A. J. Bayer Co.

National Labor Relations Board - Board Decisions

Sep 2, 1941

35 N.L.R.B. 103 (N.L.R.B. 1941)

In the Matter of A. J. BAYER COMPANY and STEEL WORKERS ORGANIZ-
ING COMMITTEE , LOCAL. No. 2018, C. I. O.
Case No. R4842.Decided September 2, 1941
Jurisdiction : metal products industry. '
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; elections necessary.
Unit Appropriate for Collective Bargaining : (1) production and maintenance
employees ; (2) employees in the foundry department; elections to determine
whether the above groups shall constitute a single unit or separate units.
Latham & Watkins, by Mr. Richard W. Lund, of Los Angeles, Calif.,
for the Company.
Mr. John Despol, of Los Angeles, Calif., and Mr. Fred J.-Hart, of
South Gate, Calif., for the S. W. O. C.
Mr. Arthur Garrett, of Los Angeles, Calif., for Shopmen's Local 509.
Mr. Robert Black, of Los Angeles, Calif., for the Molders.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On May 9, 1941, Steel Workers Organizing Committee, Local 2018,
herein called the S. W. O. C., filed with the Regional Director for the
Twenty-first Region (Los Angeles, California) a petition alleging that
a question affecting commerce had arisen concerning the representation
of employees of A. J. Bayer Company, Huntington Park, California,
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 July 8, 1941, the National Labor Rela-
tions 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 Regulations-Series 2, as amended, ordered an inves-
tigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On July 11 and July 28, 1941, respectively, the Regional Director
issued a notice of hearing and an amended notice of hearing, copies
35 N. L. It. B., No. 20.
103
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of which were duly served upon the Company, the S. W. O. C., and
upon Shopmen's Local No. 509, International Association of Bridge,
Structural and Ornamental Iron Workers '(AFL), herein called
Shopmen's Local No. 509, and International Molders and Foundry
Workers Union of North America, Local 374 (A. F. of L.), herein
called the Molders, labor organizations claiming to represent em-
ployees directly affected by the investigation. Pursuant to notice,
a hearing was held on July 30, and August 2 and 4, 1941, at Los
Angeles,, California, before Charles M. Ryan, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
Shopmen's Local No. 509 were represented by counsel and the
S. W. O. C. and the Molders by their representatives; all participated
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. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FA0r
1. THE BUSINESS OF THE COMPANY
A. J. Bayer Company is engaged in the production of ornamen-
tal iron, bronze, aluminum, and hollow metal products at Hunting-
ton Park, California. During the 12 months' period ended July 1,
1941, the Company purchased steel valued at approximately $215,000,
more than 50 per cent of which was secured outside the State of
California. During the same period the Company sold finished
products valued at approximately $750,000, of which approximately 6
percent was shipped to destinations outside of the State of California.
H. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Shopmen's Local No. 509, International Association of Bridge,
Structural and Ornamental Iron Workers, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
International Molders and Foundry Workers Union of North
America, Local 374, is a labor organization affiliated with the Ameri-
A. J. BOYER COMPANY 105
can Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In the spring of 1941 the S. W. 0. C. and Shopmen's Local No. 509
each asked the Company to bargain with it as the exclusive repre-
sentative of certain of the Company's employees. The Company
refuses to bargain with any representative of its employees until
certified by the Board.
The Regional Director's report and a statement of the Trial Ex-
aminer made during the hearing show that the S. W. 0. C., Shop-
men's Local No. 509, and the Molders each represents a substantial-
number of employees in the unit claimed by each 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The S. W. 0. C. contends that all production and maintenance
employees, including foundry-department employees,-but excluding
truck drivers, watchmen, clerical and outside employees, foremen,
and superintendents, constitute a unit appropriate for the purposes
of collective bargaining. Shopmen's Local No. 509 agrees that such
a unit is appropriate except for the inclusion of the foundry-depart-
ment employees who, according to Shopmen's Local No. 509, are not
eligible for membership therein. The Molders, claiming jurisdic-
tion over the foundry-department employees, contend that a sepa-
rate unit for these employees is appropriate. The Company ex-
1 The Regional Director reported that in support of its claim for a unit comprising 12
foundry employees , the Molders submitted authorization cards signed by 11 of these em-
ployees whose names appear on the July 25, 1941, pay roll ; that in support of their claims
for a production and maintenance unit the S . W. O. C. and Shopmen 's Local No . 509 sub-
mitted, respectively , 26 and 78 cards , signed by persons whose names appear on the above
pay roll . At the hearing the S. W. O. C. submitted 5 additional cards signed by persons
whose names also appear on the above pay roll. The Company's pay roll for July 25, 1941,
contains the names of approximately 165 production employees
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pressed a preference for a single unit including the foundry
employees.
The Company's pay roll classifies its production employees into
three departments, namely, the pressed steel and fitting department
employing 132 persons, the bronze department employing 22 persons,
and the foundry department employing 12 persons. The record
indicates that uniform personnel practices relating to wages, hours,
and other conditions of employment are applicable to all these
employees. The Company's integrated operations are carried on in
several buildings, one of which houses the foundry department. The
foundry-department employees are skilled workers and are not trans-
ferred to other departments, while other production employees are,
on occasion, transfer red from one department to another. There
has been no history of bargaining covering the employees involved
in this proceeding. We are of the opinion that the foundry-depart-
ment employees could properly constitute either a separate unit or
be included as part of a plant-wide unit and that under these cir-
cumstances the desires of the foundry-department employees should
be the determining 2 factor.
We will accordingly direct elections to be held among the foundry-
department employees to determine whether they desire to be rep-
resented by the S. W. 0. C., by the Molders, or by neither; and among
the other production and maintenance employees to determine
whether they desire to be represented by the S. W. 0. C., by Shopmen's
Local No. 509, or by neither. If the foundry-department employees
select a bargaining representative other than the representative
selected by the employees of the plant-wide unit they will constitute
a separate and distinct appropriate unit. If they choose the same
representative as the employees in the plant-wide unit they will 'be
merged into a single unit with such employees. We shall therefore
make no final determination of the appropriate unit or units, pend-
ing the conduct of the elections.
^ VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning the representation of em-
ployees of the Company can best be resolved by means of elections
by secret ballot. We shall accordingly direct that separate elections
by secret ballot be held among the foundry-department employees
and among the other production and maintenance employees of the
Company whose names appear on the' Company's pay roll for the
period immediately preceding the date of this Direction, subject to
such limitations and additions as are set forth in the Direction.
2 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. d,
at al., 3 N. L. R. B. 294, and subsequent cases.
A. J. BOYER COMPANY 107
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of A. J. Bayer Company, Huntington Park,
California, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act. -
DIRECTION OF ELECTIONS
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 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 A. J. Bayer Company, Huntington Park, California, elections
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, Section 9, of said Rules
and Regulations, among the following groups of employees, employed
by the Company during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, but excluding employees who have since quit or been
discharged for cause :
(1) The foundry-department employees, to determine whether they
desire to be represented by Steel Workers Organizing Committee
affiliated with the Congress of Industrial Organizations, or by Inter-
national Molders and Foundry Workers Union of North America,
Local 374, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither;
(2) All production and maintenance employees, excluding foundry-
department employees, truck drivers, clerical and outside employees,
watchman, foremen, and superintendents, to determine whether they
desire to be represented by Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, or by Shop-
men's Local Union No. 509, International Association of Bridge,
Structural and Ornamental Iron Workers, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining, or
by neither.