58 N.L.R.B. 293 (N.L.R.B. 1944)

Dahlstrom Co.

National Labor Relations Board - Board DecisionsSep 15, 1944

58 N.L.R.B. 293 (N.L.R.B. 1944)

In the Matter-,.,of F. L. DAHLSTROM , GEORGE R. BROWN , HERMAN BROWN, W. A. WOOLSEY, J. M. DELLINGER, L. T. BOLIN, AND ROBERT THOMAS , CO-PARTNERS , DOING BUSINESS AS DAHLSTROM COMPANY and DISTRICT 94, INTERNATIONAL ASSOCIATION OF MACHINISTS (AFL) In the Matter of F. L. DAHLSTROM , ET AL. and INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCAL No. 12 (AFL) In the Matter of F. L. DAHLSTROM, ET AL. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN & HELPERS, LOCAL 598 AND 208 (AFL) In the Matter of F. L. DAHLSTROM, ET AL. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. B-11 (AFL) Cases Nos. 01-R-2325, 21-R-d333, 921-R- 335 and 91-R-2369 re- spectively-Decided September 15,194 Haight, Trippet & Syvertson, by 111r. Oscar A. Trip pet, of Los Angeles, Calif., for the Company. Messrs. E. R. White and Stanley Stearns, of Los Angeles, Calif., for the IAM. Mr. Lester 0. Wilson, of Los Angeles, Calif., for the Engineers. Mr. John Stevenson, of Los Angeles, Calif., for the T eamsters. Mr. Al Slater, of Los Angeles, Calif., for the Electricians. Mr. J. B. Tietz,_of Los Angeles, Calif., for the Welders. Mr. Joseph C. Wells, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon separate petitions duly filed by District 94, International Association of Machinists (AFL), herein called the IAM, Inter- national Union of Operating Engineers, Local No. 12 (AFL), herein called the Engineers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local 598 and 208 (AFL), herein called the Teamsters, and International Brotherhood of Elec- 58 N. L. R. B., No. 59. 293 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD trical Workers, Local Union No. B-11 (AFL), herein called the Electricians, alleging that questions affecting commerce had arisen concerning the representation of employees of F. L. Dahlstrom, George R. Brown, Herman Brown, W. A. Woolsey, J. M. Dellinger,, L. T. Bolin, and Robert Thomas, co-partners, doing business as Dahl- strom Company, Vernon, California, herein called- the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before George H. O'Brien, Trial Examiner. Said hearing was held at Los Angeles, California, on July 28,-1944. The Company, the IAM, the Engineers, the Team- sters, the Electricians, and Local 37, United Brotherhood of Welders, Cutters and Helpers of America, herein called the Welders, appeared and participated. At the hearing the Company moved for dismissal of each of the petitions, contending that it is not engaged in interstate commerce and that therefore the Board is without jurisdiction in this- proceeding. For the reasons hereinafter appearing, the Company's motions are hereby denied. All parties were afforded full oppor- tunity 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-prejudicial, 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 F. L. Dahlstrom, George R. Brown, Herman Brown, W. A. Woolsey, J. M. Dellinger, L. T. Bolin, and Robert Thomas, co-partners, doing business as the Dahlstrom Company, are engaged in the management and operation of a construction equipment repair depot, shop, and storage facilities at Vernon, California, for the purposes of receiving, repairing, rebuilding, reconditioning, overhtiulilig, salvaging, and redistributing construction equipment owned' by, the United States Navy. The Company operates under a, contract with the United States Navy which provides that all work shall be performed under the gen- eral supervision of a naval officer; and that the plant, tools, equip- ment, repair parts, and supplies used by the Company shall at all times be the property of the United States Navy. During the past year the Company used repair parts valued at approximately $350,000. About 30 percent of the equipment repaired by the Company was shipped to the Vernon plant from outside the State of California, and about 30 percent of the equipment repaired at the plant was shipped to points outside the State. DAHLSTROM COMPANY 295 We find, contrary to the Company's contention, that it is engaged in commerce within the meaning of the National Labor Relations Act.' II. THE ORGANIZATIONS INVOLVED District 94, International Association of Machinists, Interna- tional Union of Operating Engineers, Local No. 12; International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Lo- cal 598 and 208; and International Brotherhood of Electrical Work- ers, Local Union No. B-11, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. Local 37, United Brotherhood of Welders, Cutters and Helpers of America is a labor organization admitting to membership employees of the Company. - III. THE QUESTIONS CONCERNING REPRESENTATION The IAM, the Engineers, the Teamsters, the Electricians, and the Welders has each requested recognition from the Company as the exclusive bargaining representative of the employees within the unit which it alleges to be appropriate, and the Company has re- fused to accord such recognition. A statement of the Field Examiner, introduced into evidence at the hearing, indicates that the petitioning unions and the Welders each represents a substantial number of employees in the unit claimed by it to be appropriate .2 We find that questions affecting commerce have 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. Matter of Parka Air College , Inc., 55 N . L. R B. 192. z The following table summarizes the statements prepared by the Field Examiner referred to above. Name of Union Number of employees in unit alleged appropriate by Union Number of employees in alleged unit who are represented by Union IAM------------------------------------------------------------- 126 41 Engineers ------------------------------------------------------- 142 77 Teamsters ------------------------------------------------------- 87 52 Electricians ------------------------------------------------------- 4 3 Welders ----------------------------------------------------------- 19 12 The evidence of representation consists of signed authorization cards bearing the names of persons whose names appear on the Company 's pay roll for the period ending April 4 , 1944 . All of the cards submitted by the Unions bore various dates in 1944 , except as follows: The IAM submitted eight undated cards, the Engineers , five undated cards , and the Teamsters submitted two undated cards. 