MacClatchie Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 10, 1943

53 N.L.R.B. 1268 (N.L.R.B. 1943)

In the Matter Of MACCLATCHIE MANUFACTURING COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE 311, A. F. OF L.
Case No. 21-R-2169.-Decided December 10, 1943
Mr. Robert M. McManigal, of Los Angeles, Calif., for the Company.
Mr. David Sokol, of Los Angeles, Calif., for the I. A. M.
Messrs. Johan Despol and Fred S. Hart, of Maywood, Calif., for the
U. S. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Lodge 311, A. F. of L., herein called the I. A. M., alleging that a
question affecting commerce had arisen concerning the representation
of employees of MacClatchie Manufacturing Company, Compton,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Charles M. Ryan, Trial Examiner. Said hearing was held at Los
Angeles, California, on November 4, 1943. At the commencement of
the hearing the Trial Examiner granted a motion of MacClatchie
Division of Local 2018, United Steelworkers of America, C. I. 0.,
herein called the U. S. A., to intervene. The Company, the I. A. M.,
and the U. S. A., appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. During the course of the
hearing the U. S. A. moved to dismiss the petition. The Trial Exam-
iner reserved ruling. The motion is hereby denied. 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.
Upon the entire record in the case, the Board makes the following :
53 N. L . R. B., No. 231.
1268
MArCLATCHIE MANUFACTURING COMPANY 1269
FINDINGS OF FACT
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I. THE BUSINESS OF THE COMPANY
MacClatchie Manufacturing Company is a California corporation
operating a plant at Compton, California, where it is engaged in the
manufacture of oil well equipment and steel and rubber products.
During the 12-month period ending November 1, 1943, the Company
purchased raw materials valued at about $75,000, approximately 75
percent of which was shipped to it from points outside the State of
California. During the same period the Company sold products
valued at about $450,000, approximately 20 percent of which was
shipped to points outside the State of California.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge 311, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
MacClatchie Division of Local 2018, United Steelworkers of Amer-
ica, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 13, 1943, the I. A. M. requested the Company to recog-
nize it as exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
On May 5, 1941, the Company and the U. S. A. entered into an
exclusive collective bargaining contract. The contract provided that
it was subject to renegotiation on 30 days'• written notice and if
"not changed by written agreement entered into by and between the
Company and the Union within sixty (60) days from the giving of
notice, then this agreement and provisions thereof may be terminated
by either party upon ten (10) days' written notice." During July
1942, the U. S. A. and the Company opened the contract for negotia-
tions and in December 1942 the issues under negotiation were certi-
fied to the National War Labor Board. The dispute was submitted
to an arbitrator who thereafter rendered an award. On November
4, 1943, the Tenth Regional War Labor Board issued a directive
order,' which adopted the award of the arbitrator. It appears that
the Company and the U. S. A. entered into a contract on November
18, 1943, which incorporated the clauses recommended by the arbi-
i A copy of the directive order, submitted by the U S. A. on or about November 19, 1943,
is hereby made a part of the record.
1270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
trator and adopted by the Regional War Labor Board.2 The con-
tract permits either party 'to open negotiations upon 20 days' notice
and it is terminable upon 10 days' written notice if a new written
agreement is not reached within 40 days after the giving of notice
of desire to negotiate.
The U. S. A. urges that we dismiss the petition of the I. A. M.,
because to do.otherwise would assertedly serve to penalize the U. S. A.
for having submitted its dispute to the National War Labor Board
for orderly determination. In substance, it ascribes the apparent
desire of the employees for an election to the dissatisfaction among
them over the alleged delay in the determination of the contractual
dispute. The record shows that the U. S. A. was in full enjoyment
of its rights as the exclusive collective bargaining representative from
May '1941 to July, 1942.3 While the disputed matters were pending
before the Regional War Labor Board, the parties operated under
the May 1941 agreement. Thus the U. S. A. has enjoyed the rights
of an exclusive representative for about 4 years and the employees
it represented received the benefits of the May 1941 contract for
more than a year without any request for a change in terms, although
the contract was subject to renegotiation upon 30 days' notice. This
case, therefore, is clearly not comparable to those recent cases 4 in
which we declined to hold an election because the recognized or certi-
fied representative had had no real opportunity to enjoy the benefits
of, exclusive. representation, inasmuch as the , initial collective bar-
gaining efforts, following recognition or certification, had resulted in
resort to the processes of the National War Labor Board. We find,
therefore, that no reason appears for refraining from ordering an
election at this time.5
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the I. A. M. and the U. S. A.
each represent a substantial number of employees in the unit herein-
after found to be appropriate .6
We hereby make a part of the record a copy of the contract lodged with the Board by the
U. S. A. on or about December 2, 1943.
3In fact , the U. S A. or its predecessor , was the representative of the Company's em-
ployees for about 2 years prior to 1941, as a result of having won an election conducted by
the Board. In October 1939, the Company and the predecessor of the U S. A. entered into a
contract , which' was succeeded by the May 1941 agreement
4 Matter o f Aluminum Company of America , Vancouver, Washington, 53 N. L. R B. 593;
Matter of Allis-Chalmers Manufacturing Company, 50 N. L. R. B 306; Matter of Kett-
neeott Copper Corporation, Nevada Mines Branch, 51 N. L R. B. 1140
8 Since the November 1943 contract was executed after the I A M. had given notice of
its claim , and since it is subject to termination by either party within 60 days , it obviously
is not a bar to a present determination of representatives
6 The Field Examiner reported that the I. A. M. and the U S A. presented 35 and 45
membership application cards , respectively, bearing apparently genuine signatures of persons
whose names appear on the Company 's pay roll of October 15, 1943. There are approximately
68 employees in the appropriate unit.
MACCLATCHIE MANUFACTURING COMPANY 1271
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 National Labor
Relations 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, warehousemen, and all super-
visory employees with authority to hire, promote, discipline, dis-
charge, or otherwise effect changes in the status of employees, or effec-
tively 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 means of an election by secret ballot among
the employees within the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election here, 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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with MacClatchie
Manufacturing Company, Compton, 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 Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
' This is substantially the same unit that is provided for in the contract between the
Company and the U. S. A.
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 any 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 repre-
sented by International Association of Machinists, Lodge 311, affiliated
with the American Federation of Labor, or by MacClatchie Division
of Local 2018, United Steelworkers of America, C. I. 0., for the
purposes of collective bargaining, or by neither.,
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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