Food Machinery Corp.

National Labor Relations Board - Board Decisions

Apr 30, 1946

67 N.L.R.B. 1049 (N.L.R.B. 1946)

In the Matter of PEERLESS PUMP DIVISION, FOOD MACHINERY CORPORA-
TION and WESTERN MECHANICS LOCAL 700, INTERNATIONAL UNION
OF MINE, MILL , AND SMELTER WORKERS, C. I. O.
Case No. 21-B-3257.-Decided April 30, 1946
Latham di Watkins, by Mr. Richard W. Lund, of Los Angeles, Calif.,
for the Company.
Mr. David Brown, of Los Angeles, Calif., for the I. U. M. M. S. W.
Messrs. E. B. White and William E. Burke, of Los Angeles, Calif.,
for the I. A. M.
Mr. Martin T. Camacho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Western Mechanics Local 700, Inter-
national Union of Mine, Mill and Smelter Workers, C. I. 0., herein
called the I. U. M. M. S. W., alleging that a question affecting commerce
had arisen concerning the representation of employees of the Peerless
Pump Division, Food Machinery Corporation, Los Angeles, California,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George H.
O'Brien, Trial Examiner. The hearing was held at Los Angeles, Cali-
fornia, on March 28, 1946. The Company, I. U. M. M. S. W., and the
District Lodge No. 94, in behalf of Lodge No. 311, International Associ-
ation of Machinists, herein called the I. A. M.,1 appeared and partici-
pated in the hearing. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues.2 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.
1 The I. A. M. intervened at the hearing.
z There were no witnesses introduced at the hearing.
67 N. L. R. B., No. 131.
1049
1050 DECISIONS NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Peerless Pump Division, Food Machinery Corporation, is a Dela-
ware corporation, having its principal office at Los Angeles, California,
and operating factories at Los Angeles, California, San Jose, Califor-
nia, Fresno, California, and Canton, Ohio. The raw materials used
at its Los Angeles plant with which this proceeding is concerned are
iron, steel, rubber, and bronze. Total purchases are in excess of
$1,000,000 annually and of these purchases materials valued at in ex-
cess of $500,000 annually are shipped to its Los Angeles plant, from
points located outside the State of California. At its Los Angeles
plant it manufactures deep well turbine pumps, high lift pumps, gaso-
line pumps, and bilge pumps, valued at more than $2,000,000 annually,
of which 75 percent is shipped from the Los Angeles plant to points
located outside the State of California.
The Company concedes, and we find, that it is engaged in commerce
as the term is defined in the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
Western Mechanics Local 700, International Union of Mine, Mill,
and Smelter Workers, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership employees
of the Company.
Lodge No. 311, International Association of Machinists is a labor
organization admitting to membership employees of the Company a
III. THE QUESTION CONCERNING REPRESENTATION
On February 13, 1946, the I. U. M. M. S. W., by letter, asked the
Company for recognition as the bargaining representative of the
Company's employees. On February 14, 1946, the Company denied
the request setting forth that on the basis of a prior certification 4 it
had signed a contract which was still in effect and had "quite some
time yet to run" with the I. A. M.
On April 15, 1943, the Company and the I. A. M. entered into an
exclusive bargaining contract. The contract contains the agreement
that it "shall continue in force and effect during the period of National
8 The existing contract of the I. A. M was signed by a business agent of District Lodge
No. 94, for Lodge No. 311. Inasmuch as Lodge 311 appears to be the interested labor
organization we shall place its name on the ballot in the election hereinafter directed.
4 On October 26, 1942, the Regional Director designated the I. A M as the exclusive
bargaining representative of the Company's employees as the result of a consent election
held in Case No. 21-R-1777.
FOOD MACHINERY CORPORATION 1051
Emergency, as proclaimed by The President of the United States, and/
or the period of one year from date hereof, whichever is longer and
shall continue in force and effect from year to year thereafter un-
less either party shall give the other party notice in writing of a de-
sire to terminate or modify the agreement at least thirty (30) days
prior to the anniversary date of this contract." Inasmuch as the
contract has been in effect for over a period of 1 year and its term
depends upon a contingency which may be unreasonably remote, we
find that it does not constitute a bar to a determination of bargaining
representatives at this time. Hence, the motion by the I. A. M. to dis-
miss the petition filed by the I. U. M. M. S. W. is hereby denied.'
A stratement of a Board agent, introduced into evidence at the hear-
ing, indicates that the I. U. M. M. S. W. represents a substantial number
of employees in the unit hereinafter found appropriate.6
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
Substantially in accordance with an agreement of the parties at the
hearing and the record, we find that all the Company's production
and maintenance employees, including factory janitors and guards,
shipping and stockroom employees, but excluding draftsmen, engi-
neers, clerical employees wherever located, office employees, office jani-
tors, and office guards, and 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 an election by secret ballot among the em-
ployees 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.
See Matter of The Trailer Company of America, 51 N L. R. B. 1106 , Matter of Solar
Aircraft Company, 49 N. L. R. B. 46.
9 The Field Examiner reported that the I. U. M. M S . W. submitted 54 authorization
cards bearing the names of 50 employees listed on the Company 's pay roll and that there
are approximately 147 employees in the appropriate unit.
C The unit found appropriate is the same in which the consent election was held in 1942,
and it is the same unit as that set forth in the contract between the I. A. M. and the
Company.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Peerless Pump
Division, Food Machinery Corporation, 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, includ-
ing 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 them-
selves in person at the polls, but excluding those employees who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, to determine whether they
desire to be represented by Western Mechanics Local 700, Interna-
tional Union of Mine, Mill, and Smelter Workers, C. 1. 0., or by Lodge
No. 311, International Association of Machinists, for the purposes of
collective bargaining, or by neither.