Berkeley Steel Construction Co., Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1940

26 N.L.R.B. 523 (N.L.R.B. 1940)

In the Matter of BERKELEY STEEL CONSTRUCTION C OMPANY, INC. and
INTERNATIONAL BROTHERHOOD, OF BOILER MAKERS, IRON SHIP
BUILDERS & HELPERS OF AMERICA, LOCALS 681 AND 39 , A. F. OF L.
'Case No. R-1968.-Decided August 12,194Q
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : stipulation for certification.
upon election.
Mr. Earle K. Shawe, for the Board.
Mr. T. S. Neilson, of Berkeley, Calif., for the Company.
Mr. I. J. Ironside, of Oakland, Calif., for the Brotherhood.
Mr. Ken Hunter, of San Francisco, Calif., for the Amalgamated.
Mr. Milton E. Harris; of counsel to the Board.
DECISION.
. AND. .
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 12, 1940, International Brotherhood of Boiler Makers,
Iron Ship Builders & Helpers of America, Locals 681 and 39, A. F.
of L., herein called the Brotherhood, filed with the Regional Direc-
tor for the Twentieth Region (San Francisco, California), a petition,
and on July 9, 1940, an amended petition, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Berkeley Steel Construction Company, Inc., herein called
the Company, engaged at its plant in Berkeley, California, in the
manufacture, sale, and distribution of steel tanks, pipe lines, and
similar steel products, and requesting an investigation and certifica-
tion of representatives, pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July
10, 1940, 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. , On July 11, 1940, the Company, the
26 N. L. R. B., No. 50. ,
523
524 DECISIONS OF NATIONAL LABOR RELATIONS BOAR13
Brotherhood, Amalgamated Association of Iron, Steel and Tin Work-
ers of North America, Lodge 1798, through the Steel Workers Or-
ganizing Committee, C. I. 0., herein called the Amalgamated, and
an attorney for the Board, entered into a "Stipulation for Certifi-
cation upon -Election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted.on July 17, 1940, under the direction and supervision of the
Regional Director, among all the production and maintenance em-
ployees of the Company at its said plant in Berkeley, California,
including layout men, plate workers, shearmen, punchmen, roll oper-
ators, blacksmiths, welders, drill-press operators, and miscellaneous
helpers, but excluding supervisory employees, clerical employees,
truck drivers, and riggers, to determine whether said employees de-
sired to be represented by the Brotherhood, or by the Amalgamated,
or by neither. On July 18, 1940, the Regional, Director issued and
duly served upon the parties hereto an Election Report on the ballot.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
In her Election Report, the Regional Director reported as follows
concerning the balloting and its results:
Total number eligible to vote_____________________________ 33
Total number of ballots cast ------------------------------ 27
Total number of votes in favor of International Brotherhood
of Boiler Makers, Iron Ship Builders & Helpers of America,
Locals 681 and 39, A. F. of L_______ _____ ______________ 16
Total number of votes in favor of Amalgamated Association of
Iron, Steel and Tin Workers of North America, Lodge 1798,
through the Steel Workers Organizing Committee, C. I. O__ 5
Total number of ballots for neither________________________ 5
Total number of blank ballots_____________________________ 0
Total number of void ballots ___________________ --------- 0
Total number of challenged ballots________________________ 1
Upon the 'basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Berkeley Steel Construction Company,
Inc., at its plant in Berkeley, California, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All the production and maintenance employees of the Company
at its plant in Berkeley, California, including layout men, plate
workers, shearmen, punchmen, roll operators, blacksmiths, welders,
drill-press operators, and miscellaneous helpers, but excluding super-
visory employees, clerical employees, truck drivers, and riggers, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
BERKELEY STEEL CONSTRUCTION COMPANY, INC. 525
3. International Brotherhood of Boiler Makers , Iron Ship Builders
& Helpers of America, Locals 681 and 39, A. F. of L., has been desig-
nated and selected by a majority of the employees in the above unit
as their representative for the purposes of collective bargaining, and
is the exclusive representative of all the employees in said unit,
within the meaning of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
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.
IT IS HEREBY CERTIFIED that International Brotherhood of Boiler
Makers, Iron Ship Builders & Helpers of America, Locals 681 and
39, A. F . of L., has been designated and selected by a majority of
the production and maintenance employees of Berkeley Steel Con-
struction Company, Inc., at its plant in Berkeley , California , includ-
ing layout men, plate workers , shearmen , punchmen, roll operators,
blacksmiths , welders, drill-press operators , and miscellaneous helpers,
but excluding supervisory employees, clerical employees, truck driv-
ers, and riggers, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, Inter-
national Brotherhood of Boiler Makers, Iron Ship Builders & Helpers
of America , Locals 681 and 39, A. F. of L., is the exclusive represen-
tative of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages , hours of employment , and other
conditions of employment.