The National Supply Co.

National Labor Relations Board - Board Decisions

Jul 12, 1944

57 N.L.R.B. 194 (N.L.R.B. 1944)

In the Matter of THE NATIONAL SUPPLY COMPANY and AMERICAN
FEDERATION OF LABOR
Case No. 8-R-1425
SUPPLEMENTAL DECISION
AND
ORDER
July 12, 1,944
On May 23, 1944, the Board issued its Decision and Direction of
Election herein 1 in which it found that a unit composed of the mili-
tarized guards employed by the Company was appropriate for collec-
tive bargaining, and directed an .election therein. Thereafter, upon
motion of Internationale Union, United. Automobile, Aircraft and
Agricultural Implement Workers of America, C. I. 0., herein called
the CIO, based upon information that, not only the -guards but also
the, watchmen had been sworn in as members. of the Auxiliary Military
Police, the Board on June 9, 1944, ordered that the record herein be
reopened and a new hearing held. Said hearing-was held upon due
notice in Toledo, Ohio, on June 20, 1944, before Thomas E. Shrbyer,
Trial Examiner. All parties were afforded full ' opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The 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 :
SUPPLEMENTAL FINDINGS OF FACT
Contrary to the understanding of the parties at the time of the
original hearing herein, the watchmen employed by the Company, as -
well as the guards with whom the petition was concerned, were then
members of the Auxiliary Military Police. Our finding in the Deci-
sion and Direction of Election that the guards constitute a unit appro-
priate for collective bargaining separate and apart from the watch-
men, who are presently represented in a unit of production and main-
156 N. L. R. B. 816.
57 N. L R. B, No. 34.
194
THE NATIONAL SUPPLY COMPANY 195
tenance employees , was, therefore ,. based upon a mistake of fact, for
the only mark - of differentiation warranting the separation of guards
from watchmen for the purposes of collective bargaining , as Nye found
in said Decision , was the militarization of guards and the supposed
non-militarization of watchmen . The two groups must, therefore, be
considered as one for the purposes of this Decision.
On-June 12,1944, the United States Army issued certificates of meri-
torious service to all members of the Company 's plant-protection force,
effecting their honorable discharge from the Auxiliary Military Police.
The American Federation of Labor, petitioner herein , contends that
despite the removal of the distinguishing characteristic of militariza=
tion, these employees constitute a separate bargaining unit. We do.
not agree : The watchmen employed by the Company have for a num-
ber of years been represented in a unit with the maintenance and pro-
duction employees , and the CIO presently holds a contract covering
the employees in that unit. Absent militarization , no reason appears
for segregating either the watchmen or the guards from the estab-
lished unit.2
In the light of the -facts above stated , we find that the unit sought
to be established by the petition herein is inappropriate and therefore;
that no question now exists concerning the representation of employees
in an appropriate bargaining unit. Accordingly we shall dismiss the
petition.
ORDER
Upon the basis of the above findings of fact, the National, Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives,,filed by the American Federation 'of
Labor, be, and it hereby is, dismissed.
MR. GERARD D. REII.LY took no part in the consideration of the
above Supplemental Decision and Order.
2 See Matter of Bell Telephone Laboratories , Incorporated , 55 N L R. B. 87; Matter of
Commonwealth Edison Company ( Supplemental Decision ) 55 N. L. R. B. 732.