Western Pipe and Steel Co. of California

_In the Matter of WESTERN PIPE AND STEEI. COMPANY OF CALIFORNIA and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, WELDERS AND HELPERS OF AMERICA, A. F. OF L. In the Matter Of WESTERN PIPE e STEEL COMPANY OF CALIFORNIA and STEEL WORKERS ORGANIZING COMMITTEE Cases Nos. R-1568 and R-1'569, respectively.-Decided November 100, 1939 Steel Tank and Pipe manufacturing Industry-Investigation of Representa- -tives : controversy concerning representation of employees: rival organizations; :substantial doubt as to majority status; controversy as to appropriate unit- Unit Appropriate for Collective Bargaining: controversy as to plant wide or -lesser unit or units of production and maintenance employees, exclusive of temporary construction workers, foremen, office engineers, employees engaged in -clerical duties ; truck drivers, and watchmen ; desires of employees to determine- Elections Ordered: to determine appropriate unit or units and representatives -thereof. Mr. John I'au,l Jennings, for the Board. Mr. John B. Bemnan, of Los Angeles, Calif., for the Company. Mr. Charles J. Janigan, of San Francisco, Calif., for International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America; International Union of Operating Engineers, Local No. 3; Sheet Metal Workers, Local No. 104; International Brotherhood of Blacksmiths, Drop Forgers and Helpers of America; United Brotherhood of Carpenters & Joiners of America, Local No. 162, International Brotherhood of Painters and Decorators of Amer- -ica, Local No. 193; International Hod Carriers, Building and Com- mon Laborers Union of America, No. 389; and United Association of :Steamfitters of America, No. 590. Mr. Thomas Crowe, of Los Angeles, Calif., for International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America. Mr. W. M..Collins, of San Francisco, Calif., for Steel Workers -Organizing Committee. Mr. Harry Hook, of San Francisco, Calif., for San Francisco Lodge No. 68, International Association of Machinists. Mr. George Sanfaeon, of San Francisco, Calif., for United Brotherhood of Carpenters and Joiners of America. Mr. George W. Wride, of San Francisco, Calif., for United Asso- ciation Steamfitters and Helpers Union, Local No. 590. Mr. Amos H. Feely, of San Francisco, Calif., on behalf of Inter- ..national Brotherhood of Electrical Workers. 17 N. L. R. B., No. 85. .942 WESTERN PIPE AND, STEEL COMPANY 943. Mr. Charles J. Foehn, of San Francisco, Calif., for Electrical Workers Union, Local No. 617, International Brotherhood of Elec-- trical Workers. Mr. Philip H. Van Gelder, of Camden, N. J., for Industrial Union: of Marine & Shipbuilding Workers of America (C. I. 0.). Mr. Claude E. McGovern, of San Francisco, Calif., for Northern California District Council of Laborers, affiliated with International. Hod Carriers, Building and Common Laborers Union, No. 886. Mr. J. Earl Cook, of Berkeley, Calif., for Sheet Metal Workers. International Association. Mr. Frank Burk, of San Francisco, Calif., for Sheet Metal Work-- ers, Local No. 104, Sheet Metal Workers International Association. Mr. O. J. Babich, of San Francisco, Calif., for Ship Painters, Local: No. 961. Mr. Victor S. Swanson, of San Francisco, Calif., for International. Union of Operating Engineers, Local No. 3. Mr. Andrew Chioino, of San Francisco, Calif., for Shipfitters, Union No. 9. Mr. Ben Law, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On February 13, 1939, International Brotherhood of Boilermakers,_ Iron Ship Builders, Welders and Helpers of America, herein called the Boilermakers' Union, filed with the Regional Director for the- Twentieth Region (San Francisco, California) a petition alleging- that a question affecting commerce had arisen concerning the repre- sentation of employees of Western Pipe and Steel Company of Cali fornia, South San Francisco, California, herein called the Company,.. and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49° Stat. 449, herein called the Act. On March 6, 1939, Steel Workers: Organizing Committee, herein called the S. W. O. C., a labor organi- zation referred to in the petition of the Boilermakers' Union as claim- ing to represent certain employees of the Company, likewise filed a. petition for an investigation and certification of representatives. On June 19, 1939, the Board issued. its order consolidating the two cases raised by the petitions for all purposes and directing an investigation and hearing. On August 19, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Boiler- '944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD makers' Union, and the S. W. O. C. On October 5, 1939, San