American Car & Foundry Co.

National Labor Relations Board - Board Decisions

Aug 19, 1943

51 N.L.R.B. 1416 (N.L.R.B. 1943)

In the Matter of AMERICAN CAR & FOUNDRY COMPANY 'and AMERICAN
FEDERATION OF LABOR AND ITS AFFILIATED INTERNATIONAL UNIONS
AND DISTRICT COUNCIL No. 9 OF THE INTERNATIONAL ASSOCIATION OF
MACHINISTS
Case No. R-56,90.-Decided August . 19, 191.3
Mr. John L. Farrell , of New York City, and Messrs. T. A. Dooley
and T. G. Shipley , of St. Louis, Mo., for the Company.
Messrs. J. H. Skaggs and Elmer P. Theiss , of St. Louis, Mo., for
the International Unions.
Messrs . Victor B. Harris and Joseph Dernoncourt , of St. Louis, Mo.,
for the U. S. A.
Mr. Nathan J. Kaplan, of Chicago , Ill., for the Welders.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF, ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the American Federation of Labor and
its affiliated International Unions and District Council No. 9 of the
International Association of Machinists, herein called the Interna-
tional Unions, alleging that a question affecting commerce had arisen
concerning the representation of employees of American Car &
Foundry Company, St. Louis, Missouri, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Charles K. Hackler, Trial Examiner. Said
hearing was held at St. Louis, Missouri, on July 13 and 14, 1943. At
the commencement of the hearing the Trial Examiner granted,motions
of United Brotherhood of Welders, Cutters & Helpers of America,
herein called the Welders, the United Steelworkers of America, C. 1. 0.,
herein called the U. S. A., to intervene. The Company, the Interna-
tional Unions, the Welders, and the U. S. A. appeared at and partici-
pated in the hearing, and all parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
51 N. L. R. B., No. 227.
1416
AMERICAN CAR & FOUNDRY COMPANY 1417
evidence 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 opportunity to file briefs with the Board.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Car & Foundry Company is a New Jersey corporation
engaged in the manufacture of railway cars and ordnance. The
Company operates plants in the States of Pennsylvania, New York,
West Virginia, Missouri, Delaware, and Illinois. We are here con-
cerned with its plant at St. Louis, Missouri. During 1942 the Com-
pany purchased raw materials for use at its St. Louis plant valued
in excess of $250,000, over 50 percent of which was shipped to it
from points outside the State of Missouri. During the same period
the Company manufactured .products at its St. Louis plant valued
in excess of $250,000, over 50 percent of which was shipped to points
outside the State of Missouri. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor
Relations Act.
11. THE ORGANIZATIONS INVOLVED
American Federation of Labor and its affiliated International
Unions and District Council No. 9 of the International Associa.
tion of Machinists, is a labor organization, admitting to membership
employees of the Company.
United Brotherhood of Welders, Cutters & Helpers of America,
is an unaffiliated labor organization, admitting to membership em-
ployees of the Company.
United Steelworkers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 29, 1943, the International Unions requested the Com-
pany to recognize it as the exclusive bargaining representative of
the employees at its St. Louis plant. The Company refused this
request on the ground that it was operating under a contract with
the U. S. A.
On July 18, 1942, the Company and the U. S. A. entered into an
exclusive bargaining contract. The contract provides that it is to
remain in full force and effect until June 1, 1943. It contains no
1418 D'EOISIONS OF NATIONAL LABOR RELATIONS BOARD
renewal clause. Inasmuch as the said contract expired by its terms
on June 1. 1943 , it obviously does not constitute a 'bar to a determina-
tion of representatives at this time.
A statement of the Trial Examiner , read into evidence during the
hearing, indicates that the International Unions represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.)
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 UNIT
The Welders contends that all welders, cutters and burners at the
St. Louis plant of the Company constitute a separate appropriate unit.
The International Unions contends that all production and mainte-
nance employees at the St. Louis plant of the Company, including the
employees claimed by the Welders, but excluding supervisors, office
.and clerical employees, and watchmen, constitute an appropriate unit.
The Company and the U. S. A. agree with the contention of the Inter-
national Unions.
The Company has been dealing with the U. S. A. as the exclusive
bargaining representative of its employees'at the St. Louis plant since
1937, and has had annual contracts with it. In the spring of 1942 the
Welders began to organize welders at the Company's St. Louis plant,
and on May 1, 1942, and May 6, 1943, filed petitions with the Board.
Said petitions were dismissed by the Regional Director.
Wage scales have been set up for the employees claimed by the
Welders in each of the annual contracts between the Company and the
U. S. A. alluded to above. It should be noted that not until after 5
years of exclusive recognition of the U. S. A. by the Company on a
plant-wide basis did the Welders attempt to secure separate repre-
sentation for the welders. During this entire period, as pointed out
above, the welders were provided for and covered in the contracts
between the U. S. A. and the Company. In view of all the circum-
stances, including the history of collective bargaining between the
Company and the U. S. A. on a plant-wide basis for over 6 years, and
the failure of the Welders for more than 5 years after the Company had
recognized the U. S. A. to seek to bargain with the Company, we
f' 1 The Trial Examiner reported that the International Unions presented 282 membership
application cards bearing apparently genuine signatures of persons appearing on the
Company's pay roll of May 9, 1943 . There are approximately 500, employees in"the • appro-
priate unit . The U. S. A. did not present any evidence of representation but relies upon
its contract as evidence of its interest in the instant proceeding.
AMERICAN CAR & FOUNDRY COMPANY 1419
believe that the unit urged by the Welders is inappropriate for the
purposes of collective bargaining, and we so find.2
The Company employs between 15 and 20 employees classified by
it as gang leaders. Each of them supervises from 20 to 60 employees
and has the authority to hire and discharge. We shall exclude gang
leaders from the unit.
The unit urged by the International Unions and acquiesced in by the
Company and the U. S. A. is the same as that provided for in the past
collective bargaining agreements between the Company and the
U. S. A. Under the circumstances, we find that a plant-wide unit is
appropriate for the purposes of collective bargaining.
We find that all production and maintenance employees at the St.
Louis plant of the company, including welders, cutters and burners,
but excluding office and clerical employees, watchmen, and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The International Unions requests that a pay roll as of the date of
the hearing be used to determine eligibility to vote. The Company and
the U. S. A. request that a current pay roll be used for that purpose.
Inasmuch as no reason appears as to why we should depart from our
usual practice, we shall direct that the employees eligible to vote in the
election shall be those in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election herein, subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Car &
Foundry Company, St. Louis, Missouri, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
2 See Matter of Phoenim Manufacturing Company, 44 N. L. R. B. 1388; Matter of Revere
Copper and Brass, Incorporated, 30 N. L. R. B. 904.
1420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
the employees in the unit found appropriate 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 employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by American Federation of
Labor, its affiliated International Unions and District Council No. 9
of International Association of Machinists, or by United Steelworkers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
CHAIRMAN MII.us took no part in the consideration of the above
Decision and Direction of Election.