United States Defense Corp.

National Labor Relations Board - Board Decisions

Dec 16, 1952

101 N.L.R.B. 1065 (N.L.R.B. 1952)

UNITED STATES DEFENSE CORPORATION 1065
Leroy E. Fox
3rd quarter 1949 - - _ - - - _ $79. 20 None None $79. 20
4th quarter 1949------- 343. 20 None None 343.20
1st quarter 1950 -------- 151. 20 $163. 00 None None
2nd quarter 1950 - - - - - - - 390. 00 364. 00 None 26. 00
3rd quarter 1950 - - - - - _ - 336. 00 240. 76 None 1095. 24
4th quarter 1950 - - _ _ _ _ _ 348.00 351. 03 None None
1st quarter 1951 -------- 414. 00 338. 80 None 75. 20
2nd quarter 1951 ------- 208.,00 190. 20 None 17. 80
Total Net Back Wages Due Leroy E. Fox------------------- $636. 64
Conclusions
Upon the foregoing findings and computations I make the following
conclusions:
1. That the total net back pay due Leroy E. Fox is $636.64
2. " Lane Ledford is $452.07
3. " Harold Thomas is $1,154.54
4. " " George H. Young, Jr., is $936.20
[Recommendations omitted from publication in this volume.]
10 The pal-ties show this amount to be $101.24.
UNITED STATES DEFENSE CORPORATION and INTERNATIONAL BRO'rI-IF:It-
HOOD OF ELECTRICAL WORKERS, AFL, PETITIONER
UNITED STATES DEFENSE CORPORATION and LOCALS 2, 2A, 2B AND 2C,
INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, PETITIONER
UNITED STATES DEFENSE CORPORATION and CARPENTERS DISTRICT
COUNCIL OF THE CITY OF ST. LOUIS, UNITED BROTHERHOOD OF CAR-
PENTERS AND JOINERS OF AMERICA, AFL, PETITIONER
UNITED STATES DEFENSE CORPORATION and PAINTERS DISTRICT COUNCIL
No. 2, BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS
OF AMERICA, AFL, PETITIONER
UNITED STATES DEFENSE CORPORATION and TEAMSTERS LOCAL 604,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN , AND HELPERS OF AMERICA, AFL, PETITIONER. Cases Nos.
14-RC-1972,14-RC-2028,14-RC-2047,14-RC-,0048, and 14-RC-
2058. December 16,1952
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a consolidated hearing was held before John M.
101 NLRB No. 175.
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Schobel, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in these cases, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act?
2. The labor organizations involved claim to represent certain
employees of the Employer 2
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. Each Petitioner has requested that a craft unit be severed from the
existing production and maintenance unit. The International Broth-
erhood of Electrical Workers, hereinafter called Electricians, requests
a unit of all maintenance electricians, assistant electricians, and ap-
prentices. The International Union of Operating Engineers, here-
inafter called Engineers, requests a unit of all boiler room and engine
room employees. The United Brotherhood of Carpenters and Joiners
of America, hereinafter called Carpenters, requests a unit of all car-
penters, woodworking machine hands, furniture repairmen, and furni-
ture movers. The Brotherhood of Painters, Decorators and Paper-
hangers of America, hereinafter called Painters, requests a unit of
all maintenance painters. The International Brotherhood of Team-
sters , Chauffeurs, Warehousemen & Helpers of North America, here-
inafter called Teamsters, requests a unit of all drivers and helpers .-3
The Employer manufactures ammunition for the United States
Government. The plant is located on Goodfellow Boulevard in St.
Louis, and in connection therewith the Employer maintains a nearby
powder storage area known as the Tyson Valley Farm. The unit
proposed by each Petitioner includes employees at both locations. The
plant has been operated by the Employer since 1951. It also was
operated during the years 1941 through 1945 by the United States
I The Employer neither admits nor denies that it is engaged in interstate commerce
within the meaning of the Act. As the Company operates under a defense contract with
the United States Government, we find that the Employer is engaged in interstate commerce
and that it will effectuate the policies of the Act to assert jurisdiction herein . Westport
Moving and Storage Company , 91 NLRB 902
' The International Association of Machinists, District 9, AFL, herein called the
Intervenor, was allowed to intervene at the hearing on the basis of a current contract
interest.
3 The Sheet Metal Workers International Association also petitioned for a unit of some
of the Employer's employees but withdrew from the proceedings prior to the commence-
ment of the hearings . We shall, therefore, not pass on the appropriateness of the unit
it requested.
UNITED STATES DEFENSE CORPORATION 1067
Cartridge Company, during which time craft units similar to those
herein sought were found by the Board to be appropriate.4
On November 23, 1951, the Employer and the Intervenor executed a
1-year contract covering the Employer's production and maintenance
employees. The Employer and Intervenor contend that the existing
plant-wide unit is alone appropriate. As the record clearly indicates
that the Employer adheres to craft lines in the assignment of work,
the organization of departments, and supervisory staff, and as no
evidence was adduced at the hearing to the contrary, we find no merit
in this contention. We therefore shall consider the specific unit con-
tention of each Petitioner.
The proposed Electricians' unit. Electricians requests a unit of
all maintenance electricians, assistant electricians, and apprentices.
The Employer has no formal apprentice program but does have three
classes of electricians, the lowest of which corresponds to an apprentice
or helper. The other two classes are journeymen electricians and
assistant electricians who have not yet become journeymen. All these
employees have a single shop used only by electrical workers. The
employees do only electrical work and are separately supervised.
They maintain and repair electrical machinery. Many of the elec-
tricians work primarily on one type of electrical job, but they are
required to have and exercise all of the skills and abilities of an
electrician in performing their duties. We find that the electricians
and their assistants constitute a homogeneous, identifiable craft group
who may, if they desire, constitute a separate bargaining unit .5 The
record further establishes that the apprentices or helpers work only
with the electricians and have interests and working conditions similar
to those of the electricians. Accordingly, we shall include them in
the voting group.
The proposed boiler room unit. Engineers requests a unit of all
