Stewart-Warner Corp.

National Labor Relations Board - Board Decisions

Aug 13, 1943

51 N.L.R.B. 1277 (N.L.R.B. 1943)

In the Matter of GREEN RIVER ORDNANCE PLANT STEWART-WARNER
CORPORATION and BROTHERHOOD OF LOCOMOTIVE ENGINEERS
In the Matter Of GREEN RIVER ORDNANCE PLANT STEWART -WARNER
CORPORATION and BROTHERHOOD OF RAILROAD TRAINMEN
Cases Nos . R-5707 and R-5708 respectively .Decided August 13,1943
Mr. F. H. Towner, of Chicago, Ill., and Mr. W. Steinwedell, of
Dixon , Ill., for the Company.
Mr. James P. Shield, of Chicago, Ill., for the Engineers.
Mr. J. A. Zanger, of Chicago , Ill., for the Trainmen.
Mr. Robert F. Til lman , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
S'T'ATEMENT OF THE CASE
Upon petitions duly filed by Brotherhood of Locomotive Engineers,
herein called the Engineers, and by Brotherhood of Railroad Train-
men, herein called the Trainmen, each alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Stewart-Warner Corporation, Chicago, Illinois, herein called the
Company, the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before
Robert T. Drake, Trial Examiner. Said hearing was held at Dixon,
Illinois, on July 15, 1943. The Company, the Engineers, and the
Trainmen 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 rulings of the Trial Examiner
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
Stewart-Warner Corporation is a Virginia corporation having its
main office in Chicago, Illinois. Among other plants, the Company.
1N.L.R. B,No 204.
1277
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operates the Green River Ordnance Plant located between Dixon and
Amboy, Illinois, which alone is involved in this proceeding. Owner-
ship of the plant is vested in the U. S. Government, the Company
operating it under a cost-plus-fixed-fee contract, for the production
of ordnance materials. A substantial quantity of the raw materials
used at the plant is shipped there from points outside the State of
Illinois. All the products are turned over to the U. S. Government:
The Company makes no contention's that it is not engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Brotherhood of Locomotive Engineers is a labor organization ad-
mitting to membership employees of the Company.
Brotherhood of Railroad Trainmen is a'labor organization admit-
ting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On December 7, 1942, the Engineers wrote the Company , request-
ing recognition as the collective bargaining representative of the
Company's locomotive engineers , hostlers , and firemen . On April
20, 1943, the Trainmen wrote the Company , requesting recognition
as the collective bargaining representative of the yardmasters, dis-
patchers , switchmen , and yard foremen . The Company declined to
recognize the Engineers, because of the conflicting unit claims of a
third labor organization , and refused to recognize the Trainmen be-
cause less than half the total anticipated number of employees
eligible to inclusion in its proposed unit had been hired.
A statement of the Regional Director , introduced in evidence at
the hearing , as supplemented by a statement of the Trial Examiner
made at the hearing, indicates that the Engineers and the Trainmen
each represents a substantial number of employees in the unit it
contends to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 ( 6) and ( 7) of the Act.
'According to the combined statements: (1) The Engineers submitted 5 authorization
cards, all bearing apparently genuine original signatures which were the names of the
4 engineers listed on the Company's pay roll for June 12, 1943, and of a fifth engineer
employed thereafter. (2) The Trainmen submitted 14 authorization cards, all bearing
apparently genuine original signature, of which 12 were names of employees whose names
appeared on the above-mentioned pay loll within the unit for which the Trainmen petitioned,
the pay roll listing 13 such employees
GREEN RIVER ORDNANCE PLANT STEWART-WARNER CORPORATION 1279'
IV. THE APPROPRIATE UNITS
The Engineers has petitioned for a bargaining unit of the locomo-
tive engineers, firemen, and hostlers employed by the Company at its
Green River Ordnance Plant, and the Trainmen for a unit of the
yardmasters, dispatchers, yard foremen, and switchmen. The Com-
pany opposes both of the proposed 'units, contending that a single
production and maintenance unit alone is appropriate. Inasmuch
as no labor organization is presently contending for a unit in con-
flict with those requested in the petitions of the Engineers and the
Trainmen, and in view of the nature of the employment of the in-
