United States Cartridge Co.

National Labor Relations Board - Board Decisions

Jul 8, 1942

42 N.L.R.B. 191 (N.L.R.B. 1942)

In the Matter of UNITED STATES CARTRIDGE COMPANY amd INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WoRKF.RS, LOCAL No 1, A F
OF L
In the Mattel Of UNITED STATES CARTRIDGE COMPANY and INTERNA-
TIONAL BROTHERHOOD OF FIRFMEN AND OILERS, LOCAL No 6, A F
OF L
Cases Nos R _3W and R-3796 -Decided July 8, 1942
Jurisdiction : cartridge manufacturing industry
Investigation and Certification , of Representatives - existence of question re-
fusal to accord any iunion recognition until certified by the Boaid, elections
necessary
Units Appropriate for Collective Bargaining separate units composing respec-
tively (1) all boiler room and tunnel employees including tunnel foremen
employed at Company's No 1 Powerhouse, excluding operating engineers, shift
engineers, superintendent, and tool foremen and (2) all employees of the Elec-
trical Department of Company's Plant No 1, including those employed on
electrical maintenance, repair, and construction work, but excluding the general
superintendent,-assistant superintendents, and clerical workers, held appro-
priate despite contention of intervening industrial union that employees in-
volved should be part of an industrial unit
Mr Charles K Hackler, of St Louis, Mo , for the Board
Mr R H McRoberts, of St Louis, Mo , for the Company
Mr Frank W Jacobs and Mr James A Morrell, of St Louis, Mo,
for the I B E W ,
Mr Joseph P Clark, of St Louis, Mo., for the Firemen
Mr William ,Sentner, of St Louis, Mo , for the U E R M
Mr George H Gentithes, of counsel to the Board , ,
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Brotherhood of Electrical
Workers, Local No 1, affiliated with the American Federation of Labor,
herein called the I B E W, and by International Brotherhood of
Firemen and Oilers, Local No 6, affiliated with the American Federa-
tion of Labor, herein called the Firemen, alleging that a question af-
fecting commerce had arisen concerning the representation of em-
42 N L R B, No 40
191
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees of United States Caitridge Company, St Louis, Missouri, here-
in called the Company, the National Laboi Relations Board provided
for an appropriate hearing upon due notice before Henry J Kent,
Trial Examiner Said hearing was held at St Louis, Missouii, on
April 30, 1942 The Company, the I B E W, the Firemen, and
United Electrical, Radio and Machine Workers of Ameiica, Local 825,
affiliated with the Congress of Industrial Organizations, heiein called
the U. E R M, appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues The Trial Examiner's rul-
ings made at the hearing are free fiom prejudicial eiror and are
heieby affirmed Briefs were filed on behalf of the Company, the
Firemen, and the U E R M, and have been duly considered by the
Board -
Upon the entiie record in the case, the Board makes the following.
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
United States Cartridge Company is a Maiyland corporation and a
subsidiary of the Western Cartridge Company It is presently oper-
ating at St Louis, Missouri" a single plant known as Plant No 1 under
a cost plus a fixed fee operation contract in the production of cartridges
for the United States Government A second plant to be known as
Plant No 2 and substantially a duplicate of Plant No 1, is now under
construction. Both plants, the machineiy and equipment therein, the
raw materials used, and the finished products aie the property of the
United States Government. The raw materials annually employed,
consisting of copper, brass, manufactured powder, and lead, amount
to several million dollars in value The finished products, likewise,
amount to several million dollars annually While the Company con-
cedes that the greater part of these mateiials and products are shipped
to and from the State of Missouri, it contends, howevei, that it is not
engaged in interstate commerce within the meaning of the Act We
find that the Company is engaged in commerce within the meaning of
the Act.,
II THE ORGANIZATIONS INVOLVED
-
International Brotherhood of Electrical Workeis, Local No 1, and
International Brotherhood of Firemen and Oilers, Local No 6, are
labor organizations affiliated with the American Federatioi of Labor,
admitting to membership employees of the Company. ,
wrl
1 Seo N L R B V Fainblatt, 306 U S 601
UNITED STATES CARTRIDGE COMPANY 193
- United Electrical, Radio and Machine Workers of America, Local
825, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III THE QUESTION CONCFRNING REPRESENTATION
The Fn emen and the I. B E. W sevei a] ly requested the Company
to bargain collectively with them for craft employees which each con-
tended it properly repiesented The U E R M also requested the
Company to bargain with it but on the basis of an industrial unit
The Company advised the three unions that before it undeitook to
bargain with them, then status as iepresentatives must be established
by the Board A statement of .the Regional Director, introduced in
evidence at the hearing, indicates that the I B E W and Firemen
each represents a substantial number of employees in the units
hereinafter found appropriate 2 ,
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.
IV THE APPROPRIATE UNITS
The I B. E W. seeks a unit composed of all employees of the Com-
pany's Electrical Depaitment at its St Louis plant, including persons
employed on electrical maintenance, i epair and construction work, but
excluding the general superintendent, assistant superintendents, cler-
ical workers and all other employees of the Company The Firemen
seek a unit consisting of all boiler Loom and tunnel employees, includ-
ing tunnel foremen employed at the No 1 and No 2 powerhouses at
2 The Regional Duector iepeited that the I B E W submitted 88 ipplications for
membership cards, all except 6 of which ( these 6 being undated ) were dated from 1939
to March 1942 All 88 signatures appear to be genuine and original and all are names
appearing on the March 22, 1942, pay roll containing 196 names of the electricians Classes
A and B and tl e electiicians ' helpers The I B E VV also submitted 17 applications
for membership cards, all but one dated from No embei 1941 to February 1942 The
names on these cards do not appeal on the abose pay loll covering the electricians All
17 of the signatures appeal to be genuine and original, and 8 are listed on the Maich 22,
1942, pay ion coNermg all hourly paid employees
The firemen submitted 86 authoi »ation and representation cards, 3 undated and 83
dated from December 1941 to April 1942 All 86 bore signatures except one which was
printed and all 85 signatures ippear to be genuine and originarsignatutes Sixty-seven ate
the names of persons on the Company s pay roll of April 23, 1942, listing 96 employees
The U F R M submitted 485 authoiiiation cards, 77 being undated and the balance
dated from October 1941 to Apul 1942 All but one appeared to be genuine and original
sign ituies Four hundred forty-three of the 484 are listed on the March 22, 1942, pay roll
coloring all hourly paid employees in the Company's entire plant at St Louis, Missouri,
which lists 13,165 Ruch employes The U E R M offered one authorvation card the
name on 'which is listed on the Ele