The Lang Co.

I In the Matter of JOHN LANG, DORA A. LANG, J. ROBERT LANG, MARIE M. LANG, WM. ALLEN LANG, AND MILDRED C. LANG, A CO-PARTNER- SHIP D/B/A THE LANG COMPANY and UNITED AUTOMOBILE WORKERS OF AMERICA , LOCAL No. 966, C. I. O. Case No. R-5004.-Decided March 26, 19.43 Jurisdiction : metal products manufacturing industry. Ipvestigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees in company's fabricating shops, excluding supervisory and clerical employees ; shift bosses excluded in view of their supervisory functions ; unarmed watchmen included over company's objection. Mr. John Lang, of Salt-Lake City, Utah, for the Company. Messrs. A. H. Peterson, and C. L. Casebolt, both of Salt Lake City, Utah, for the A. F. L. Mr. Wyndham Mortimer, of Salt Lake City, Utah, for the. C.'I. O. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by United Automobile Workers of America, Local No. 966, C. I. 0., herein called the C. I. 0., alleging that a 'question affecting commerce had arisen concerning the repre- sentation of employees of John Lang, Dora A. Lang, J. Robert Lang, Marie M. Lang, Wm. Allen Lang, and Mildred C. Lang, a Co- Partnership doing business as The Lang Company, Salt Lake City, Utah, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Willard Y. Morris, Trial Examiner. Said hearing was held at Salt Lake City, Utah, on March 10, 1943. The Company, the C. I. 0., and Utah Metal Trades Council A. F. L., herein called the A. F. L., appeared, participated, and were afforded full opportunity to be heard, to 48 N. L. It. B., No. 78. 640 THE LANG COMPANY 641' examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record-in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Lang Company is a copartnership engaged in the fabricating and sale of various types of steel, sheet and plate products, including truck bodies, tanks, flotation cells, loading bins, stake and breaching and heat chambers. The Company sold fabricated products valued at approximately $500,000, in 1942, approximately 15 percent of which was shipped to points outside the State of Utah. During the same .period the Company purchased approximately 5,000 tons of steel, representing 90 percent of the raw materials and supplies used by it, from points outside the State of Utah. In addition to the above- described activities the Company is engaged in the distribution, sale, and servicing of mining, milling, and smelting, and other industrial equipment and machinery. During 1942 the Company sold and dis- tributed equipment and machinery valued at approximately $2,000,000, all of which was shipped to points outside the State of Utah. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Automobile Workers of America, Local No. 966, is a labor organization affiliated with the Congress of Industrial Organizations admitting to membership employees of the Company. Utah Metal Trades Council is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about February 12, 1943, the C. I. O. made a claim upon the Company, alleging that it represented a majority of its employees and requesting recognition as exclusive bargaining agent for the em- ployees. The Company, through its general manager, refused to grant the recognition sought. Statements of the Regional Director and the Trial Examiner, intro- duced into evidence at the hearing, indicate that the .C. I. O. and the 642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A. F. L. each represents a substantial number of employees in the unit hereinafter found appropriate 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 All parties generally agreed that the appropriate unit should con- sist` of all production and maintenance employees in the Company's, fabrication shops excluding supervisory and clerical employees. How-, ever, the C. 1. 0. and the Company would exclude shift bosses, whereas the A. F., L. would include them within the appropriate unit. The Company would also exclude the watchmen from the appropriate unit, whereas both labor organizations would- include them. - The shift bosses are working foremen who do not have the power to hire or discharge. However, they have the power to recommend such action, and the record discloses that their recommendations to discharge are generally accepted as final. The A. F. L. contends that the shift bosses should be included within the unit inasmuch as they work with tools, and points to the fact that in this area the A. F. L. has usually included working foremen within the units sought by it. The record shows that these employees may or may not, from day to day, work with tools. According to the manager of the Company, there is no way of ascertaining the amount of time spent by the shift bosses at purely supervisory duties. They are hourly paid employees, receiving approximately 20 percent more than the employees under them.' They are rated by the Company as highly skilled • workers. We agree with the contention of the Company and the C. I. 0. that these employees are supervisory, and we shall exclude them from the unit hereinafter found appropriate. The Company employs two unarmed watchmen, who it contends should be excluded because of the fact that tliey are not actually part of the production and maintenance group. Their functions are to patrol the plant and watch for burglary and fire. They also perform certain janitorial duties. , They are not armed or deputized. Both labor organizations would include them within the appropriate' unit. 'The Regional Director reported that the C. I. 0 submitted 60 application cards contain- ing apparently genuine signatures Forty-eight of these cards bore names appearing upon the Company 's pay roll of February 13, 1943 He further reported that the A F L sub- nutted 59 designation cards, all of which bore apparently ' genuine signatures Fifty-three of the cards bole names appearing upon , the above-mentioned pay roll. At the hearing the Trial Examiner reported that the, C I O. submitted an assignment card bearing the apparently genuine signature of a person whose name appeared upon the pay roll above-mentioned . At the same time, the A . F. L submitted two designation cards bearing apparently genuine original signatures The names on these cards,appeared on the above -mentioned pay roll. . THE ' LANG COMPANY 643 Since the watchmen are not engaged in specialized plant-protection duties, and both organizations desire to represent them, we shall in- clude them within the appropriate unit. We find that all production and maintenance employees in the Com- pany's fabricating 'shops, including watchmen; but excluding super- visory and clerical employees and shift bosses, 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 question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction 'of Election, subject to the limitations, and additions set forth therein. • 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 9i of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with John Lang, Dora A. Lang, J. Robert Lang, Marie M. Lang, Wm. Allen Lang, and Mildred ' C. Lang, a Co-Partnership doing business as The Lang Company, Salt Lake City, Utah, 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 Twentieth 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 United Automobile Workers of America, Local No. 966, affiliated with the C. I. O. or by Utah Metal Trades Council, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. 521247-43-vol 48--42