Larkin Packer Co.

National Labor Relations Board - Board Decisions

Mar 30, 1944

55 N.L.R.B. 877 (N.L.R.B. 1944)

In the Matter of LARKIN PACKER COMPANY and INTERNATIONAL
ASSOCIATION OF MWIIINISTS , DIsIRICT NO. 9, AFL
Case No. 1 /-8-878.Decided March 30, 191' /k
Messrs. J. J. Laricin and R. 11. McRoberts, of St. Louis, Mo., for
the Company.
Messrs. W. C. Riley and Russell L., Davis, of St. Louis, Mo., for
the AFL.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma-
chinists, District No. 9, AFL, herein called the AFL, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Larkin Packer Company, St. Louis, Missouri,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Harry
G. Carlson, Trial Examiner. Said hearing was held at St. Louis,
Missouri, on February 29, 1944. The Company and the Union
appeared and participated.' All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence hearing 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 an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a Missouri corporation, is engaged in the manu-
facture of oil and bas well drilling equipment and machine tools and
1 Although served with Notice of Hearing and a copy of the petition , the well Drilling
and Machine Tool Equipment Union of the United States of America , herein called WDU,
did not appear or participate in any manner.
55 N L. It. B., No. 155
877
878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
production equipin,nt. During 1943 the Company manufactured
finished products valued in excess of $1,000,000, about 75 percent
of which was shipped to points outside the State of Missouri.
Approximately 85 percent of the raw materials used by the Company
originated at points outside that State. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists, District No. 9, affiliated
with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL as the
exclusive bargaining representative of certain of the Company's em-
ployees on the ground that the Company is a party to a 2-year contract
with the WDU executed in August 1943.2 On February 4, 1944, AVDU
members present at a special meeting of the WDU voted unanimously
to disband that organization, and sent to the Company written notice
to that effect. We find that in view of the dissolution of the WDU,
the contract is not a bar to a present determination of representatives.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the AFL represents a substantial number of em-
ployees in the unit hereinafter found appropriate 4
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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, ex-
cluding office and clerical employees, superintendents, foremen, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of eln-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.°
' The Company raised the same objection at the heating
See e g, Matter of Hueneme Wharf cC Warehouse Company, 39 N. L. R. B 636, and
Matter of Willard Storage Battery Company, 46 N. L. R. B. 425
4 The Field Examiner reported that the AFI, submitted 136 authorization cards and that
there are approximately 200 employees in the alleged appropriate unit.
e The Company employs certain "working foremen" and "working supervisors ," whose
duties and authority are not clear . If they exercise powers which place them within our
LARKIN PACKER COMPANY 879
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.
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 3, it is hereby
D]I'ECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Larkin Packer
Company, St. Louis, Missouri, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from the
date of this Direction, under the direction and supervision of the Re-
gional Director for the Fourteenth 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 em-
ployees 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 the
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
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 or not they desire to be represented by Inter-
national Association of Machinists, District No. 9, AFL, for the pur-
poses of collective bargaining.
definition of supervisory employees , they are to be excluded from the unit; otherwise they
are included.