Francisco Lodge No. 68 , International Association of Machinists, herein called the I . A. M., filed its motion of intervention with the Regional Director. The motion was granted by the Trial Examiner at the hearing , described below. Pursuant to notice , a hearing was held at San Francisco, Cali- fornia, on October 9, 10, 13, and 14, 1939, before Howard Myers, the Trial Examiner duly designated by the Board. On the third day .of the hearing, written motions of intervention were made by Local ,617, International Brotherhood of Electrical WTorkers , herein called the I. B. E. W., and Industrial Union of Marine and Shipbuilding Workers of America, herein called the Industrial Union. These motions were granted by the Trial Examiner . On the same day, Charles . J. Janigan, who had previously appeared only as counsel for the Boilermakers' Union, stated for the record that he would thenceforth represent all of the American Federation of Labor Unions. He thereupon made oral motions of intervention upon be- half of the following named American Federation of Labor organiza- tions: International Union of Operating Engineers , Local No. 3; Sheet Metal Workers, Local No. 104 , affiliated with the Sheet Metal Workers International Association of America ; International Brotherhood of Blacksmiths, Drop Forgers and Helpers of America; United Brotherhood of Carpenters and Joiners of America, Local No. 162; International Brotherhood of Painters and Decorators of America, Local No. 193; International Hod Carriers, Building and Common Laborers Union of America , No. 389, herein called the Laborers' Union; and United Association of Steamfitters of America, No. 590. The Trial Examiner granted these oral motions to inter- vene. The Board, the Company , and all of the above -named labor -organizations were represented by counsel and participated in the hearing. Full opportunity to be heard , to examine and cross -examine -witnesses , and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing the Trial Exam- iner made several rulings on motions and on objections to the admis- sion of evidence . The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Western Pipe and Steel Company of California , a California cor- poration, is principally engaged in the manufacture and sale of steel tanks and steel pipe. It operates through various plants of its own WESTERN PIPE AND STEEL COMPANY 945 in California, and, in addition, has subsidiaries which are wholly or partially owned. The San Francisco branch, which alone is involved in this case, has offices in San Francisco and a plant situated at South San Francisco. In 1936, the South San Francisco plant used materials valued at $1,643,528.69, of which approximately 32 per cent were purchased on direct order from mills located in the eastern part of the United States; approximately 39 per cent were purchased from suppliers outside the State of California out of stock warehoused by the sup- plier in California; and approximately 29 per cent were produced in California.1 Also during 1936, the South San Francisco plant sold goods valued at $2,831,138.37. Of this amount, $416,909.37, or 14.73 per cent, represented goods destined for use in States other than Cali- fornia, and $2,414,229, or 85.27 per cent, represented goods destined for use in California. Employment in the Company's South San Francisco plant varies according to general business conditions and other factors. The October 1, 1939, pay roll shows 197 shop employees. There is evi- dence in the record that on or about January 15, 1940, the Company will engage in certain shipbuilding at the South San Francisco plant which will entail a substantial increase in the number of employees. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America is a. labor organization affiliated with the American Federation of Labor. It admits to membership various employees of the Company, as more particularly set forth below. Steel Workers Organizing Committee is a labor organization author- ized to act on behalf of and as the agent of Amalgamated Associa- tion of Iron, Steel and Tin Workers of North America, Lodge 1069, herein called the Amalgamated, affiliated with the Congress of Indus- trial Organizations. The Amalgamated admits to membership pro- -duction and maintenance employees of the Company at its South San Francisco plant, exclusive of supervisory, clerical, and confidential employees, and field workers. Industrial Union of Marine and Shipbuilding Workers of America is a labor organization affiliated with the Congress of Industrial Or- ganizations. Near the close of the hearing, counsel for the S. W. O. C. reserved the right to move at any time prior to the Board's decision in this case, that the Industrial Union be substituted as a petitioner ' These figures are derived from a stipulation between the Company and counsel for the Board . The stipulation points out that a substantial portion of those materials listed as produced in California consisted of goods fabricated from pig iron or steel having its .original source outside of Californa. 