Lone Star Defense Corp.

In the Matter of LONE STAR DEFENSE CORPORATION and TRUCK DRIvERs LOCAL UNION No. 894, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMER- ICA, A. F. OF L. In the Matter of LONE STAR DEFENSE CORPORATION and UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL No. 379, A. F. L. Cases Nos. R--578 and 8-5279 respectively.Decided July 3, 1943 Mr. J. C. Herbert and Mr. A. C. Sprague, of Texarkana, Tex., for the Company. Mr. T. C. Neal, of Dallas, Tex., for the Teamsters. Mr. E. F. Templeton, of Texarkana, Tex., for the Carpenters. Mr. Louis Cokin, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE Upon separate petitions duly filed by Truck Drivers Local Union No. 894, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, A. F. of L., herein called the Teamsters, and United Brotherhood of Carpenters & Joiners of America, Local No. 379, herein called the Carpenters, alleging that questions affecting commerce had arisen concerning the represen- tation of employees of Lone Star Defense Corporation, Texarkana, Texas, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hear- ing upon due notice before Elmer Davis, Trial Examiner. Said hear- ing was held at Texarkana, Texas, on April 29, 1943. The Com- pany, the Teamsters, and the Carpenters 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. 51 N. L. R. B., No. 16. 59 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS of THE COMPANY Lone Star Defense Corporation is an Ohio corporation operating a plant at Texarkana, Texas, known as the Lone Star Ordnance Plant, where it is engaged in the assembly and storing of bombs and other ammunition. All land, buildings, and equipment at the Lone Star Ordnance Plant are owned by the United States Government. All employees at the Lone Star Ordnance Plant are employed by the Com- pany. A substantial amount of the supplies used at the Lone Star Ordnance Plant are shipped to it from points outside the State of Texas, and a substantial amount of the goods produced at the plant are shipped to points outside the State of Texas. II. THE ORGANIZATIONS INVOLVED Truck Drivers Local Union No. 894, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. United Brotherhood of Carpenters & Joiners of America, Local No. 379, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 12, 1943, the Teamsters requested the Company to recog- nize it as the exclusive collective bargaining representative of certain of the Company's employees. During the same month the Carpenters asked the Company for exclusive collective bargaining recognition of certain employees. The Company refused both requests until such time as the Carpenters and the Teamsters aie certified by the Board. Statements of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicate that the Teamsters and the Carpenters each represents a substantial number of employees in the unit alleged by each to be appropriate." We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning I The Field Examiner reported that the Teamsters presented an authorization petition bearing 45 apparently genuine signatures of persons whose names appear on the Company's pay roll of March 24 , 1943. There are approx mately 74 employees in the unit urged by the Teamsters . The Field Examiner further reported that the Carpenters presented 33 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll of April 11, 1943. There are approximately 49 employees in the unit urged by the Carpenters. LONE STAR DEFENSE CORPORATION 61 of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE 'UNITS The Carpenters contends that all carpenters of the Company, ex- cluding carpenters' helpers, carpenters' foremen, rough carpenters, and dunnage men, constitute an appropriate bargaining unit. The Company took no position with respect to the unit urged by the Car- penters. Evidence introduced at the hearing indicates that the em- ployees claimed by the Carpenters are closely related from a func- tional standpoint and form a homogeneous group. 'We find that all carpenters of the Company, excluding carpenters' helpers, carpenters' foremen, rough carpenters, and dunnage men, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. The Teamsters contends that all shippers and checkers of the Com- pany, excluding general foremen, constitute an appropriate bargain- ing unit. The Company took no position with respect to the unit .urged by the Teamsters. The shippers are in charge of various crews consisting of loaders and unloaders. They make out tally sheets and maintain labor dis- tribution records. The shippers' recommendations with respect to the hire or discharge of their subordinate employees are given great weight by the Company. The Company has on its pay roll employees classified as general checkers, checkers in charge of loading dunnage on -trucks, and checkers in charge of delivering lumber to the dunnage mill. The checkers direct crews composed of loaders and unloaders, and maintain tally sheets and labor distribution records of their crews. They have authority to make recommendations relative to the hire or discharge of their subordinates. The Teamsters presently represents a unit of nonsupervisory employees of the Company. We find, as we did in a prior decision involving the Company,2 that ship- pers and checkers are supervisory employees. For the reasons stated in the majority and dissenting opinions in the Maryland Drydock case,3 we find that the unit proposed by the Teamsters is not an appropriate unit for collective bargaining, within the meaning of Section 9 (b) of the Act, and we shall therefore dismiss the petition filed by the Teamsters in Case No. R-5278. 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 2fatter of Lone Star Defense Corporation and Truck Drivers Local Union No. 894, In- ternational Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L, et at., 47 N. L. R. B. 1247. 8 49 N. L. R. B. 733. 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 the 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 Lone Star Defense Corporation, Texarkana, 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 mat- ter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 Brotherhood of Carpenters & Joiners of America, Local No. 379, affiliated with the American Federation of Labor, for the purposes of collective bargaining. ORDER Upon the basis of the foregoing findings of fact and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Lone Star Defense Corporation , Texarkana , Texas, filed by Truck Drivers Local Union No. 894, International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., in Case No. R-5278, be, and it hereby is, dismissed.