Automatic Screw Machine Co.

In the Matter Of ERNEST M. CARLSON, ESTHER CARLSON, ARTHUR ANDERSEN AND MARTHA ANDERSEN, INDIVIDUALLY AND AS CO- PARTNERS D/B/A AUTOMATIC SCREW MACHINE COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1421, C. I. O. Case No. R,5873.-Decided September 7,1943 Mr. Oscar Houge and Mr. W. P. Spreckels, of Los Angeles, Calif., for the Company. Katz, Gallagher & Margolis, by Mr. Leo Gallagher, of Los Angeles, Calif., and Mr.'Martin Hourihan, of Los Angeles, 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 United Electrical, Radio & Machine Workers of America, Local 1421, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Ernest M. Carlson, Esther Carl- son, Arthur Andersen and Martha Andersen, individuals and as co- partners doing business as Automatic Screw Machine Company, Los Angeles, California, 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 Los Angeles, California, on August 20, 1943. The Company and the Union 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 THE COMPANY Automatic Screw Machine Company is a co-partnership consisting of Ernest M. Carlson, Esther Carlson, Arthur Andersen, and Martha 52 N. L. R. B., No. 81. 515 549875-44-vol. 52-34 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Andersen, with its principal place of business at Los Angeles, Cali- fornia, where it is engaged in the manufacture of screw machine products. During 1942 the Company purchased raw materials valued at several million. dollars, all of which was shipped, to : it from points outside the State of California. - During the same period the Com- pany sold products valued at between $5,000,000 and $6,000,000, ap- proximately 75 percent of which was sold to the United States Gov- ernment. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, -Local 1421, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collec- tive bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 urges that all production and maintenance employees at Plant No. 1 and Plant No. 2 of the Company, including inspectors, matrons, and janitors, but excluding office and clerical employees, full- time cafeteria employees, guards, and supervisory employees with authority to hire and discharge or to recommend hire and discharge, constitute an appropriate unit. The only controversy with respect to the unit concerns leadmen or working foremen. The Company would include leadmen or working foremen in the unit, while the Union would exclude them. The record does not clearly define the duties of such employees. Accordingly, we shall exclude them if they have authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. If they, do not have such authority, we shall include them in the unit. 1 The Field Examiner reported that the Union liresented 683 authorization cards bearing apparently genuine signatures . There are approximately 950 employees in the appropriate unit. No check was made of the authorization cards against a pay roll of the Company because of the Company 's refusal to submit a pay roll. AUTOMATIC SCREW MACHINE COMPANY 517 We find that all production and maintenance employees at Plant No. 1 and Plant No. 2 of the Company, including inspectors, matrons, and janitors, but excluding office and clerical employees, full-time cafeteria employees, guards, and 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. V. THE; DETERMINATION 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 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 Relations 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 Ernest M. Carlson, Esther Carlson, Arthur Andersen and Martha Andersen, individually and as co-partners doing business as Automatic Screw Machine Com- pany, Los Angeles, 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, Sections 10 and 11, 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 or not they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 1421; affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN Minis took no part in the consideration of the above Decision and Direction of Election. -