946 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD: herein, in lieu of the S. W. O. C., with all the rights, privileges, and immunities attaching to and which may be asserted in these proceed- ings by the S. W. O. C. No such motion has been received by the Board, however. San Francisco Lodge No. 68, International Association of Machin- ists, is a labor organization affiliated with the American Federation of Labor. It admits to membership various employees at.the Com- pany's South San Francisco plant, as more particularly set forth below. Local 617, International Brotherhood of Electrical Workers, is a labor organization affiliated with the American Federation of Labor. It admits to membership various employees at the Company's South San Francisco plant, as more particularly set forth below. International Hod Carriers, Building and Common Laborers Union of America, No. 389, is a labor organization affiliated with the American Federation of Labor. It admits to membership various em- ployees at the Company's South San Francisco plant, as more par- ticularly set forth below. International Union of Operating Engineers, Local No. 3; Sheet Metal Workers, Local No. 104, affiliated with the Sheet Metal Work- ers International Association of America; International Brotherhood of Blacksmiths, Drop Forgers and Helpers of America ; United Brotherhood of Carpenters and Joiners of America, Local No. 162; International Brotherhood of Painters and Decorators of America, Local No. 193; and United Association of Steamfitters of America,. No. 590, are labor organizations affiliated with the American Fed- eration of Labor. III. TIE QUESTION CONCERNING REPRESENTATION The I. A. Al. first started to organize ,Among the Company's en1- ployees in 1932. On April 1, 1938, after various negotiations, a con- tract was executed between the I. A. M. and the San Francisco, Machine Shop Division of the California Metal Trades Association,. an employers' organization of which the Company was a member.. Although this contract contained no closed-shop provision, it pro- vided for recognition of the I. A. M. by the Association as sole bar- gaining agency for all persons within the jurisdiction of the I. A. M.. who were employed by the various Association members. It also set. certain standards of wages, hours, and conditions of employment.. The contract expired March 31, 1939. Although a second contract was thereafter executed between the Association and the I. A. M., the Company was not a party thereto. Two or three months prior to the hearing, the I. A. M. requested a written collective bargaining agreement with the Company. The Company replied that it was willing to negotiate toward such an WESTERN PIPEE AND STEEL COMPANY 947 :agreement, but that it would prefer to wait until after the status of its anticipated shipbuilding program was clarified. Up to the time of the hearing, there were no further developments in negotiations between the I. A. M. and the Company. Since the latter part of 1937, and until shortly before the hearing, both the Boilermakers' Union and the S. W. O. C. made various re- quests for a collective bargaining agreement with the company. No contract resulted. Both the Boilermakers' Union and the S. W. O. C. claim to represent a majority of the employees within the units they contend are appropriate. At the hearing all parties stipulated that the S . W. O. C., the Boilermakers' Union, the I. B. E. W., the I. A. M., and the Laborers Union have carried on organizational work, at least since 1937, at the South 'San Francisco plant, and that each of such unions has substantial representation within the unit it contends is appropriate. We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION ON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I, above, has a close, intimate , and substantial relation to trade, traffic , and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The October 1, 1939, pay roll for the Company's South San Fran- cisco plant lists 205 employees. All of the parties stipulated that .eight employees so listed , including three office engineers, two clerks in the office, two truck drivers in the yard, and one watchman, should be excluded from any unit the Board might find to be