Hughes Tool Co.

National Labor Relations Board - Board Decisions

Nov 13, 1941

36 N.L.R.B. 904 (N.L.R.B. 1941)

In the Matter of HUGHES TOOL COMPANY and INDEPENDENT METAL
WORKERS UNION, LOCALS Nos. 1 AND 2
Case No. R-2566
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 13, 1941
On August 6, 1941, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding 1
Pursuant to the Direction of Election, an election by secret ballot was
conducted on August 28 and 29, 1941, under the direction and super-
vision of the Regional Director for the Sixteenth Region (Fort
Worth, Texas). On September 2, 1941, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties his Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of ballots counted___________________________ 2,828
Total number of votes for Independent Metal Workers Union,
Locals Nos. 1 and 2_____________________________________ 1,601
Total number of votes for Steel Workers Organizing Com-
mittee, Lodge No. 1742---------------------------------- 950
Total number of votes for American Federation of Labor__ 169
Total number of void ballots______________________________ 56
Total number of votes for neither organization_____________ 38
Total number of blank ballots_____________________________ 1
Total number of challenged ballots----------------------- 22
Total number of eligibles_________________________________ 3,297
On September 4, 1941, Steel Workers Organizing Committee, Lodge
No. 1742, affiliated with the Congress of Industrial Organizations,
herein called the S. W. O. C., filed with the Regional Director objec-
tions to the conduct of the ballot, alleging that prior to and during
1 33 N. L. R. B., No. 188.
36 N. L R B., No. 185
904
HUGHES TOOL - COMPANY 905
the time of the election , the Company, through its officers and agents,
intimidated and coerced its employees , and expressed favoritism for
the Independent Metal Workers Union, Locals Nos. 1 and 2, and'
thereby interfered with the rights.of employees to vote for a labor
organization of their own choosing. On September 27, and October
24, 1941, respectively , the Regional Director , acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon
the parties a Report on Objections to Election , and a Supplemental
Report on Objections . The Regional Director in his Supplemental
Report states , "The Company has taken every reasonable step pos-
sible to anticipate and prevent any interference in the election by its
supervisory officials and employees . . . the objections filed by the
S. W. O. C. do not raise a substantial and material issue with respect
to the conduct of the ballot and the results thereof." The Board
has considered the objections filed by the S. W. O. C. and the
Regional Director 's reports thereon and hereby affirms the Regional
Director 's conclusion that the objections raise no substantial or mate-
rial issue with respect to the conduct of the ballot or the Election
Report. The objections are hereby overruled.
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, 49Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2,.as amended,
IT IS HEREBY CERTIFIED that Independent Metal Workers Union,
Locals Nos. 1 and 2, has been designated and selected by a majority of
all production and maintenance employees of Hughes Tool Company,
Houston, Texas, including class C colored employees in the main-
tenance department and those assigned to the general machine shop
and inspection departments ; janitors; class C colored common labor-
ers working in the forge shop and in the heat -treat and foundry-
shop departments ; the colored employee working in the pattern
shop; shipping-department employees ; material control department
employees ; shop clerks ; machinists ; mechanics , helpers, and laborers
attached to the engineering department ; and the five colored truck
drivers in the maintenance department , but excluding executive,
supervisory , clerical , office, and professional employees ; printing-
shop employees ; personnel .- department employees ; sales-department
employees other than those employed in the shipping department;
906 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
accounting-department employees other than shop clerks; day office
porters; garage employees; production-department employees; and
engineers, draftsmen, chemists, metallurgists, and clerical employees
of the engineering department, as their representative for the pur-
poses of collective bargaining and that Independent Metal Workers
Union, Locals Nos. 1 and 2, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment. ,