Vernon Tool Co., Ltd.

National Labor Relations Board - Board Decisions

Dec 9, 1940

28 N.L.R.B. 406 (N.L.R.B. 1940)

In the Matter of VERNON TOOL COMPANY, LTD. and METAL TRADES
COUNCIL OF Los ANGELES AND VICINITY, A. Y., L.
Case No. R,9155.-Decided December 9, 1940
Jurisdiction : tool manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival, representatives ; election necessary.
Unit Appropriate for. Collective Bargaining : production and maintenance em-
ployees, including machinists, and excluding supervisory, clerical, and en-
gineering employees.
Guthrie & Darling, by Mr. Stanley W. Guthrie, of Los Angeles,
Calif., for the Company.
Mr. M. A. Koch, of Los Angeles, Calif., for the Council.
Mr. John V. Cralley and Mr. Walter Owen, of Los Angeles, Calif.,
for the I. A. M.
Mr. E. V. Blackwell, of Los Angeles, Calif., for the Boilermakers.
Mr. John Despol, of Maywood, Calif., for the S. W. O. C.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 26, 1940, Metal Trades Council of Los Angeles and
Vicinity, A. F. L., herein called the Council, filed with the Regional
Director for the Twenty-first Region (Los Angeles, California) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Vernon Tool Company,
Ltd., Vernon, California, herein called the Company, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On November 2, 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 Re-
lations Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
- and to provide for an appropriate hearing upon due notice. On
28 N. L. R. B., No. 66. ,
406
VERNON TOOL COMPANY, LTD. 407
November 6, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
.Council, and upon International Association of Machinists, Lodge
311, herein called the I. A. M., upon International Brotherhood of
Boilermakers, Iron Shipbuilders, Welders & Helpers of America,
Local 92, herein called the Boilermakers, and upon Steel Workers
Organizing Committee, Local 2018, herein called the S. W. O. C.,
-labor organizations claiming to represent employees directly affected
by the investigation.
Pursuant to notice a hearing was held on November 14, 1940, at
Los Angeles, California, before W. G. Stuart Sherman; the Trial
Examiner duly designated by the Board. The Company was rep-
resented by counsel, and the Council, the I. A. M., the Boilermakers,
and the S. W. O. C., by their representatives. All parties par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF, FACT
I. THE. BUSINESS OF THE COMPANY
Vernon Tool Company, Ltd., is a California corporation engaged
in the manufacture, sale, maintenance, and repair of tools, engines,
and other heavy equipment, for the oil and allied industries. Its
principal office and place of business is located at Vernon, California,
,and small service shops are also maintained at Terminal Island,
California. During the current year, the Company purchased raw
materials, consisting principally of iron and steel, in the approximate
amount of $150,000, all of which materials were purchased within
the State of California. During the same period the Company sold
finished products and rendered repair and maintenance services valued
at over $700,000. Over 15 per cent of the products sold by the Com-
pany were shipped to States other than California. The Company
employs approximately 115 employees in the operation of its business.
H. THE ORGANIZATIONS INVOLVED
Metal Trades Council of Los Angeles and Vicinity is a labor or-
ganization composed of representatives of local unions affiliated with
the American Federation of Labor, including International Asso-
ciation of Machinists, Lodge 311, and International Brotherhood of
Boilermakers, Iron Shipbuilders, Welders & Helpers of America,
Local 92, which admit to their membership production and main-
tenance, employees of the Company.
408 DECISIONSr'OF NATIONAL LABOR RELATIONS BOARD
Steel Workers' Organizing Committee, Local 2018, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to its membership production and maintenance employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
For some time prior to August 1940, the Boilermakers, the I. A.
M., and the S. W. O. C. had members among the- employees of the
Company.- In-August 1940, the S. W. O.-C. and the Council, the
-latter acting in behalf of the Boilermakers and the I. A. M., renewed
their organizing efforts, and both now seek recognition by the Com-
pany as the bargaining, representative of its employees.
At the hearing there was introduced in evidence a statement pre-
pared by the Regional Director showing that the Council- and the
S. W. O. C. each represent a substantial number of employees within
the unit hereinafter found to be appropriate.' -
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We' find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a. close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
-tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
It was stipulated by 'all parties at the hearing; and we- find,- that
_all production and maintenance employees of the Company, including
-machinists employed in the service' shops on Terminal Island, and
,excluding supervisory, clerical, and, engineering'- employees, consti-
tute a unit appropriate for the purposes of collective bargaining and
that said units will insure to employees of the Company the full bene-
'The statement showed that the Council ' had submitted to the Regional Director 92
authorization cards , of which 84 were dated during August and September 1940. Twenty-
seven of the cards designated the Boilermakers and 65 designated the I . A. M. as the
respective bargaining representatives of the signers thereof. The S. W. 0 C. submitted
to the Regional Director 31 membership application cards , 26 of which were dated during
September and October 1940, and 8 authorization cards dated during August. September,
and October 1940 ' All of the foregoing authorization and membership application cards
appeaied to bear genuine signatures of employees in the appropriate unit.
Included in this category are draftsmen , tracers, and other similar employees working
in the drafting and engineering office.
VERNON TOOL COMPANY, LTD. ,409
fit of their right to self-organization and collective bargaining and
-
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that an election by secret ballot can best resolve the ques-
tion,=which has arisen concerning the representation of employees
of the ' Company. We ' shall follow our usual practice and direct
that the employees of the Company eligible to vote in the election
shall be those within the appropriate unit who were employed during
the pay-loll period immediately preceding the date of the Direction
of Election herein, including employees who did not work during
such pay-roll period because they were ill or on vacation, and em-
ployees who were then or have since beenn temporarily laid off, but
excluding'those who shall have since quit or been discharged for
•cailse.$
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAw
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Vernon Tool Company, Ltd., Vernon,
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,
including machinists employed in the service shops on Terminal
Island, and excluding supervisory, clerical, and engineering em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Vernon Tool Company, Ltd., Vernon, California, an election
by secret ballot shall be conducted as early as possible but not later
Pursuant to a stipulation by the parties, we shall place on the ballot the names of
the Council and the S. W. 0. C. and a space designated as "neither."
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, Section 9, of said Rules
and Regulations, among all production and maintenance, employees
of the Company who were employed by the Company during the
pay-roll period immediately preceding the date of this Direction of
Election, including, machinists employed in the service shops on
Terminal Island, employees who did not work during such pay-roll
period because they were ill or on vacation, and employees who were
then or have since been temporarily laid off, and excluding super-
visory, clerical, and engineering employees, and employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented for the purposes of collective bargaining
by Metal Trades Council of Los Angeles and Vicinity, A. F. L., or
by Steel Workers Organizing Committee, Local 2018, or by neither.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Direction of Election. `