appropriate. All of the parties likewise stipulated that the outside or field em- ployees and all employees engaged in temporary building operations should be excluded from any appropriate bargaining unit. Neither field employees nor those engaged in temporary building operations are listed on the October 1 , 1939, pay roll. We see no reason why those classifications of employees covered by these stipulations should not be excluded from the appropriate unit or units, since their prob- lems and interests differ substantially from those of the-other employees involved. The S. W. O. C. contends that an appropriate unit consists of maintenance and production employees at the Company's South San 948 DECISIONS OF NATIONAL LABOR BIELATIONS BOARD Francisco plant, exclusive of temporary construction workers, fore- men, office engineers, employees engaged in clerical duties, truck driv- ers, and watchmen. The Boilermakers' Union contends that an appropriate unit con- sists of all production employees at the South San Francisco plant who are employed at work coming within its jurisdiction. To define the types of work and the employees over whom the Boilermakers' Union claims jurisdiction, it introduced in evidence a list showing the names and employment classifications of 150 employees who worked during the pay-roll period ending October 1, 1939.2 The I. A. M. contends that an appropriate unit consists of em- ployees at the South San Francisco plant who are employed at work coming within its jurisdiction. To define the types of work and the employees over whom the I. A. M. claims jurisdiction, it introduced in evidence a list showing the names and employment classifications of 17 employees who worked during the pay-roll period ending Oc- tober 1, 1939. The employment classifications so listed, are foreman, machine shop ; machinist, machine shop ; toolroom, machine shop ; drill-press operator, machine shop ; turret-lathe operator and tool maker; helper, machine shop and sandblaster; toolroom, machine shop, second class; helper, machine shop; blacksmith, machine shop; and shop cleaner, machine shop. The I. B. E. W. contends that an appropriate unit consists of employees at the South San Francisco plant who are employed at work coming within its jurisdiction. To define the types of work and the employees over whole the I. B. E. W. claims jurisdiction, it intro- duced in evidence a list showing the names and employment classi- fications of 12 employees who worked during the pay-roll period ending October 1, 1939. The employment classifications so listed are electrician, machine shop; crane operator, machine shop; elec- trician, machine shop, second class; crane operator and helper, struc- tural; crane operator and pipefitter, machine shop. The Laborers' Union contends that an appropriate unit consists of employees at the South San Francisco plant who are engaged in general labor and who are not claimed by any of the American Fed- eration of Labor "craft" unions. To define the types of work and the employees over whom the Laborers' Union claims jurisdiction, it introduced in evidence a list showing the names and employment classifications of 15 employees who worked during the pay-roll period ending October 1, 1939. The employment classifications so listed are foreman, yard; helper, yard, first class; and helper, yard. 2 Those classifications of employees whom we find eligible to vote in the first election hereinafter ordered , and whom the Boilermakers ' Union claims constitute an appropriate unit, are listed in Appendix A. WESTERN PIPE AND STEEL COMPANY 949 None of the unions involved in these proceedings, other than the S. W. 0. C., the Boilermakers' Union, the I. A. M., the I. B. E. W., and the Laborers" Union, advanced any contentions as to the appro- priate unit or units among the present employees of the Company. The claims of the Boilermakers' Union, the I. A. M., the I. B. E. W., and the Laborers' Union as to the respective units each con- tends is appropriate do not conflict or overlap. Their combined jurisdictional claims as defined in the above-described lists include all employees within the industrial unit the S. W. 0. C. contends is appropriate except for two men, Harry Fisher, listed as a "sheet metal worker, gale.," and Carl W. Bregg, listed as a "cat crane oper- ator, yard." Since the Boilermakers' Union claims another work- man in the sauce classification as Harry Fisher, it would appear that his omission by the Boilermakers was an oversight. We will accord- ingly consider Harry Fisher as being within the group which the Boilermakers' Union contends constitutes an appropriate unit. As to Bregg, we