Machine Products Co.

National Labor Relations Board - Board Decisions

Aug 11, 1945

63 N.L.R.B. 298 (N.L.R.B. 1945)

In the Matter Of MACHINE PRODUCTS COMPANY and INTERNATIONAL
ASSOCIATION Or MACHINISTS , DISTRICT 37, A. F. OF L.
Case No. 16-R-1299.-Decided August 11, 1945
Messrs. Seymour Lieberman and J . A.-Green, of Houston, Tex., for
the Company.
Messrs. Henry J. Murphy and A. H. Houser , of Houston , Tex., for
the Union.
Mr. A. Sumner Lawrence , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, District 37, A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Machine Products Company, Houston, Texas, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Lewis Moore, Trial
Examiner. Said hearing was held at Houston, Texas, on May 17,1945.
The Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-exam-
ine witnesses, to introduce evidence bearing on the issues, and to file
briefs with the Board. The Company contended at the hearing that
its was prejudiced in the preparation of its case through the refusal
of the Regional Director to grant a continuance and by reason of the
fact that, owing to the Company's delay in calling for its mail, the
Company did not receive notice of the hearing until 2 days prior to
the date thereof.
Subsequent to the hearing, the Board issued an order to show cause
why an election should not be directed in the stipulated unit unless
the Company should submit an offer of proof with respect to the evi-
dence which it claimed it was prevented from introducing through
lack of opportunity to prepare for the hearing. No offer of proof
has been submitted by the Company in accordance with the provisions
63 N. L. R. B., No. 43.
298
MACHINE PRODUCTS COMPANY 299
of said order. Accordingly, we find that the Company has not been
prejudiced by the refusal of the Regional Director to grant a continu-
ance. The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Machine Products Company, a general partnership consisting of
J. A. Green and Duane Ellis, copartners, operates a machine shop in
Houston, Texas, where it is engaged in subcontracting ordnance and
shipyard work. The Company processes each month finished prod-
ucts valued at approximately $35,000, of which approximately 20 per-
cent is shipped to points outside the State of Texas.
We find, contrary to the contention of the Company, that it is
engaged in activities affecting commerce within the meaning of the
National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District 37, 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 the Union's request for recognition as
bargaining representative for the Company's production and mainte-
nance employees.
A statement of a Field Examiner for the Board, introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.'
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 the parties,' that all produc-
tion and maintenance employees of the Company, excluding office and
I See Matter of McCarty Manufacturing Company, 59 N. L. It. B. 1244 , and cases cited
therein.
2 The Field Examiner reported that the Union had submitted 25 authorization cards, of
which 17, dated in February and March 1945, checked with the Company 's pay roll of
April 2, 1945 , containing 39 names within the claimed appropriate unit.
8 The parties agreed at the hearing with respect to the inclusions and exclusions from the
appropriate unit. Subsequently thereto, the Union in its brief altered its position as
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerical employees, foremen, and all other 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.
0
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 erm-
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.
The Company requests that in the event of an election the ballot
should be in such form as to permit the employees to vote against
representation by the Union or any other labor organization.' The
Union contends'that the normal practice of permitting the eligible
employees to vote for or against the labor organization involved should
be followed in the present instance. We see no reason to depart from
our usual practice in this respect and shall accordingly, provide in the
ballot that the employees of the Company may vote for or against
the Union.5
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 9, of National Labor
Relations 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 Machine Products
Company, Houston, Texas, 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
Regional Director for the Sixteenth Region, acting in this matter as
regards foremen and laborers whom it now contends should be included and excluded, re-
spectively , from the appropriate unit.
Since it appears that the Union seeks a production and maintenance unit, we see no
reason to exclude therefrom employees whose duties include a substantial amount of pro-
duction work . Accordingly , we shall not disturb their agreed inclusion within the unit.
With respect to foremen , the record clearly establishes that employees in this classification
have authority to effectively recommend changes in the status of production and main-
tenance employees , and consequently , we see no reason to depart from their agreed
exclusion.
' The Company suggests that the ballot should read "Do you wish to be represented for
the purpose of collective bargaining by the I . A. M., A. F. L., or do you wish to bargain
directly with the Machine Products Company?"
Cf. Matter of R J. Reynolds Tobacco Company, 52 N L. R. B. 1311.
MACHINE PRODUCTS COMPANY 301
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 the Direction, including employees who did not work during
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
,eluding 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 or not they desire to be represented by Interna-
tional Association of Machinists, District 37, A. F. of L., for the
purposes of collective bargaining.