Norris Stamping and Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 4, 1946

65 N.L.R.B. 789 (N.L.R.B. 1946)

In the Matter of NORRIS STAMPING AND MANUFACTURING Co. and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-11,
A. F. L.
Case No. 21-R-3019.-Decided February 4, 1946
Messrs. Paul R. Watkins and Keene Watkins, of Los Angeles , Calif.,
for the Company.
Messrs. C. DeMontreville and Brice Worley, of Los Angeles , Calif.,
for the Union.
Illr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Electrical
Workers, Local B-11, A. F. L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation ,
of employees of Norris Stamping and Manufacturing Co., Los Angeles,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William, T. Whitsett, Trial Examiner. The hearing was held at Los
Angeles, California, on October 11, 1945. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the hearing the Com-
pany moved to dismiss the petition on the ground that the Board has
not as yet disposed of an unfair labor practice charge filed by the
Union against the Company (Case No. 21-C-2581). Inasmuch as the
Union has filed a waiver of the right to protest any, election which
might be directed in this proceeding based upon the subject matter
of the charge, the motion is denied.' 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 :
i See Matter of Burton Dixie Corporation , 48 N. L. R. B. 543.
65 N. L R. B., No. 134. 789
11
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Norris Stamping and Manufacturing Co. is a California Corporation
engaged at 5215 S. Boyle Avenue, Los Angeles, California, in the
manufacture and sale of metal products. During the calendar year
1944, the Company purchased raw materials consisting of steel, brass,
aluminum, rubber, paint, and copper. Purchases of raw materials
valued in excess of $250,000 originated outside the State of California.
During the same period sales of finished products valued in excess of
$250,000 were made to purchasers outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local B-11, is a
labor organization affiliated with the American Federation of Labor,
admitting 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 electrical employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 2
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
The Union seeks a unit of all electrical workers who are employed at
the Company's plant. The unit proposed by the Union is described
in its amended petition as follows :
All electrical maintenance, electrical repair, and electrical main-
tenance construction employees, including electrical maintenance
helpers and electrical maintenance and construction leadmen, ex-
cept for supervisory employees with authority to hire, promote,
2 The Field Examiner reported that the Union submitted 28 application cards, of which
13 bore the names of employees listed on the Company 's pay roll of September 9, 1945 ;
and that the cards were dated August 14, 1945.
There are approximately 24 employees in the appropriate unit.
NORRIS STAMPING AND MANUFACTURING CO. 791
discharge, discipline, or otherwise effect changes in the status of
employees or effectively recommend such action.
The Company claims that such a unit is inappropriate and that a
single-plant unit comprised of all employees is appropriate.
In support of its.position the Company stresses that working con-
ditions for the employees sought and other employees are substantially
the same. It also points to the fact that the employees in the unit
desired by the Union on numerous occasions perform their work along-
side the production and maintenance employees.
But the record discloses that the workers sought by the Union form
a distinct and separate group from other plant workers and that they
are separately supervised. Theirs is a highly specialized skill dis-
tinguishable from those of other employees. They are engaged exclu-
sively in the installation, maintenance, and repair of electrical machin-
ery and equipment. That they constitute a homogeneous craft group
may not be denied. In the absence of a history of collective bar-
gaining on the basis of a more comprehensive unit, we are of the
opinion that the grouping sought is appropriate.3 -
We find that all electrical maintenance, electrical repair, and elec-
trical maintenance construction employees of the Company, including
electrical maintenance helpers, and electrical maintenance and con-
struction leadmen,4 but excluding all 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 DET.ERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
See Matter of Douglas Aircraft Company, Inc., 54 N L. R. B. 781.
It is clear from the record that leadmen are not supervisory employees within the
meaning of our customary definition.
792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Norris Stamping
and Manufacturing Co., Los Angeles, 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 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 those employees who have since quit or been dis-
charged 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 International Brotherhood of Electrical Workers,
Local B-11, A. F . L., for the purposes of collective bargaining.