will consider him as within the group which the Labor- ers' Union contends constitutes an appropriate unit, since his duties appe-ar to be more closely related to those of the employees in that group than to those of employees in the other groups. As has already been noted, the S. W. 0. C. would exclude foremen from any appropriate unit. Both the Boilermakers' Union and the I. A. M. request that working foremen, but not foremen having the absolute power to hire or discharge, be included in the respective units they contend are appropriate. The Laborers' Union, without defining its exact position in this respect, includes two men described on the pay roll as "Foremen, Yard" in its list of those whom it claims. The I. B. E. W. list shows no foremen. The Company's plant superintendent testified that all of the fore- men claimed by the Boilermakers' Union, the I. A. M., and the Laborers' Union to be within one of the alleged appropriate units are working foremen. He further testified that all of them, with the exception of Jesse K. Black, foreman, yard, who is claimed by the Laborers' Union, have the right to, and do, make recommendations as to the hiring and'discharging of the employees under their super- vision. Such recommendations are customarily followed by the em- ployment manager except in special cases. The Board has held that where, as here, rival unions make conflicting claims in regard to the inclusion in a unit made up of production employees, of employees whose duties are of a supervisory nature, they should ordinarily be excluded.' We see no reason for departing from that rule in this 3 See Matter of Rem Manufacturing Co., Inc. and A. F. of L. Federal Local Union No. 20893, 7 N. L. R. B. 95; Matter of A. Fink and Sons and Amalgamated Meat Cutters & Butcher Workmen of N. A., Local 422, A. F. of L., 9 N. L. R. B. 441; Matter of The Electric Auto-Cite Company, American Enameled Magnet Wire Division and International Associa- tion of Machinists, Local 218, et at., 10 N. L. It. B. 1239. 950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD case. We will accordingly exclude from the unit or units all fore- men customarily given the right to recommend the hiring or dis- charging of employees under their supervision. Thus Black, the yard foreman referred to above, would be included, since it appears that his powers are less extensive. There is some evidence in the record that both the S. W. O. C. and the American Federation of Labor unions have organized and bar- gained for employees of various other companies of the San Fran- cisco Bay area engaged in the same general type of work as is the 'Company. Aside from the expired 1-year contract between the I. A. M. and the Company, through the San Francisco Machine Shop Division of the California Metal Trades Association, there is no evi- dence in the record of contracts between the Company and any of the unions here involved since 1919,4 It does appear, however, that between September 1938, and January 1939, pursuant to a "verbal understanding," the Company hired a number of men through the Boilermakers' Union office for work on the construction of certain barges. It does not appear that this arrangement was applicable .generally to employees within the group now claimed by the Boiler- makers' Union to constitute an appropriate unit. On the basis of the entire record, it appears that the Company's production and maintenance workers can be considered either as a single unit appropriate for the purposes of collective bargaining as claimed by the S. W. O. C., or that there might properly be sep- arate units as claimed by the American Federation of Labor unions. .In accordance with our previous rulings in this type of case, we hold that the determining factor as to these various groups is the desire of the employees in the respective groups.5 On this point the record is inconclusive. We conclude that four separate ballots should be prepared and that the desires of the employees as expressed on such ballots should control the determination of the unit or units appropriate for the -purposes of collective, bargaining. Balloting will be conducted as follows : 1. Among the employees within the classifications claimed by the Boilermakers' Union to constitute an appropriate unit, to determine whether they desire to be represented by the Boilermakers' Union, by the S. W. O. C. on behalf of the Amalgamated, or by neither.' 