Mission Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 10, 1945

64 N.L.R.B. 1289 (N.L.R.B. 1945)

In the Matter of MISSION MANUFACTURING COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, DISTRICT 37, A. F. OF L.
Case No . 16-R-1390.-Decided December 10, 1945
Messrs. W. M. Streetman and C. L. Griffin, of Houston, Tex., for
the Company.
Mr. Henry J. Murphy, of Houston, Tex., for the Union.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Association
of Machinists, District 37, A. F. of L., herein called the Union, alleging-
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Mission Manufacturing Company, Houston,
Texas, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Earl
Saunders, Trial Examiner. The hearing was held at Houston, Texas,
on September 18, 1945. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing 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 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
Mission Manufacturing Company is a Texas corporation with a
plant located near Houston, Texas. This plant, with which we are
here concerned, is engaged in manufacturing oil well supplies and
'Independent Oilfield Supply Workers Union , Local No. 1 , herein called the Independent,.
was served with notice of hearing but did not appear.
64 N. L. R. B., No. 213.
1289
1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
specialties. Annually the Company purchases in the conduct of its
business at this plant raw materials valued in excess of $50,000, of
which approximately 25 percent is shipped to this plant from points
outside the State of Texas. Annually the Company manufactures,
sells, and ships from the said plant finished products valued in excess
of $500,000, of which approximately 25 percent is shipped to points
outside the State of Texas.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District 37, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
'exclusive bargaining representative of its employees because of an
existing contract between the Company and the Independent. The
contract referred to was executed on March 13, 1945, for a term of
1 year. A prior contract between the Company and the Independent
was in effect from August 1943 to August 1944. The record discloses
that approximately 175 members of the Independent, on August 18 or
19, 1945, at a special meeting voted unanimously to dissolve. Since
that date, the Independent has been inactive, and as indicated above,
no representative of the Independent appeared at the hearing. We
find that the Independent is no longer in existence as a functioning
representative of the employees covered by the contract and that the
contract therefore does not constitute a bar to a present determination
of representatives.2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.3
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 accordance with an agreement of the parties,
that all production and maintenance employees of the Mission Manu-
facturing Company at its plant located near Houston, Texas, including
2 See Matter of The Black -Clawson Company , 63 N L R B. 773.
3 The Field Examiner reported that the Union submitted 157 authorization cards ; that
142 persons named on the cards were listed on the Company 's pay-roll for the period ending
June 12 , 1945 , which contained the names of 170 employees in the appropriate unit ; and
that the cards were dated in May and June 1945.
MISSION MANUFACTURING COMPANY 1291
warehousemen, but excluding shop clerks, office clerical employees,
guards, maids, porters, laborers, 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.
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 Mission Manu-
facturing Company, Houston, Texas, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) 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 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, including 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 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 elec-
tion, to determine whether or not they desire to be represented by
International Association of Machinists, District 37, A. F. of L., for
the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.