Kelco Co. of San Diego

In the Matter of KELco COMPANY OF SAN DIEGO amd INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION 526B, A. F. OF L. Case No. R-5115.-Decided April 22, 191.3 Mr. Tom W. Henderson, of Los Angeles, Calif., for the Company. Mr. James A. Thomp- son, of San Diego, Calif., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union of Operating Engi- neers, Local Union- 526B, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the represen- tation of employees of Kelco Company of San Diego, San Diego, Cali- fornia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Daniel J. Harrington, Trial Examiner. Said hearing was held at San Diego, California, on March 31, 1943. The Company and the Union appeared at and participated in the hearing, and all parties 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. On April 8, 1943, -the Union filed a brief which the Board- has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Kelco Company of San Diego is a Delaware corporation engaged in the manufacture of kelp products at San Diego and National City, California. During 1941 the Company purchased raw materials valued at about $175,000, approximately 11 percent of which was shipped to it l,Although Kelco Employees Association , herein called the Association, was served with notice of hearing, it did not appear. 49N.L R B, No 7 8 DEICISIONS OF NATIONAL LABOR RELATIONS, BOARD from points outside the State of California. During the same period the Company sold finished products valued at about $1,400,000, approx- imately 75 percent of which was shipped to*points outside the State of California. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union of Operating Engineers , Local Union 526B, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During February 1943, the Ui ion requested the Company to recog- nize it as the exclusive representative of its employees. The Company refused this request until such time as the Union is certified by the Board. On April 11, 1942, the Company and the Association entered into an exclusive bargaining contract. The contract provides that it shall remain in effect for one year, and from year to year thereafter unless notice to terminate is given by either party thereto at least thirty (30) days prior to any annual expiration date. The Union filed its petition herein on February 26, 1943. , We find that the contract of April 11, 1942, is not a bar to a determination of representatives at this time -inasmuch as the Union filed its petition more than thirty (30) days prior to April 11, 1943. A statement of an agent of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be 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 The Union contended at the hearing that all production employees, relief operators, press operators, leaching and precipitating operators, acid treaters, incorporators and dryers, millers and blenders, sewing machine operators, hoist operators, truck drivers, operator helpers, general helpers, maintenance employees, 'carpenters, electricians, welders, machinists, painters, millwrights, maintenance shift men, maintenance mechanics, maintenance helpers, miscellaneous employees, 2 The Board agent reported that the Union presented 45 authorization cards bearing apparently genuine signatures of persons whose names appear on the March 9, 1943, pay roll of the Company. There are approximately 68 persons in the appropriate unit. KELCO COMPANY OF, SAN 'DIEGiOt 9 storekeepers, watchmen, and janitors at the San Diego and National City plants of the Company, including leadmen, but excluding office and clerical employees, foremen', supervisory employees with the au- thority to hire and discharge, and boat crews employed on boats oper- ated by the Company, constitute an appropriate unit. The only con troversy with respect to the unit at the hearing concerned leadmen. The Union requests that leadmen_ be included in the unit, and the Company urges that they be excluded. The Company employs 6 per- sons classified by it as leadmen. Leadmen attend meetings of foremen at which time personnel as well as other problems are decided. Each, of the leadmen is in charge of about 10 employees and is responsible for production . The record indicates that the duties of leadmen and foremen are practically identical. Although leadmen do not have the authority to hire and discharge, they do recommend the hire and discharge of their subordinates. We shall exclude leadmen from the unit. After the close of the hearing, the Union notified the Board that although it contended at the hearing that boat crews on boats operated by the Company should be excluded from the unit , it now desired that they be included. The Company thereafter advised the Board that it desired that boat crews be excluded from the uizit. No testimony was taken at the hearing with respect to such employees . Under the circumstances we shall exclude boat crews from the unit in the instant proceeding without prejudice to their possible inclusion in the larger unit at some future date. We find that all production employees , relief operators , press oper-, ators, leaching and precipitating operators , acid treaters, incorporators and dryers , millers and blenders , sewing machine operators , hoist op- erators, truck drivers, operator helpers , general helpers , maintenance employees , carpenters, electricians, welders, machinists, painters, mill- wrights, maintenance shift men, maintenance mechanics , maintenance helpers, miscellaneous employees , storekeepers, watchmen , and janitors at the San Diego and National City plants of the Company, excluding leadmen, office and clerical employees, foremen, supervisory employees with the authority to hire and discharge, and boat crews_ on boats operated by the Company, constitute a unit appropriate for the pur- poses of collective bargaining , within the meaning of Section 9 (b) of the Act. V. THE DETERMI NATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of 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 the Direction of 10 DECISIONS OF NATIONAL LABOR RELATION'S BOARD 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 'Rela'- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRrcTrD that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Kelco Company of San Diego, San Diego, California , 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 10, of said Rules and Regulations, among the - employees in the unit found appropriate in Section IV, above, who were`eniployed 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 tem- porarily 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 or not they desire to be represented by International Union of Operating Engineers, Local Union 526B, affiliated with the, American Federation of Labor, for the purposes of collective bargaining.