4 The record shows that about 1917 the I. B. I:. W. obtained it contract with the Iron Trades Council of San Francisco, an employers' association of which the Shaw Batcher Company was a member. The Shaw Batcher Company was engaged in the manufacture of ships on a part of the present site of the Company's South San Francisco plant. whether or not the Shaw Batcher Company was a subsidiary of western Pipe and Steel Company of California is not clear. The contract referred to became inoperative in 1919. fi Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 3; International Association of Machinists District No. 54, 3 N. L. R. B. 294, and subsequent cases. .WESTERN PIPE AND STEEL COMPANY 951, 2. Among the employees within the classifications claimed by the I. A. M. to represent an appropriate unit , to determine whether they desire to be represented by the I. A. M., by the S. W. O. C., on behalf of the' Amalgamated , or by neither. 3. Among the employees within the classifications claimed by the I. B. E. W. to constitute an appropriate unit, to determine whether they desire to be represented by the I. B. E. W., by the S. W. O. C. on behalf of the Amalgamated , or by neither. 4. Among the remaining production and maintenance employees, to determine whether they desire to be represented by the Laborers' Union, by the S. W. O. C. on behalf of the Amalgamated, or by neither. If one or more of the elections results in a majority for one of the unions other than the S . W. O. C., employees within the classi- fications covered by such ballot or ballots will constitute a separate unit or units for the purposes of collective bargaining. In the event that a majority of the employees voting in one or more of the groups choose the S. W. O. C ., all employees within that group or groups will constitute a single unit for purposes of collective bargaining. As has been stated, there is evidence in the record that during and after January 1940, there will be a substantial increase in the number of employees at the Company's South San Francisco plant. The S. W. O. C. asks that the election or elections be held sometime between January 15, 1940, and March 15, 1940. Both the Company and the American Federation of Labor unions ask that the election be held at an earlier date. Under the circumstances, we will proceed at this time to direct an election among the employees now at work. We find that those eligible to vote in the election shall be the employees , with the exception of those heretofore excluded from any appropriate unit, whose names appear on the last regular pay roll next preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. On the basis of the above findings of fact and upon the entire ' d i h recor n t e case, the Board makes the following : CONCLUSION OF LAW ' A(" A question 'affecting commerce has arisen concerning the represen- tation. of employees of Western Pipe and Steel Company of Cali- fornia, at its South San Francisco plant, within the meaning of Section 9 (c) and Section 2 (6) and -(7) of the National Labor Relations Act. 247384-40-vol. 17-61 952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTIONS 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, 8, of National Labor Relations Board Rules and Regulations-Series 2, it is-hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Western Pipe and Steel Company of California at its South San Francisco plant, separate elections by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the (late of this Direction of Elections, under the direction and supervision 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, Section 9, of said Rules and Regulations, among those employees of Western Pipe and Steel Company of California, South San Fran- cisco plant, who fall within the groups indicated below who were on the Company's last regular pay roll immediately preceding this Direc- tion of Elections, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those employees who have since quit or been discharged for cause : (a) All persons employed in the work classifications listed in Ap- pendix A, exclusive of foremen having the power to recommend hir- ing and discharging, to determine whether they desire to be repre- sented for purposes of collective bargaining by International Brother- hood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, Lodge No. 6; or by Steel Workers Organizing Committee on behalf of Amalgamated Association of Iron, Steel and Tin Work- ers of North America, or by neither; (b) All persons employed as machinist, machine shop; toolroom, machine shop; drill-press operator, machine shop; turret-lathe opera- tor and tool maker; helper, machine shop and sandblaster; toolroom, machine shop, second class; helper, machine shop; blacksmith, ma- chine shop; and shop cleaner, machine shop; exclusive. of foremen having the power to recommend hiring and discharging, to determine