Lincoln Engineering Co.

National Labor Relations Board - Board Decisions

Aug 20, 1943

52 N.L.R.B. 6 (N.L.R.B. 1943)

In the Matter of LINCOLN ENGINEERING COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DISTRICT No. 9
Case No. B-5773.-Decided August 20, 1943
Messrs. R. W. Thomas and Fred J. Hoffn£eister, both of St . Louis,
Mo., for the Company.
Mr. Larry Connors , of St . Louis, Mo., for the I. A. M.
Messrs. Victor B. Harris, Walter E. Schilling , both of St. Louis,
Mo., and Luther M. Slinkard, of Kansas City, Mo., for the U. A. W.
Mr. David V . Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machin-
ists, District No. 9, herein called the I. A. M., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployes of Lincoln Engineering Company, St. Louis, Missouri, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Charles K. Hackler,
Trial Examiner. Said hearing was held at St. Louis, Missouri, on
July 29, 1943. The Company, the I. A. M., and International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America, and its Local No. 691, herein collectively called the U. A. W.,
,appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
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
I. THE BUSINESS OF TILE COMPANY
Lincoln Engineering Company, a Missouri corporation with its
principal place of business located in St. Louis, Missouri, is normally
52 N. L. R. B., No. 2.
6
LINCOLN ENGINEERING COMPANY T
engaged in the manufacture, sale, and distribution of lubricating
equipment. At the present time it is, in addition, engaged in pro-
duction of shells for the armed services under Governmental contracts
It operates plants in Detroit, Michigan, and St. Louis, Missouri. We
are concerned herein with the Company's St. Louis plant. The Com-
pany receives substantial quantities of raw materials for use at its
St. Louis plant from points outside the State of Missouri, and ships
annually finished products valued in excess of $6,000,000, of which
over 80 percent, is transported to points outside the State of Missouri.
The Company admits it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District No. 9, is a labor
organization admitting to membership employees of the Company.
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, and its Local No. 691 are labor
organizations affiliated with the Congress of Industrial Organizations,
admitting to membership employes of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 6, 1940, the U. A. W. was certified by the Board as
the bargaining representative of certain of the production and
maintenance employees of the Company.' Thereafter it executed
three annual collective bargaining 'agreements with the Company,
the latest dated July 1, 1942. The last-mentioned agreement provided
that it was to continue for 1 year, and thereafter unless terminated
upon 30 days' written notice by either party given after the 1-year
period. It also contained a provision which required those employees
in the unit covered by the agreement to become members of the
U. A. W. at the, end of 30 days' service with the Company.
By letter dated May 28, 1943, the I. A. M. requested recognition
from the Company as the bargaining representative for all production
and maintenance employees, including those represented by the
U. A. W., as well as those for whom the I. A. M. had previously been
certified as the bargaining representative.2 By letter dated May 29,
1943, the U. A. W. served notice on the Company of its desire to modify
its contract. The company replied to both communications, stating
that it would be necessary for the Board to make a determination with
respect to the scope of the unit.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the I. A. M. and the U. A. W. each represents
Matter of Lincoln Engineering Company , 27 N. L . R. B. 86, 90.
See footnote 1, supra.
8 DECISIONS OF NATIONAL LABOR RELATJON,S BOARD
a substantial number of those employees of the Company in the unit
for which the U. A. W. is presently recognized as the bargaining
representative .3
We find that a question affecting commerce has arisen concerning the
representation of certain of the 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 DETERMINATION OF REPRESENTATIVES
As a result of the previous proceeding involving the same parties
herein, the I. A. M. was certified as the bargaining representative for
the following groups of employees, each-of which was found to consti-
tute an appropriate unit:
(a) All tool and die makers and apprentices employed in the tool-
room, excluding supervisory employees:,
(b) All machinists, machine hands, helpers, and apprentices em-
ployed in the machine shop, Fitting Department, and Experimental
Department, excluding supervisory employees.
At the same time, as hereinbefore noted, the U. A. W. was certified
as the bargaining representative of a unit comprised of the remaining
production and maintenance employees, including linemen and group
leaders, but excluding supervisory employees with authority to hire
and ,discharge, foremen, office employees, and watchmen.
Thereafter the Company commenced the manufacture of shells
under contract with the United States Government, and formed its
"20 mm. Shell Department." On February 16, 1942, an election was
held among the employees of the department pursuant to an agree-
ment among the parties herein, which was won by the I. A. M., which
now represents these employees as a unit in addition to the two other
units. The I. A. M. has bargained for the employees in all three,
units, as well as for other employees hereinafter mentioned, under a
single contract.5
8 The Regional Director reported that the I A M submitted 400 designations bearing
apparently genuine original signatures and containing the navies of persons appearing upon
the Company 's pay roll of June 6, 1943 ; 335 of these designations bore the names of persons
upon the Company 's pay roll who were employed in units for which the I. A. M. is the
present bargaining representative ; the remaining 65 designations bore the names of persons
in the unit for which the U. A. W. is the present bargaining representative . There are
approximately 369 employees in the units now represented by the I. A M, and approximately
325 employees in the unit represented presently by the U A W For reasons hereinafter
set forth in the text, we are concerned herein only with the showing of representation
of the I. A. M. in the latter unit , and we find this showing to be substantial in view of
the "closed-shop" provision of the contract of July 1, 1942, between the U A W and the
Company. See Matter of Chicago Molded Products Corporation, 49 N. L. R. B. T56,-
Matter of Oregon Plywood Company, 33 N. L. R. B 1234
The U. A W submitted no evidence of representation in the unit which It now repre-
