Shepherd Tractor and Equipment Co.

National Labor Relations Board - Board DecisionsDec 29, 1945

65 N.L.R.B. 38 (N.L.R.B. 1945)

In the Matter of SHEPHERD TRACTOR AND EQUIPMENT Co. AND SIIEPIIERD TRACTOR AND EQUIPITENT CO., SI-IEPIIERD DIEsEs, MARINE DIVISION and INTERNATIONAL UNION OF OPERATING ENGINEERS, LocAL UNION No. 12, AFL Case No. V-R-2955.1-Decided December 09, 1945 Mr. Elmer H. Howlett, of Los Angeles, Calif., for the Company. Mr. L. O. Wilson, of Los Angeles, Calif., for the Engineers. Mr. E. R. White, of Los Angeles, Calif., for the Machinists. 111r. Jack 31antel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a first amended petition duly filed by International Union .of Operating Engineers, Local Union No. 12, AFL, herein called the Engineers, alleging that a question affecting commerce had arisen concerning the representation of employees of Shepherd Tractor and Equipment Co. and Shepherd Tractor and Equipment Co., Shepherd -Diesel Marine Division, both of Los Angeles, California, herein called the Tractor Company and the Marine Company, respectively, and col- lectively referred to as the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before David Aaron, Trial Examiner. The hearing was held at Los Angeles, California, on August 9, 1945. The Company, the Engineers, and In- ternational Association of Machinists, District Lodge No. 94, AFL, herein called the Machinists, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross- ,examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prej- udicial 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 : ' On July 30, 1945 , the Board issued an order consolidating this case with Case No. '21-R-2851 ( In the Matter of Shepherd Tractor and Equipment Co., et al. and General Warehousemen's Union, Local No. 598 , International Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpevs , AFL). `The parties to the latter proceeding entered into a -consent election agreement and the case was closed on August 16, 1945. 65 N. L R B ., No. 9. 38 SHEPHERD TRACTOR AND EQUIPMENT CO. 39 FINDINGS OF FACT I. THE BUSINESS OF TIIE COMPANIES Shepherd Tractor and Equipment Co. is a partnership comprised of Willard W. Shepherd and Norma D. Shepherd, general partners, and Helen L. Shepherd, Hattie W. Shepherd, Meta Shepherd, Anita B. Henson, and W. Worth Murphy, limited partners. Its principal place of business is in Los Angeles, California, where it is engaged in the sale, distribution, and maintenance of farm and industrial tractors and equipment. Shepherd Tractor and Equipment Co., Shepherd Diesel Marine Division, is a partnership consisting of the same general and limited partners as comprise the above-mentioned Shepherd Tractor and Equipment Co. Its principal place of business is in Los Angeles, California, where it is engaged in the sale, distribution, and mainte- nance of diesel marine engines and marine equipment, and in the over- hauling and maintenance of engine equipment. The plant involved in this proceeding is located at 4647 Bandini Boulevard, Los Angeles, California, which is used by both Companies. For the year ending April 30, 1945, combined purchases of both Com- panies amounted to approximately $2,672,996, of which approximately $2,019,000 represented purchases and shipments from points outside the State of California. During the same period, sales of both Com- panies amounted to approximately $3,622,501, of which approximately $270,000 represented sales and shipments to points outside the State- of California. The Companies admit that they are engaged in commerce within, the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union of Operating Engineers, Local Union No. 12, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Companies. International Association of Machinists, District Lodge No. 94, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Companies. III. TIIE QUESTION CONCERNING REPRESENTATION The, Companies have refused to grant recognition to either the- Engineers or the Machinists as the exclusive bargaining representative of their employees until certified by the Board in an appropriate unit.. 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Engineers represents a substantial number of employees in the unit hereinafter found appropriate.2 We, find that a question affecting commerce has arisen concerning the representation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. TIIE APPROPRIATE UNIT The Engineers and the Machinists seek a unit of all production and maintenance employees of the Companies employed at the Bandini Boulevard plant, excluding partsmen, office employees, and supervisory employees. Although the Companies do not object to the specific composition of such unit, they contend that tlte employees of the Trac- tor Company and the employees of the Marine Company, respec- tively, constitute separate appropriate units. All the employees involved in this proceeding perform their work in the one large room which comprises the Companies' plant. Three- fourths of the room^is occupied by the Tractor Company and is known as Shop #1, the remaining portion of the plant being occupied by the Marine Company and called Shop #2. As shown in Section I, supra, both Companies are under common ownership. The personnel office and one warehouse are maintained for both Companies. There is one general superintendent who is carried on the Tractor Company's pay roll, but supervises the operations of both shops. He has the authority to recommend the discharge of all employees who work in the plant. The employees of Shops #1 and #2 are served by the same parts and toolroom departments, both departments being op- erated by employees on the pay roll of Shop #1. All engine repair work for Shop #1 is performed by Shop #2, except welding; Shop #1 does the necessary welding work for both shops. The Companies, in support of their contention for separate units, point out that the Tractor Company and the Marine Company main- tain separate pay rolls and billing, have separate sales departments, and have a separate foreman for each shop. However, it appears that the labor policy of both Companies is determined by the same mana- gerial representatives, and since their operations are highly inte- grated, we are of the opinion that the Companies constitute a single employer within the meaning of Section 2 (2) of the Act, and that 2 The Board agent reported that the Engineers submitted 30 authorization cards, 20 of which bore the names of persons within the alleged appropriate unit There are approximately 38 employees in the unit hereinafter found to be appropriate T4e Board agent also reported that the Machinists submitted 4 authorization cards, of which 3 bore the names of persons within the unit Although the showing made by the Machinists is not substantial , inasmuch as an election is to be conducted , we shall accord it a place on the ballot SHEPHERD TRACTOR AND EQUIPMENT CO. 41 the employees at the Bandini Boulevard plant constitute a single -appropriate unit.3 Accordingly , we find that all production and maintenance employees -of the Companies employed at 4617 Bandini Boulevard, Los Angeles, excluding partsmen , office employees , and 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 collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION I 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 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 represen- tatives for the purposes of collective bargaining with Shepherd Trac- tor and Equipment Co., and Shepherd Tractor and Equipment Co., Shepherd Diesel Marine Division, both of Los Angeles, California, 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 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 Regulations, 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 em- 3 See Matter of San Luis fee d Cold Storage Corporation and San Laic Iced Cold Storage Corporation d/b/a Santa Maiza Refrigerating Company , 63 N L R B 125 42 DECISIONS OF NATIONAL .LABOR RELATIONS BOARD ,ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter; mine whether they desire to be represented by International Union of Operating Engineers, Local Union No. 12, AFL, or by Interna- tional Association of Machinists, AFL, for the purposes of collective bargaining, or by neither.