Conveyor Co., Inc.

In the Matter of CONVEYOR COMPANY, INCORPORATED and METAL TRADES COUNCIL (A. F. OF L.) Case No. R-3553.-Decided March 10, 1942 Jurisdiction : engineering equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal of Company to accord any union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : production employees, excluding truck drivers, clerical employees, and supervisory employees having the power to hire or discharge; stipulation as to. Mr. Alfred L. Black, by Mr: J. Howard Sullivan, of Los Angeles, Calif., for the Company. Mr. M. A. Koch, of Los Angeles, Calif., for the Council. Mr. G. J. Sliney and Mr. Robert Whelchel, of Los Angeles, Calif., for the Iron Workers. Mr. Cecil F. Poole, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 17, 1941, Metal Trades Council (A. F. L.), herein called the Council, filed with the Regional Director for the Twenty- first Region (Los Angeles, California) an amended petition' alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Conveyor Company, Incorporated, Los Angeles, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 4, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 1 The original petition was filed by International Association of Bridge, Structural and Ornamental Iron Workers, Local 509, A. F. L., on the preceding day. 39 N. L. R. B., No. 117. 642 CONVEYOR COMPANY, INCORPORATED 643 On February 6, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Council, and upon International Association of Machinists, Local 311, A. F. of L., herein called the Machinists, and International Association of Bridge, Structural and Ornamental Iron Workers, Local 509, A. F. of L., herein called the Iron Workers, labor organizations claim- ing to represent employees directly affected by the investigation. Pursuant to notice a hearing was held on February 12, 1942, at Los Angeles, California, before Maurice J. Nicoson, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Council, and the Iron Workers were represented by counsel and par- ticipated in the hearing. The Machinists did not appear. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on the admission of evidence. The Board has reviewed such rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Conveyor Company, Incorporated, is a corporation organized under the laws of California, having its principal office and place of business in Los Angeles, California. It is engaged in manufacturing and design- ing special engineering equipment, such as transmission and conveying systems, parts for Panama Canal locks, and equipment for surfacing Army air fields. The raw materials used by the Company consist principally of iron, steel and electric motors. The value of such ma- terials purchased by the Company in 1941 was approximately $325,000, of which 60 per cent came from outside the State of California. During the same year the Company sold products valued at $600,000, of which approximately-50 percent was shipped to points outside the State. It concedes that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Metal Trades Council, International Association of Bridge, Struc- tural and Ornamental Iron Workers, Local 509, and International Association of Machinists, Local 311, all affiliated with the American Federation of Labor, are labor organizations admitting to their respective memberships employees of the Company. 644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION Since July 1941, when bargaining rights were first sought on behalf of its employees, the Company's position, restated at the hearing, has been that it would not recognize any union as bargaining repre- sentative until it had been certified by the Board.2 A statement of the Regional Director introduced in evidence at the hearing shows that the Council represents a substantial number of employees in the unit- hereinafter found to be appropriate.' - We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties. stipulated at the hearing, and we find, that all produc- tion employees of the Company at its Los Angeles plant, excluding truck drivers, clerical employees, and supervisory employees having the power to hire or discharge, constitute a unit appropriate for the purposes of collective bargaining. We further find that said unit will insure to employees of the Company the full benefit of their right to self-organization and collective bargaining and will otherwise effectu- ate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. In accord- ance with our usual practice, we shall direct that all employees in the appropriate unit who were employed during the pay-roll period 1 Prior to the filing of the amended petition , the division of union membership among the employees between the Machinists and the Iron Workers, both unions affiliated with the Metal Trades Council, had occasioned conflict. Apparently, the two shop unions agreed that Metal Trades Council , as representative of both, should act as bargaining agent, in pursuance of which agreement the amended petition was filed. 3 The Regional Director reported that Metal Trades Council submitted evidence showing that it repre. sented 78 employees, as follows - 16 applications for membership in the Iron Workers, of which 10 were dated in August 1941, 1 of which was dated in October 1941, and 5 were undated; 18 authorization cards designating the Machinists, or Metal Trades Council, to act for the signers, of which 13 were dated in July 1941 and 5 were undated ; also, a petition dated July 21, 1941 , bearing 59 signatures , designating the Iron Workers All the signatures affixed to the above evidence appeared to be genuine originals , 50 of which were names of persons listed on the Company's pay roll of January 16 , 1942, upon which pay roll there were 92 names There are approximately 92 employees in the appropriate unit. L CONVEYOR COMPANY, INCORPORATED 645 immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are therein set forth, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Conveyor Company, Incorporated, Los Angeles, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company at its Los Angeles, California, plant,- excluding truck drivers, clerical employees, and supervisory employees having the power to hire or discharge, consti- tute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and-Regulations--'Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with, Conveyor Company, Incorporated, Los Angeles,, Cal- ifornia, 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 supervision of the Regional Director. for the Twenty-first Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production employees of the Company at its Los Angeles plant who were employed during the pay-roll period- immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United States, or temporarily laid off, but excluding truck drivers, clerical employees, and supervisory employees having the power to hire or discharge, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Metal Trades Council, affiliated with the American Federation of Labor, for the purpose of collective bargaining.