boiler room and engine room employees including stationary engi-
neers, water testers, maintenance mechanics, boiler firemen, craft
utility men, and coal conveyor operators. All the employees in this
group work under separate immediate supervision in the boiler room,
operating the boiler room equipment. The record does not show
that the Employer has any engine room. The employees are physi-
cally segregated from and do not interchange with other employees.
Accordingly, we find that the boiler room employees are a traditional
powerhouse group of the type which the Board has held may, if they
so desire, constitute a separate unit .e
4 See United States Cartridge Company, 52 NLRB 849 , 49 NLRB 77, 45 NLRB 1043, and
42 NLRB 77.
c Merck d Co., Inc., 88 NLRB 975, 980.
4 The Electrical Storage Battery Company , 94 NLRB 1308.
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The proposed Carpenters' unit. Carpenters requests a unit of all
carpenters, woodworking machine hands, furniture repairmen, and
furniture movers. It appears, from the record, that of the classifica-
tions sought, only carpenters are actually employed by the Employer.
The employees perform the customary duties of their craft and have
separate immediate supervision. Although they work throughout the
plant, their headquarters is in the carpentry shop, which is for their
use alone. We find that the carpenters are an identifiable, homoge-
neous craft group who, if they so desire, may be established in a sepa-
rate bargaining unit .7
The proposed Painters' unit. Painters requests a unit of all main-
tenance painters. These employees, who are classified as sign painters,
painters class A and B, and paint mixers, work only as painters, under
separate immediate supervision, and have their own shop. Their du-
ties include mixing and blending paints, as well as painting signs,
furniture, equipment, or structures of the Employer. Accordingly,
we find that these employees are a traditional craft group who may, if
they so desire, constitute a separate bargaining unit.
The proposed drivers' unit. Teamsters requests a unit of all drivers
of gasoline- and electric-powered units, and helpers, including powder
handlers, material handlers, and dispatchers. The record does not
show that any helpers are employed by the Employer. The Employer
objects to the inclusions of the powder handlers and material handlers.
The drivers perform the customary duties of their classification, driv-
ing vehicles on runs and routes assigned by the dispatcher. We find
that the drivers and dispatchers constitute an identifiable, homogene-
ous group of the type which, the Board has held, may constitute a
separate unit." The material handlers are in a maintenance depart-
ment labor pool and work throughout the plant, handling and moving
materials. While they load or unload trucks, that is only and inci-
dental part of their duties. The powder handlers spend 25 to 40
percent of their time loading and unloading powder. The balance
of their time is spent in general maintenance work in conjunction
with the laborers, under the supervision of the maintenance supervisor.
In view of the foregoing, and upon the entire record, we find that
the powder handlers and material handlers do not have sufficient
community of interest with the drivers to warrant their inclusion in
the same unit with the drivers.
We shall direct that separate elections be held among the following
groups of employees, excluding therefrom all other employees, guards,
and supervisors as definde in the Act :
Group (A) All maintenance electricians, assistant electricians, and
their apprentices.
Sinclair Rubber, Inc., 9& NLRB 220, 224.
D. B. Thornton Co., 94 NLRB 1188.
WAUMBEC DYEING AND FINISHING CO . 1069
Group (B) All boiler room employees,9 including stationary engin-
eers, water testers, maintenance mechanics, boiler firemen, craft utility
men, and coal conveyor operators.
Group (C) All carpenters io
Group (D) All maintenance painters.
Group (E) All drivers and dispatchers of gasoline- and electric-
powered vehicles.
If a majority of the employees in groups A, B, C, D, or E vote for
the labor organization seeking to represent that group separately, they
will be taken to have indicated their desire to constitute a separate
appropriate unit, and the Regional Director conducting the elections
herein is instructed to issue a certification of representatives to such
labor organization or organizations for such unit or units, which the
Board under such circumstances finds to be appropriate for purposes
of collective bargaining. In the event a majority in any of the voting
groups vote for the Intervenor they will be taken to have indicated
their desire to remain part of the existing production and maintenance
unit, the Regional Director will issue a certification of results of
election to such effect.
[Text of Direction of Elections omitted from publication in this
volume.]
9 As the record shows there are no engine room employees at the present time, we will
not pass on the question of inclusion of such employees
10 As the record indicates there are no woodworking machine hands , furniture repairmen,
or furniture movers at the present time, we will not pass on the question of inclusion of
such employees.
WAUMBEC DYEING AND FINISHING Co. and TEXTILE WORKERS UNION
OF AMERICA, CIO, PETITIONER. Cafie No. 1-RC-0919. December
16, 19592
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Robert E. Greene, hearing
officer.' The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
On September 26, 1952, after the close of the hearing in this case, the Petitioner re-
quested permission to withdraw the petition . Thereafter , on October 13, 1952, it filed a
memorandum in support of that request , in which it conceded, as the Employer contended
in its memorandum filed in opposition to the Petitioner ' s request , that it was engaged
in a strike and picketing at the Employer's operation for the purpose of securing recognition
as the bargaining agent for the employees covered by its petition . At that time , as now,
the parties were in dispute over the appropriateness of the unit sought by the Petitioner.
On the basis of these facts , by order dated October 16 , 1952i, the full Board of five members,
(Members Houston and Styles dissenting ) decided that it would best effectuate the policies
of the Act to deny the request for withdrawal, and accordingly denied the Petitioner's
request
101 NLRB No. 193.