dividuals in those units, we shall make no determination as to the
appropriateness of a production and maintenance unit at this time,
nor shall we deny to the employees presently organized the right to
engage in collective bargaining. There remains, therefore, only the
question of the composition of the two requested units.
Engineers: At the time of the hearing the Company operated only
Diesel locomotives requiring the services of engineers, but not of
firemen or hostlers. The Company stated that it had no intention
of hiring firemen or hostlers in the future. Nevertheless, the En-
gineers expressed a desire that firemen and hostlers be included in
the unit. Since such inclusions are customary where there are fire-
men and hostlers, and since the Company raised no objection, we
shall include them. We find that all locomotive engineers, firemen,
and hostlers employed by the Company at its Green River Ordnance
Plant, excluding all supervisory 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.
Trainmen: The Company's yardmaster is the superior of all other
railway employees on a shift, and gives them orders. In addition,
he recommends hiring and discharging, and his recommendations
receive considerable weight. He is employed on a salary basis and
has a vacation with pay. The vice president of the Trainmen
testified that ordinarily the yardmaster is engaged solely in super-
vision. Because of these indicia of supervisory power, we shall ex-
clude yardmasters from the unit requested by the Trainmen.
The type of work performed by the Company's dispatchers,
switchmen,2 and yard, foremen 3 is like that commonly performed by
2 As defined at the hearing the term "switchmen " includes yard conductors , yard brake-
men, switch tenders, and yard helpers.
' As defined at the hearing the term "yard foremen" Includes engine foremen and yard
conductors.
1280 DEOOIISIONS OF NATIONAL LABOR RELATIONS BOARD
such employees on railways . A yard foreman directs the work of It
switchman , and gives orders to engineers . He may recommend hir-
ing and discharging but less consideration is given to his recommen-
dation than to that of the yardmaster 's. Yard foremen are hourly
paid, as are the dispatchers and switchmen . We find that all dis-
patchers , yard foremen , and switchmen employed by the Company
at its Green River Ordnance Plant, excluding yardmasters and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of em-
ployees , or effectively recommend such action , constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen-be resolved by elections by secret ballot. The Company
indicated at the hearing that its pay roll was presently expanding
but that by September 1 , 1943, one -half of the total anticipated num-
ber of railway employees would be hired . - We shall direct , therefore,
that those eligible to vote shall be the employees in the appropriate
units who were, employed during the first full pay-roll period in
September 1943, subject to the limitations and additions set forth in
our Direction of Elections.
DIRECTION OF ELECTIONS
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 Stewart -Warner
Corporation , Chicago, Illinois, elections by secret ballot shall be con-
ducted as early as possible, but not later than forty-five ( 45) days
from the date of this Direction , under the direction and supervision
of the Regional Director for the Thirteenth 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
following groups of employees who were employed during the first
full pay-roll period in September 1943, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and 'including employees in the armed
forces of the United States who present themselves in person at the
GREEN RIVER ORDNANCE PLANT STEWART-WARNER CORPORATION1281
polls, but excluding those employees who have since quit or been dis-
charged for cause :
1. All locomotive engineers, firemen, and hostlers employed by the
Company at its Green River Ordnance Plant, excluding all super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or
effectively recommended such action, to determine whether or not they
desire to be represented by Brotherhood of Locomotive Engineers, for
the purposes of collective bargaining.
2. All dispatchers, yard foremen, and switchmen employed by the
Company at its Green River Ordnance Plant, excluding yardmasters
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommerid such action, to determine whether
or not they desire to be represented by Brotherhood of Railroad
Trainmen, for the purposes of collective bargaining.
CHAIRMAN Muias took no part in the consideration of the above
Decision and Direction of Elections.