pullman-Stand-
ard Car Manufacturing Company, Bessemer, Alabama, including
watchmen and plant protection employees , but excluding superin-
tendents , foremen , leaders , clerical employees , and employees in
group 1 and 2 above, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the Natlonal'Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that International Brotherhood of Electri-
cal Workers , Local No. 287 , has been designated and selected by a
majority of all electrical employees in the maintenance department,
and powerhouse and substation operators , of Pullman-Standard Car
Manufacturing Company, Bessemer, Alabama, excluding foremen,
leaders, and clerical employees, as their representative for the pur-
poses of collective bargaining , and that pursuant to Section 9 (a)
of the National Labor Relations Act, International Brotherhood of
Electrical Workers, Local No. 287, is the exclusive representative of
all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other
conditions of employment.
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Local No. 359, has been designated and selected by a majority of
all machinists , apprentices and helpers , employees in tool and die
shop classified as die men, machine operators , toolroom men , toolroom
helpers, handymen , and cranemen , millwrights , production and main-
tenance welders , employees in wheel, axle , and truck shop, except
crane hookers , and employees in air-brake department, of Pullman-
Standard Car Manufacturing Company, Bessemer , Alabama, exclud-
ing foremen , leaders , and clerical employees, as their representative
for the purposes of collective bargaining , and that pursuant to Sec-
tion 9 ( a) of the National Labor Relations Act, International Asso-
ciation of Machinists, Local No. 359, is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay , wages , hours of employment , and other
conditions of employment.
IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee,
Local No. 1466, has been designated and selected by a majority of all
1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
production and maintenance employees of Pullman -Standard Car
Manufacturing Company, Bessemer, Alabama, including watchmen
and plant protection employees , but excluding superintendents, fore-
men, leaders , clerical employees, and employees enumerated' above
in the last two preceding paragraphs, as their representatives for
the purposes of collective bargaining , and that pursuant to Section
'9 (a) of the National Labor Relations Act, Steel Workers Organizing
'Committee , Local No. 1466, is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay , wages, hours of employment , and other conditions of
employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.