Sonotherm Manufacturing Co., Inc.

In the Matter Of SONOTHERM MANUFACTURING CO., INC. and CON- STRUCTION & GENERAL LABORER'S UNION, LOCAL 304, AFFILIATED WITH BUILDING TRADES COUNCIL OF ALAMEDA COUNTY, AFL and WAREHOUSE UNION, LOCAL 6, INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, CIO Case No. 20-RE-5O.-Decided June 27, 1946 Mews. F. C. Jones and E. J. Shaw, of San Francisco, Calif., and hf r. E. A. Woodside, of Oakland, Calif., for the Company. Mr. C. J. Janigian, of San Francisco, Calif., and Messrs. J. C. Reynolds and P. L. Jones, for the AFL. Messrs. R. D. Heide and J. Gomel, of Oakland, Calif., for the CIO. Mr. Martin E. Rendelman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Sonotherm Manufacturing Co., Inc., Berkeley, California, herein called the Company, alleging that a ques- tion affecting commerce had arisen concerning the representation of its employees, the National Labor Relations Board provided for an appropriate hearing upon due notice before William T. Whitsett, Trial Examiner. The hearing was held at San Francisco, California, on June 7, 1946. The Company, Construction & General Laborers' Union, Local 304, affiliated with Building and Construction Trades Council of Alameda County, AFL, herein called the AFL; and Ware- house Union, Local 6, International Longshoremen's and Warehouse- men's Union, CIO, herein called the CIO, appeared and participated. All parties 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 AFL moved to dismiss the petition on the -round that the Company is not engaged in commerce within the meaning of the 1\ ational Labor Relations Act. For reasons set forth in Section I, infra, the motion is hereby denied. 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. (SI\ L R.B,No.13 141 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Sonotherm Manufacturing Co., Inc., a California corporation hav- ing its principal plant in Berkeley, California , is engaged in the manufacture of wall board. During the year ending May 20, 1946, the Company purchased raw materials valued in excess of $26,000 from sources within the State of California . During the same period the Company sold finished products valued in excess of $70,000, ap- proximately 10 percent of which was shipped to purchasers outside the State of California. Contrary to the AFL's contention, the Company admits , and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TILE ORGANIZATIONS INVOLVED Construction & General Laborers ' Union, Local 301, affiliated with Building Trades Council of Alameda County, in turn affiliated with the American Federation of Labor , is a labor organization admitting to membership employees of the Company. Warehouse Union, Local 6, International Longshoremen's and Warehousemen's Union, affiliated with the Congress of Industrial Organizations is a labor organization admitting to membership em- ployees of the Company. III. TIIE QUESTION CONCERNI NG REPRESENTATION The Company has refused to grant recognition to the AFL or the CIO as the exclusive bargaining representative of certain of its em- ployees until one of these unions has been certified by the Board in an appropriate unit. 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. TILE APPROPRIATE UNIT The parties agree that all production and maintenance employees of the Company, excluding clerical and supervisory employees, con- stitute an appropriate unit for collective bargaining purposes. Some doubt has arisen, however, as to the supervisory status of the fore- man, Jack Oakley. The Company and the CIO would exclude him, whereas the AFL requests his inclusion. SONOTHERM MANUFACTURING CO., INC. 143 The record discloses that the foreman does not have the authority to hire and discharge other employees of his own accord, but that he can, and does, effectively recommend such action. About 90 percent of his time is spent in the supervision of other employees and only 10 percent in actual production work. Clearly, lie falls within our usual definition of a supervisory employee, and we shall, therefore, exclude him from the unit hereinafter found appropriate. We find that all production and maintenance employees of the Company, excluding clerical employees, the foreman, and all other 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 The AFL contends that, because it is presently picketing the Com- pany's plant and a strike called by the CIO has recently been con- cluded, no election should be conducted at the present time. We find this contention to be without merit. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employ- ees in the appropriate unit who ^, ere 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 Di- rection. 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 Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Sonotherm Manu- facturing Co., Inc., Berkeley, California, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) (lays from the date of this Direction, under the direction and super- vision of the Regional Director for the Twentieth 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 employees in the unit found appropriate in Section 1V, above, who were Employed during the pay-roll period immediately ],receding the date of this Direction, including employees who did not work during said pay-roll period because they were Al or on va- 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cation 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 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 they desire to be represented by Construction & General Laborers' Union, Local 304, affiliated with Building Trades Council, of Alameda County, AFL, or by Warehouse Union, Local 6, International Longshoremen's and Warehousemen's Union, CIO, for the purposes of collective bargaining, or by neither.