Houston Blow Pipe and Sheet Metal Works

In the Matter Of HOUSTON Blow PIPE AND SHEET METAL WORKS and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, WELDERS AND HELPERS OF AMERICA, LOCALS 74 AND 731 • i Case No. 16-R-660.-Decided October 28, 1943 Mr. Seymour Lieberman, of Houston, Tex., for the Company. Mr. Jack B. Rogers , of Houston, Tex., for Local 74. Messrs. R. Douglas Fowl& and M. T. Wilson, of Houston . Tex., for Local 731. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION, STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Boiler, makers, Iron Shipbuilders, Welders and Helpers of America, Locals 74 and 731, herein individually called Local No. 74 and Local No. 731, and collectively called the Unions, alleging that a question affecting commerce had arisen concerning the representation of employees of Houston Blow Pipe and Sheet Metal Works, Houston, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert F. Proctor, Trial Examiner. Said hearing was held at Houston, Texas, on Au- gust 31, 1943. The Company and the Unions appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Company moved that the petition be dis- missed because the Unions had not yet reached a decision as to whether they would bargain jointly, separately, or through the Metal Trades Council, of which they are members. There is no conflict between the Unions. As the grounds urged by the Company for dis- missal have no bearing on the issues to be decided herein, we overrule the motion to dismiss. 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: 53 N. L. R. B., No. 38. 184 HOUSTON BLOW PIPE AND SHEET METAL WORKS 18'5 FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Houston Blow, Pipe and Sheet Metal Works, a Texas corporation, is engaged in the manufacture and fabrication of sheet metal products at its plant in Houston, Texas. During the year 1942 practically all purchases of materials by the Company were made from persons or companies within the State of Texas. During the same period the total sales of finished products of the Company were in excess of $175,000;' of which 62.88.- percent represented sales to customers within the State of Texas and 37.12 percent to customers outside the State of Texas. One hundred percent of the Company's products are used by the United States Navy and the United States Merchant Marine. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Brotherhood of Boilermakers, Iron Shipbuilders, Welders and Helpers of America, Local 74, and International Broth- erhood of Boilermakers, Iron Shipbuilders, Welders and Helpers of America, Local 7315 are labor organizations affiliated with the Ameri- can Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Unions alleged in their petition that on March 1, 1943, a.repre- sentative of the Unions requested recognition by the Company as sole collective bargaining representative of the Company's employees, and that it was denied. The Company insists that no such request was made on March 1, 1943, or at any time. The evidence on the ques- tion is contradictory insofar as it concerns Union 74 and the Unions admit that no demand was ever made on behalf -of Local 731. Since, however, it became clear at the hearing that the Unions demand recog- nition and the Company refuses to accord it, it is immaterial whether or not the question actually arose prior thereto.' The Union submitted to agents of the Board cards which indicate that the Unions represent a substantial number of the Company's employees? ' See Matter of Lennox Furna-ce Coin pang, 50 N L. 'R B 80, and cases cited therein. 'Prier to the heating, the Unions submitted to the Field Examinee 22 authorization cards. 20 of which bore apparently genuine oiiginal signatures coriespob.ding with names listed on the Company's pay roll of July 27, 1943, containing 73 names of persons in the unit hereinafter tound appropriate Subsequent to the hearing the Board was advised by f86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question affecting, commerce has arisen concerning the representation of the employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees of the Com- pany, excluding the manager, office and clerical employees, safety men, watchmen, department heads, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of this Direction of Elec- tion 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 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 Houston Blow Pipe and Sheet Metal Works, Houston, Texas; 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 Sixteenth 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 Regula- tions, 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 the Regional Director for the Sixteenth Region that the Unions had submitted to him four additional cards, HOUSTON BLOW PIPE AND SHEET METAL WORKS 187 forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Brotherhood of Boilermakers, Iron Shipbuilders, Welders and Helpers of America, Locals 74 and 731, affiliated with the American Federation of Labor, for the purposes of collective bargaining. i