sents, relying for the establishment of its Interest upon its contract with the Company.
See footnote 1, supra
° The I. A. M.'s contract with the Company, executed September 19, 1942, but made
retroactive to July 1, 1942, covers all production and maintenance employees, including
those engaged in the 20 mm . shell unit , except those bargained for by the U. A. W.
LINCOLN ENGINEERING COMPANY
In addition to the 20 mm . shell unit, the Company added to its.
operations a department known as the "Western Cartridge Depart-
ment," which is engaged in making punches and dies for the use of the
Western Cartridge Company and its subsidiary, the United States
Cartridge Company. The majority of the employees engaged in the
latter department were also included, by agreement of. the I. A. M.
with both the Company and the U. A. W., within the scope of the
I. A. M.'s contract.
At the present time the contracts between the two labor organiza-
tions and 'the Company embrace all of the latter's production and
maintenance employees. The group represented by the I. A. M. and
covered under its contract with the Company was formed partially
through certification by the Board and partially through subsequent
agreement between the Company and the labor organizations herein;
the group presently represented by the U. A. W. embraced within the
scope of its contract with the Company was similarly formed. Thus,
at the date of the hearing herein the latter contract included within
its scope final inspectors and bench inspectors 6 of the "Government
Departments," 7 three employees in the Stores and Receiving Depart-
ment,8 eight employees known as expediters, truckers, and parts count-
ers,9 and those employees for whom it had been certified as the bar-
gaining representative.
The I. A. M. seeks to represent within a single unit not only those
employees of the Company now covered by its present contract, but
also those now represented by the U. A. W.; it asks that, as an alter-
native, should the Board refuse to find a plant-wide unit appropriate,
at this time, an election be held among, those employees now rep-
resented by the U. A. W. The U. A. W. contends that, because of
the Board's prior determination, a plant-wide unit is inappropriate-
It further contends that no election should be held among the em-
ployees whom it now represents, on the ground that the I. A. M. has
not indicated a sufficient representation among these employees 10'
6 The Inspection Department is represented , for the most part , by the U. A. W. However,
certain inspectors whose duties are confined to departments that are presently represented'
by the I. A. M. are also represented by the latter. The placing of the final inspectors and
bench inspectors under the jurisdiction of the U. A. W. is a reversal of the normal practice of
the parties, caused by the fact that these employees apparently do not actually work
within the department represented by the I. A. M.
7 The Government Departments are the western Cartridge and 20 mm. Shell
Departments.
g The remainder of the employees in this department are covered by the I. A. M.'s
contract.
O The other five employees in this department are included within the scope of the
I. A. M 's contract.
20 we have already disposed of this contention in Section III, footnote 3, above. The
U. A. W. also contends that, should an election be ordered in the unit which it presently,
represents , elections should likewise be ordered in those units which are now represented'
by the I A. M However , since the U A. W did not file a petition seeking such elections,
and failed to indicate any showing of representation therein, we find this contention to
be without merit.
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company takes no position with regard to the scope of the unit.
We shall direct an election only among those production and main-
tenance employees listed in Appendix A attached hereto and who
are now embraced within the scope of the contract of the U. A. W.
wherein a question concerning representation has arisen.',- If the em-
ployees in this voting group select the U. A. W., the latter will re-
main the bargaining representative of this group; if, however, they
choose the I. A. M. as their bargaining representative, the I. A. M.
may bargain for these employees as well as for those whom it already
represents.12
We shall, accordingly, direct that the question concerning repre-
sentation which has arisen be resolved by an election by secret ballot
among those employees of the Company in the group set forth in
Appendix A attached hereto 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.13 '
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 Re-
lations 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 Lincoln En-
gineering Company, St. Louis, Missouri, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
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 of the Company listed in Appendix A attached,
hereto 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 va-
cation 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 Inter-
"The Company employs certain individuals as watchmen and guards , none of whom
is represented by the labor organizations herein. In, accordance with our usual procedure,
we shall not include these employees within the voting group.
12 Matter of Armour and Company , 41 N. L . R. B. 1361.
1s The U. A. W. requested that it be designated on the ballot as UAW-CIO. This
request is hereby granted.
LINCOLN ENGINEERING COMPANY 11
national Association of Machinists , District No. 9, or by UAW-CIO,
for the purposes of collective bargaining, or by neither.
CHAIRMAN MIL Is took no part in the consideration of the' above
Decision and Direction of Election.
APPENDIX A
All production and maintenance employees of Lincoln Engineer-
ing Company at its St. Louis, Missouri, plant, including -linemen,
.group leaders, final inspectors, and bench inspectors working in the
"Government Departments," but excluding watchmen, uniformed and
militarized guards, office employees, plant superintendent, and fore-
men and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action; also ex-
cluding the following groups of employees: (a) all tool and die
makers and apprentices employed in the toolroom; (b) all machinists,
machine hands, helpers, and apprentices employed in the machine
shop, the Fitting Department, and the Experimental Department; (c)
all remaining employees in the "Government Departments"; (d) all
employees of the Stores and Receiving Department engaged in de-
livering parts from storage bins to the machine shop; (e) floor in-
spectors in the machine shop and "Government Departments"; and
(f) expediters, truckers, and parts counters working in the machine
shop, Fitting and Lapping Department, "Government Departments,"
toolroom, and experimental machine shop.