Automatic Screw Machine Co.

National Labor Relations Board - Board Decisions

Sep 7, 1943

52 N.L.R.B. 515 (N.L.R.B. 1943)

In the Matter Of ERNEST M. CARLSON, ESTHER CARLSON , ARTHUR
ANDERSEN AND MARTHA ANDERSEN , INDIVIDUALLY AND AS CO-
PARTNERS D/B/A AUTOMATIC SCREW MACHINE COMPANY and UNITED
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1421,
C. I. O.
Case No. R,5873.-Decided September 7,1943
Mr. Oscar Houge and Mr. W. P. Spreckels, of Los Angeles, Calif.,
for the Company.
Katz, Gallagher & Margolis, by Mr. Leo Gallagher, of Los Angeles,
Calif., and Mr.'Martin Hourihan, of Los Angeles, 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 United Electrical, Radio & Machine
Workers of America, Local 1421, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Ernest M. Carlson, Esther Carl-
son, Arthur Andersen and Martha Andersen, individuals and as co-
partners doing business as Automatic Screw Machine Company, Los
Angeles, California, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Daniel J. Harrington, Trial Examiner. Said hearing was held
at Los Angeles, California, on August 20, 1943. The Company and
the Union 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.
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
Automatic Screw Machine Company is a co-partnership consisting
of Ernest M. Carlson, Esther Carlson, Arthur Andersen, and Martha
52 N. L. R. B., No. 81.
515
549875-44-vol. 52-34
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Andersen, with its principal place of business at Los Angeles, Cali-
fornia , where it is engaged in the manufacture of screw machine
products. During 1942 the Company purchased raw materials valued
at several million. dollars, all of which was shipped, to : it from points
outside the State of California. - During the same period the Com-
pany sold products valued at between $5,000,000 and $6,000,000, ap-
proximately 75 percent of which was sold to the United States Gov-
ernment. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, -Local
1421, 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 the 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
evidence at the hearing, indicates that the Union represents a sub-
stantial 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
The Union urges that all production and maintenance employees
at Plant No. 1 and Plant No. 2 of the Company, including inspectors,
matrons, and janitors, but excluding office and clerical employees, full-
time cafeteria employees, guards, and supervisory employees with
authority to hire and discharge or to recommend hire and discharge,
constitute an appropriate unit. The only controversy with respect
to the unit concerns leadmen or working foremen.
The Company would include leadmen or working foremen in the
unit, while the Union would exclude them. The record does not clearly
define the duties of such employees. Accordingly, we shall exclude
them if they have authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action. If they, do not have such authority, we shall
include them in the unit.
1 The Field Examiner reported that the Union liresented 683 authorization cards bearing
apparently genuine signatures . There are approximately 950 employees in the appropriate
unit . No check was made of the authorization cards against a pay roll of the Company
because of the Company 's refusal to submit a pay roll.
AUTOMATIC SCREW MACHINE COMPANY 517
We find that all production and maintenance employees at Plant No.
1 and Plant No. 2 of the Company, including inspectors, matrons, and
janitors, but excluding office and clerical employees, full-time cafeteria
employees, guards, 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, 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 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 Ernest M. Carlson,
Esther Carlson, Arthur Andersen and Martha Andersen, individually
and as co-partners doing business as Automatic Screw Machine Com-
pany, 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 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 Electrical, Radio &
Machine Workers of America, Local 1421; affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.
CHAIRMAN Minis took no part in the consideration of the above
Decision and Direction of Election. -