The Steel Tank and Pipe Co. of California

National Labor Relations Board - Board Decisions

Oct 22, 1940

27 N.L.R.B. 1013 (N.L.R.B. 1940)

In the Matter of THE STEEL TANK AND PIPE COMPANY OF CALIFORNIA
- and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP
BUILDERS AND HELPERS OF AMERICA, LOCALS 81 AND 39
Case. No. R4091.-Decided October 22, 1940
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Earle K. Shawe, for the Board.
Mr. George H. Raith, for the Company.
Mr. I. J . Ironside , for-the Union.
Miss Arun Landy, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 25, 1940, International Brotherhood of Boiler-
makers, Iron Ship Builders and Helpers of America, Locals 681 and
39, herein called the Union, filed with the Regional Director for the
Twentieth Region (San Francisco, California), a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Steel Tank and Pipe Company of
California, herein called the Company, engaged in the manufacture
and sale of steel tanks, pipe lines, and similar steel products, at
Berkeley, California, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep-
tember 26, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an ap-
propriate hearing upon due notice. On- September 27, 1940, the
Company, the Union, and counsel for the Board entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
27 N. L. R. B , No. 167.
1013
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation an election by secret ballot was con-
ducted on October 2, 1940, under the direction and supervision of
the Regional Director among the production and maintenance em-
ployees employed by the Company at its Berkeley plant during the
pay-roll period ending September 30, 1940, including all employees
temporarily laid off, but excluding supervisory and clerical em-
ployees and truck drivers, to determine whether or not said employees
desire to be represented by the Union. On October 3, 1940, the
Regional Director issued and duly served upon the parties his Elec-
tion Report. No objections to the conduct of the ballot or the Elec-
tion Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the ballot and its results :
Total eligible to vote---------------------------------------- 86
Total number of ballots cast ---------------------------------- 76
Total number of votes in favor of International Brotherhood of
Boilermakers , Iron Ship Builders and Helpers of America,
Locals 681 and 39-- --------------------------------------- 65
Total number of votes against International Brotherhood of
Boilermakers , Iron Ship Builders and Helpers of America,
Locals 681 and 39----------------------------------------- 11
Total number of blank ballots-------------------------------- 0
Total number of void ballots --------------------------------- 0
Total number of challenged ballots-------------- ------------- 0
Upon the above-mentioned stipulation, the Election Report, and
the entire record in the case, the Board makes .the following:
FINDINGS OF FACT
1. A question affecting commerce has-arisen concerning the repre-
sentation of employees of The Steel Tank and Pipe Company of
California, Berkeley, California, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its Berkeley plant, excluding supervisory and clerical employees and
truck drivers, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. International Brotherhood of Boilermakers, Iron Ship Builders
and Helpers of America, Locals 681 and 39, has been designated and
selected by a majority of employees in the above unit as their repre-
sentative for the purposes of collective bargaining and is the exclu-
sive representative of all employees in said unit, within the meaning
of Section 9 (a) of the National Labor Relations Act.
THE STEEL TANK AND PIPE COMPANY OF CALIF . 1015
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that International Brotherhood of Boiler
makers, Iron Ship Builders and Helpers of America, Locals 681 and
39, has been designated and selected by the majority of production
and maintenance employees of The Steel Tank and Pipe Company
of California at the Berkeley plant, excluding supervisory and clerical
employees and truck drivers, as their representative for the purposes
of collective bargaining and that pursuant to the provision of Section
9 (a) of the Act, International Brotherhood of Boilermakers, Iron
Ship Builders and Helpers of America, Locals 681 and 39, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.