Buehler Tank and Welding Works

In the Matter of BIIEHLER TANK AND WELDING WORKS and INTERNA- TIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPRIIILDERS, WELDERS AND HELPERS OF AMERICA , LocAL 92, A. F. L. Case No. R-3083.-Decided October 21 ) 194i Jurisdiction : steel products fabricating industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding office employees, watchmen, and supervisory employees; agreement as to. Messrs. Latham do Watkins, by Mr. Richard W. Lund, of Los Angeles, Calif., for the Company. Mr. E. V. Blackwell, of Los Angeles, Calif., for the Union. Mr. Harry Cooper, of Counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 17, 1941, International Brotherhood of Boilermakers, Iron Shipbuilders, Welders And Helpers of America, Local 92, A. F. L., herein called the Union, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Buehler Tank and Welding Works, Los' Angeles, Cali- fornia,'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 September 16, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 36 N. L. R. B., No. 56. 318 BUEHLER TANK AND WELDING WORKS 319 On September 19, and September 24, 1941,' the Regional Director issued a notice of hearing, and a notice of postponement of hearing, respectively, copies of both of which were duly served upon the Com- pany and the Union. Pursuant to notice, a hearing was held on Sep- tember 29,1941, at Los Angeles, California, before Charles M. Ryan, the Trial Examiner duly designated by the Chief Trial Examiner.' The Company was represented by counsel, the Union by its representative, and both participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on the admission of evi- dence. The Board has reviewed such rulings, and finds that no preju- dicial errors were committed. The rulings are hereby affirmed. . Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Buehler Tank and Welding Works is a California corporation, hav- ing its principal office and place of business at Los Angeles, California, where it is engaged in fabricating and selling steel products. During the year 1940 the Company purchased steel having an approximate value of $130,000, of which 50 per cent in value was, purchased outside the State of California. During the year 1940 the Company sold steel products valued at approximately $240,000, of which 20 per cent in value was sold to purchasers located outside the State of California. The Company employs about 25 production and- and. maintenance employees. II. THE ORGANIZATION INVOLVED International Brotherhood of Boilermakers, Iron Shipbuilders; Welders and Helper&of America, Local 92, A. F. L., 'is labor organiza- tion affiliated with the', American Federation of Labor. It admits to membership- employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 17, 1941, the Union filed its petition herein, alleging that a question concerning representation had arisen. On an occasion appar- ently prior thereto, a representative of the Union informed the presi- dent of the Company that he would be "in with a contract some day." The president of the Company made no comment at the time because, as he testified at the hearing; with reference to recognition of and negotia- tion with the Union, "it was, in my opinion, a matter for the Labor Board to' make that 'decision." The Company has not indicated any 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD change in position in this regard. A statement of the Regional Direc- tor, introduced in evidence at the hearing, shows that the Union repre- sents a substantial number of employees in the unit hereinbelow found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON 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 Company and the Union agree, and we find, that all produc- tion and maintenance employees of the Company, excluding office employees, watchmen, and supervisory employees having authority to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self= organization and to collective bargaining and otherwise will ef- fectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. We shall direct that all 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 such limitations and additions as are set forth in the Direction, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Buehler Tank and Welding Works, Los The Regional Director reported that the Union submitted to him 23 applications for membership cards , all bearing apparently genuine, original signatures and 17 of which were the names of persons appearing on the Company's pay roll as of June 25, 1941. The cards were dated between March and July 1941 , except two thereof which were undated. There are approximately 25 employees in the appropriate unit. BUEHLER TANK AND WELDING WORKS 321 Angeles, California, within the meaning of Section 9 (c) and 2 (6) and (7) of the National Labor Relations Act. '2. All production and maintenance employees of the Company,. excluding office employees, watchmen, and supervisory employees having authority to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the National Labor Relations Act. 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 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Buehler Tank and Welding Works, 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, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period im- mediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United States, or temporarily laid off, but excluding office employees, watch- men, supervisory employees having authority to hire and discharge, and employees who have since quit or been discharged for cause, to de- termine whether or not they desire to be represented by International Brotherhood of Boilermakers, Iron Shipbuilders, Welders and Helpers of America, Local 92, A. F. L., for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. 433118-42-vol. 36--22