whether they desire to be represented for purposes of collective bar- gaining by International Association of Machinists, Lodge No. 68; or by Steel Workers Organizing Committee on behalf of Amal- gamated Association of Iron, Steel and Tin Workers of North America, or by neither; (c) All persons employed as crane operator, machine shop; elec- trician, machine shop, second class; electrician, machine shop; crane operator and helper, struct.; crane operator and pipefitter, machine shop; exclusive of foremen having the power to recommend hiring WESTERN PIPE AND STEEL COMPANY 953 and discharging, to determine whether they desire to be represented for purposes of collective bargaining by International Brotherhood of Electrical Workers, Local No. 617; or by Steel Workers Organizing Committee, on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, or by neither; (d) All remaining production and maintenance employees, exclu- sive of foremen having the power to recommend hiring and discharg- ing, temporary construction workers, office engineers, office clerks, truck drivers, and watchmen, to determine whether they desire to be represented for purposes of collective bargaining by International Hod Carriers, Common and Building Laborers of America, Local No. 389; or by Steel Workers Organizing Committee on behalf of Amal- gamated Association of Iron, Steel and Tin Workers of North Amer- ica, or by neither. MR. EDWIN S. SMITH, concurring in part and dissenting in part : In view of the past history of collective bargaining between the I. A. M. and the Company through the San Francisco Machine Shop Division of the California Metal Trades Association, I concur with that portion of the Direction of Elections directing a separate elec- tion among those of the Company's employees claimed by the I. A. M. to constitute an appropriate unit. The Boilermakers' Union and the I. B. E. W., however, show no history of collective bargaining for the groups now claimed by them to constitute separate units. For reasons similar to those stated. by me in my dissenting opinions in Matter of ,Allis-Chalmers Manu- facturing Company 6 and Matter of Western Pipe and Steel Com- pany of California,' I would not order separate elections among those classifications of employees claimed by the Boilermakers' Union and the I. B. E. W. to constitute separate appropriate units. I feel that the Board should find that all production and maintenance employees, except those covered by . the I. A. M: claim, constitute a single appropriate unit. Within this unit it should direct a vote between the S. W. O. C., on behalf of the Amalgamated, on the one hand, and the Boilermakers' Union, the I. B. E. W., and the Laborers' Union as a joint bargaining agency, on the other. APPENDIX A Helper, Galv. Helper, Lock bar Welder, Galv. Enamelman, lock bar Welder, Water pipe, 3rd class Casing maker, W. P., 2nd class oMatter of Allis -Chalmers Manufacturing Company and International Union, United Automobile Workers of America, Local 245, 4 N. L. R. B. 159. 7 Matter of Western Pipe and Steel Company of California and Steel Workers Organizing Committee, etc., 14 N. L. R. B. 473. 954 : DECISIONS OF .NATIONAL Chipper, lockbar Dip-kettle man, W. P. Shearman, W. P. Tacker, Boiler shop Helper, W. P. Casing maker, W. P. Helper, flange Planer operator, lockbar Bull operator, Galv. 2nd class Bull operator, galv. Roll operator, galv. Fitter, structural Drill press operator, plate Dip kettle operator, W. P., 2nd class Welder, W. P. Saw operator, flange Dip kettle operator, W. P. Welder, boiler shop Ap. layerout, struct. 2nd class Layerout, plate shop Punchman, struct. Burner, plate shop Welder, flange Enamelman, lock bar, and helper Helper, galv., roll galv. Punch and 'shear man, plate shop Shear and rolls man, plate shop Auto welder Machine operator W. P. Helper, plate shop Drill press operator, plate shop, 2nd class Burner, yard LABOR RELATIONS BOARD Punch and shear man, structural Helper, structural Layerout, plate shop, 2nd class Roll man, plate shop Wrapper, water pipe Saw man, flange Chipper, boiler shop Helper, boiler shop and gen., utility man Welder, boiler shop, 2nd class Tacker and Fitter, W. P. Fitter, boiler shop Testman, W. P. Layerout, boiler shop Fitter, boiler shop, 2nd class Tacker, W. P. Testman, lockbar Testman, boilershop Helper, boilershop Welder, W. P. Planer operator, lock bar,. 2nd class Flangeman, flange Auto. weld, mach. oper. asst. fore- man Helper, storeroom Shearman, flange Flange roll operator, flange Tacker, Galv. Roll operator, lock bar Auto. weld. mach. oper., lock bar Flange helper, flange Sheet metal worker, gals. Mechanic, field tool room