Bethlehem Supply Co.

National Labor Relations Board - Board Decisions

Apr 13, 1942

40 N.L.R.B. 487 (N.L.R.B. 1942)

In the Matter of BETHLEHEM SUPPLY COMPANY and LOCAL 790, INTER-
NATIONAL ASSOCIATION OF MACHINISTS, affiliated with the AMERICAN
FEDERATION OF LABOR
Case No. R-3631.-Decided April 13, 1942
Jurisdiction : oil supplies manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord petitioner recognition until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, excluding superin-
tendents and non-working foremen, in the machine, welding, assembly and
fabricating shops. ,
Mr. W. M. Sanders, of Tulsa, Okla., for the Company.
Mr. J. E. Wheeler and Mr. C. A. Buskel, of Tulsa, Okla., for the
Union.
Mr., Harley G. Moorhead, Jr., of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE I
On December 15,'1941, Local 790, International Association of Ma-
chinists, affiliated with the American Federation of Labor, herein
-called the Union, filed with the Regional Director for the Sixteenth
Region (Fort Worth, Texas) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Bethlehem Supply Company, Tulsa, Oklahoma, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On February 12, 1942, the
National Labor Relations Board, herein called the Board, acting pur-
suant to 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.
40 N. L R . B., No. 84.
487
488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 9, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice a hearing was held on March 16, 1942, at Tulsa,
Oklahoma, before H. Carnie Russell, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company and the Union
appeared by their representatives and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties.
During the course of the hearing the Trial Examiner made several
rulings on the admission 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
1. THE BUSINESS OF THE COMPANY
Bethlehem Supply Company, an affiliate of Bethlehem Steel Cor-
poration, is engaged at Tulsa, Oklahoma, in the business of manu-
facturing equipment, materials, tools, and supplies for oil and gas
wells and for use in oil and gas fields. In 1941 the Company used
materials- valued at $646,610.00, of which approximately 56 percent
were delivered to the Tulsa plant from points outside the State of
Oklahoma; billed its customers in the total amount of $1,342,306,
of which 57 percent was billed in respect of goods destined for ship-
ment in interstate commerce; and made sales aggregating over $750,-
000, of which more than 50 percent were made for delivery to points
outside of Oklahoma. The Company admitted for the purposes of
this proceeding that at the Tulsa plant it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Local 790, International Association of Machinists is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested the Company to recognize it as the collective
bargaining agent of certain employees of the Company. The Com-
pany notified the Union that it would recognize the Union only if
the Union were certified by the Board. A report of a Field Exam-
iner of the Board, introduced in evidence at the hearing, indicates
BETHLEHEM SUPPLY COMPANY 489
that the Union represents a substantial number of ,the 'employees 'of
the Company in -the unit hereinafter found to be appropriate.1 ,
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that the appropriate unit consists of all plant
employees in the machine, welding, assembly, and fabricating shops,
excluding superintendents and non-working- foremen. , The-.Com-
pany contends that, all production and maintenance employees prop-
erly comprise an appropriate unit, stating, that, at all other plants of
the Bethlehem Steel Corporation and its affiliates, the units for
collective bargaining are so constituted. I
The Company carries on its operations with organizational division
into departments : works general, engineering, maintenance, pattern'
shop, foundry, forge shop,.welding shop,' assembly shop, fabricating
shop, and machine shop departments. It employs approximately 400
persons. The Union admits" to membership only such employees
as are engaged ih manufacturing or repairing machiiier'y, Iiumbering
approximately 154. 'It does not admit to membership, the employees
in the works general or engineerilg' departments; as these employees
are engaged -in office work: Nor 'does-'it admit employees ' in 'the
foundry. The employees in the forge shop are eligible to 'member-
ship in the Union, but the Union has made no attempt to' organize
them and they have not requested the'Union to represent them. It
appears that an insubstantial proportion of the employees in the
maintenance and pattern shop departments. are eligible to member-
ship in the Union. The Union has not attempted to organize the
employees of either department or been requested to represent them.
'The Field Examiner reported that the Union has submitted to him 103 cards bearing
original and apparently genuine signatures of 103 different persons whose names appear on
the Company's pay roll for January 1, 1942, each card authorizing the Union to represent
the signer for the purposes of collective bargaining There are approximately 154
employees in the unit hereinafter found to be appropriate.
490 DECISIONS OF NATIONAL LABOR RELATIONS /BOARD
The Union has attempted to organize, and has been requested to rep-
resent, only the employees in, the welding, assembly, fabricating, and
machine shop departments. No other Union seeks to represent em-
ployees of the Company upon a broader basis. Under the circum-
stances we are of the opinion that the unit requested by the Union is
appropriate.
We find that all employees of the Company in its machine shop,
welding shop, assembly shop, and fabricating shop, excluding super-
intendents and non-working foremen, constitute a unit appropriate
for the purposes of collective bargaining and that said, unit will - insure
to employee's of the Company the full benefit of their right to self=
organization and to collective bargaining, and otherwise will effectuate
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. an election by secret ballot. We shall
direct that such an election be held among employees of, the Company
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.
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 Bethlehem Supply Company, Tulsa, Okla-
homa, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All the employees of the Company in its machine shop, welding
shop, assembly shop, and fabricating shop, excluding superintendents
and non-working foremen, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor.
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
B'ETHLEH'EM SUPPLY COMPANY 491
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Bethlehem Supply Company, Tulsa, Oklahoma, 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 of Election, under
the direction and supervision of the_ Regional Director for the Six-
teenth 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 employees of Bethlehem Supply Company,,
Tulsa, Oklahoma, in its machine shop, welding shop, assembly shop,
and fabricating, shop, who were employed during the pay-roll period
immediately 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 superintendents,
non-working foremen, and employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Local 790, International Association of Machinists,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.