Kobe Inc.

In the Matter of KOBE INCORPORATED and INTERNATIONAL A SSOCIATION OF MACHINISTS, DISTRICT LODGE 94, A. F. OF L. Case No. 21-R4499.Decided November 23,1944 Latham cf Watkins, by Mr. Paul R. Watkins, of Los Angeles, Calif., for the Company. Messrs. E. M: Skagen, Stanley D. Stearns, and Kenneth Roberts, 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 and amended petition duly filed by International As- sociation of Machinists, District Lodge 94, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Kobe Incorporated, Huntington Park, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George H. O'Brien, Trial Examiner. Said hearing was held at Los Angeles, California, on October 31, 1944. The Company and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses and to introduce evidence bearing ohh the issues. The Trial Examiner's rul- ings 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 Kobe Incorporated, is a California, corporation operating - a plant at Huntington Park, California, where it is engaged in the manufac- ture of oil well-producing equipment, precision gages, and aircraft 59 N. L. R. B., No. 90. 445 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD parts. The Company purchases raw materials valued in excess of $200,000 annually, approximately 75 percent of which originates out- side the State of California. During the same period the Company produces products valued in excess of $1,000,000, about 50 percent of which is 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 fN VOLVED International Association of Machinists, District Lodge 94, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees because it doubts that the Union represents a majority. 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 of the Company, including set-up men and lead men, but excluding factory clerical employees, office employees, timekeepers, truck driver, plant-protection employees, and supervisory -employees, constitute an appropriate unit. The only controversy with respect to the unit con- cerns factory clerical employees and the truck driver. The Company employs approximately 22 factory clerical em- ployees. They are paid on an hourly rate and, are under the super- vision of plant supervisory employees. It further appears that they spend.a substantial amount of their time performing, manual duties. We shall include the factory clerical employees in the unit. The Union desires that the truck driver be excluded from the unit on the ground that he is eligible for membership in International 'The Field Examiner reported that the Union presented 137 authorization cards bear- ing the names of persons who appear on the Company 's pay roll of October 6, 1944 There are approximately 334 employees in the appropriate unit KOBE INCORPORATED 447 Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, a labor organization affiliated with the American Federa- tion of Labor, as is the Union. The record does hot contain any facts concerning the duties of the truck driver. Thus, we will assume that his duties are those normally performed by a teamster, and as such, we shall exclude him from the unit. _ We find that all production and maintenance employees of the Company, including set-up men, leadmen, and factory clerical em' ployees, but excluding office employees, timekeepers, the truck driver, plant-protection employees and all supervisory employees with au- thority to hire, promote, discharge, discipline, or otherwise effect changes - in the-,,status of employees, or effectively recommend such action, constitutes 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-toll period immediately preceding the date' of the Direction of Election herein, subject to the limitations and additions set forth in the-Direction. The Company contends that its employees presently in the armed forces of the United States should be afforded an opportunity to vote. We are not unmindful of the fact that- employees on military leave re- tain their status as employees and, therefore, have a real interest in the choice of a bargaining representative. For this reason, our Direction of Election will provide, as has been the case in the past, that those who appear at the polls in the election shall be allowed to vote if other- wise eligible. However, the Company urges that, to assure an oppor- tunity for all the employees in the armed forces to vote, a provision should be included in the Direction of Election requiring the Regional Director to mail ballots to each such employee. We find such a suggestion to be unfeasible for the reasons stated in Matter of Mine Safety Appliances Co., 55 N. L. R. B. 1190. When it is determined that service men have returned to their employment in sufficient num- bers so that they comprise a substantial percentage of the employees in an appropriate unit in which we have certified a collective bar- gaining representative, a new petition for the investigation and certi- fication of a bargaining agent may be filed with the Board. In this manner, employees in the armed forces, who were unable to cast a vote, will be afforded an opportunity to affirm or change the bargaining agent selected in their absence. 618683-44-Vol. 59-30 448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 3, as amended, it is hereby - DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Kobe Incorpo- rated, Huntington Park, 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 super- vision 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 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 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 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 Inter- national Association of,:Machinists, District Lodge 94, A. F. of L., for the purposes df collective bargaining.