Wyatt Metal & Boiler Works

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 713 (N.L.R.B. 1944)

In the Matter of WYATT METAL & BOILER WORKS and UNITED STEEL-
WORKERS OF AMERICA (CIO)
Case No. 16-R-9,58.-Decided July 07, 1944
Messrs. Ralph Malone and Floyd McGibbon, of Dallas, Tex:, for,
the Company.
Mr. W. A. Leigh, of Dallas, Tex., for the Union.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America
(CIO), herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Wyatt Metal & Boiler Works, Dallas, Texas, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Milton-A. Nixon, Trial Ex-
aminer. Said hearing was held at Dallas, Texas, on June 19, 1944.
The Company and the Union 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-
udicia1 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
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wyatt Metal & Boiler Works is a Texas corporation engaged at
Houston and Dallas, Texas, in the business of manufacturing steel
plates, tanks, and refinery and chemical plant equipment. During the
preceding 6 months, the Company purchased from points outside the
State of Texas raw materials valued at approximately $200,000. Dur-
57 N. L. R. B., No.,118.
713
714 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the same period, the Company shipped to points outside the State
.of Texas finished products valued' at approximately $500,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. k
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization' admitting to mem-
bership 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 Dallas plant guards until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the -hearing, -indicates 'that, the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate."
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 requests a unit composed of all guards employed by the
Company at its Dallas plant. However, the Company argues that the
unit sought is inappropriate because guards are managerial and con-
fidential employees, and because the Union, currently representing
,the production, and maintenance employees of the Dallas plant,- im-
properly seeks to represent the guards as well. -
The three guards at the Dallas plant are armed and uniformed.
it is clear that their duties are confined to, performing functions
.usually associated with their classification. Thus, they identify per-
sons and vehicles entering and leaving the plant, keep under siirveil-
lance the Company's property, and-make routine reports respecting
the infraction of rules and regulations promulgated by the Company.
Where similar facts have been-presented, we have rejected argu-
ments concerning guards, identical to those advanced by the Company
in this proceeding.3
1 The Field Examiner reported that the Union submitted three authoiizathon cards dated
February 1944, all of which bore apparently ' genuine original signatures . There are three
employees in the unit found appropriate
2As the result of a consent election - held under the auspices of the Board on May 9,
1944, the Union is the representative of the production and maintenance employees at the
Dallas plant.
3 See Matter of Chrysler, Corporation , 'gighland Park Plant, 44 N. L . R. B. 881.
WYATT METAL & BOILER WORKS ' 715 '-
We- find, consequently, that all guards employed by the Company
at its Dallas plant, 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, con-
stitute, a unit appropriate for the purposes of collective bargaining
within the meai}ilig 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-Toll
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,toahe.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 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 Wyatt Metal &
Boiler Works, Dallas, Texas, an election by,secret ballot shall be con-
ducted 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,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 discliarged 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 United Steelworkers of
America (CIO), for the purposes of collective bargaining.