Fraters Valve and Fitting Co.

In the Matter of W. M. FRATERS, D/B/A FRATERS VALVE AND FITTING COMPANY and UNITED STEELWORKERS OF AMERICA, FRATERS VALVE AND FITTING DIVISION OF LOCAL 2018, C. I. O. Case No. 21-R-2687.-Decided April 19, 1945 Latham and Watkins, by Mr. R. W. Lund, of Los Angeles, Calif., for the Company. Mr. Gilbert C. Anaya, of Maywood, 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 the United Steelworkers of America, Fraters Valve and Fitting Division of Local 2018, C. 1. 0., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of W. M. Fraters, d/b/a Fraters Valve and Fitting Company, Los Angeles, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William T. Whitsett, Trial Examiner. Said hearing was held at Los Angeles, California, on March 23, 1945. The Company and the Union appeared, par- ticipated, 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 W. M. Fraters, d/b/a Fraters Valve and Fitting Company, operates a plant at Los Angeles, California, where he is engaged in the manu- facture of plumbing fixtures and the operation of a grey iron foundry. 61 N. L. R. B., No. 93. 624 FRATERS VALVE AND FITTING COMPANY 625 During 1944 the Company purchased about $20,000 worth of raw materials, approximately 45 percent of which was shipped to it from points outside the State of California. During the same period the Company sold products valued at about $81,000, approximately $7,800 worth 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. H. TILE ORGANIZATION INVOLVED United Steelworkers of America, Fraters Valve and Fitting Di- vision of Local 2018, 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 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 evi- dence 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 We find, in agreement with a stipulation of the parties, that all pro- duction and maintenance employees of the Company, excluding office employees 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, subect to the limitations and additions set forth in the Direction. ' The Field Examiner reported that the Union presented an authorization petition bear- ing 10 names . There are about 12 employees in the appropriate unit. 626 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 Re- lations 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 W. M. Fraters, d/b/a Fraters Valve and Fitting Company, 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 ap- propriate 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 be- cause they were ill or on vacation or temporarily laid off, and includ- ing 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 rein- stated prior to the date of the election , to determine whether or not they desire to be represented by United Steelworkers of America, Fra- ters Valve and Fitting Division of Local 2018, C. I. 0., for the pur- poses of collective bargaining. CHAIRMAN MmLIS took no part in the consideration of the above Decision and Direction of Election.