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNITS ; THE DETERMINATION OF REPRESENTATIVES The Electricians seeks a unit comprised of all electrical mainte- nance and repair employees, and all electrical maintenance construc- tion employees. The Teamsters, desires to represent a bargaining unit comprised of all truck drivers, truck greasers, tire repairmen, steam cleaners for trucks, warehousemen and warehouse clerks, finger lift operators, hook tenders, janitors, messengers, and general laborers. The IAM claims that all tool makers, machinists, mechanics, weld- ers, and helpers and apprentices in those categories constitute an ap- propriate bargaining unit. The Engineers alleges that the remaining production and mainte- nance employees, together with mechanics, welders, and the helpers and apprentices in those categories, excluding truck mechanics and helpers, office equipment mechanics and helpers, guards, office cleri- cal employees, technical employees, administrative employees, and supervisory employees; constitute an appropriate bargaining unit. The Welders alleges that all welders, cutters, and helpers, exclud- ing supervisory employees constitute an appropriate bargaining unit. The Company stated that it would prefer that all production and maintenance employees be included in the same bargaining unit. As to the welders, whom the IAM, the Engineers, and the Welders each seeks to represent in the unit it alleges to be appropriate, the Company employs approximately 19 persons in this category. It ap- pears that the welders work only at -welding and perform ;substan- tially all of the welding operations at the plant. They usually work in a section of the plant reserved for welding operations, and are separately supervised. Under these circumstances, and since they are engaged solely- in specialized operations which, because of their skill and training, they alone are competent to perform, we are of the opinion that these employees may appropriately form a separate unit if they so desire .3 On the other hand, particularly in the absence of any history of collective bargaining among these employees, it is evident that they might appropriately form a part of the broader residual unit proposed by the Engineers, or, since their function are inter-related with those of the machinists in the unit proposed by the IAM, they may properly be bargained for as a part of that unit. Ac- cordingly, our determination of the unit issue with respect to the welders will depend in part on the desires of the employees them- selves, to be expressed in the election hereinafter directed. 8 Matter of Electra Metallurgical Co , 56 N. L. R. B, 1464 ; Matter of Buffalo Tank Corp ., 56 N. L. R. B. 829. DAHLSTROM COMPANY 297 With respect to approximately 93 mechanics and mechanic helpers employed by the Company, whom both the JAM and the Engineers would include in the unit each alleges to be appropriate, it appears that they are skilled craftsmen who may properly be bargained for in a unit such as the craft unit proposed by the IAM, or, as in the case of the welders, in view of the lack of any history of collective bargaining among the mechanics and their helpers, they may appro- priately be bargained for as a part of the residual unit of production and maintenance employees alleged by the Engineers to be. appro- priate. We therefore shall base our determination of the unit issue with respect to this group, at least in part, upon the desires of the employees involved as expressed in the election hereinafter directed.' Although the Company's operations is an integrated one and under other circumstances all production and maintenance employees at its Vernon plant might constitute a single appropriate bargaining unit, since no labor organization is presently seeking a plant-wide unit herein, we find, in view of the pattern of organization and the func- tional coherence of the separate groups sought by the petitioners and the Welders, that each of the groups of employees of the Company de- scribed below, excluding from each group all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitutes a unit apropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: (1) All electrical maintenance, repair, and electrical construction employees ; (2) All truck drivers, truck greasers, tire repairmen, steam cleaners for trucks, warehousemen and warehouse clerks, finger lift operators, hook tenders, janitors, messengers, and general laborers, As previously indicated, we shall at this time make no final deter- mination with respect to the unit alleged to be appropriate by the IAM, or the Engineers, or the Welders, pending the outcome of elec- tions in each of the voting groups set forth below. There shall be excluded from each of such voting groups, in addition to-others specifi- ically mentioned therein, all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. (1) All tool makers, machinists, truck mechanics, office equipment mechanics, and helpers or apprentices in those classifications to deter- ' Since the Engineers specifically excludes truck mechanics , office equipment mechanics, and helpers in those categories from the unit it alleges to be appropriate , and since it appears that only the IAM seeks to represent them, we shall include these employees in the voting group hereinafter described wherein the TAM is the only participating union. 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mine whether or not they desire to be represented by the TAM for the purposes of collective bargaining; (2) All welders, cutters, and helpers in those classifications to determine whether they desire to be represented by the TAM or by the Engineers, or by the Welders, for the purposes of collective bargaining or by none of, these unions; (3) All mechanics and mechanic helpers, but excluding truck mechanics, truck mechanic helpers, office equipment mechanics, and office equipment mechanic helpers, to determine whether they desire to be represented by the TAM, or by the Engineers for the purposes of collective bargaining, or by neither; (4) All production and maintenance employees, excluding those employees in the appropriate bargaining units and voting groups de- scribed above, guards, office clerical employees, technical employees, and administrative employees, to determine whether or not they desire to be represented by the Engineers' for the purpose of collective bargaining. We shall direct'separate elections among the employees in the several units and groups set forth above, who were employed during the pay- roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DiimwrED, tliat,.as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with F. L. Dahlstrom, George R. Brown, Herman Brown, W. A. Woolsey, J. M. Dellinger, L. T. Bolin, and Robert Thomas, co-partners, doing business as Dahl- strom Company, Vernon, 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, Sections 10 and 11, of said Rules and Regulations, among the employees of the Company's plant in each of the groups described below who were employed during the pay-roll period im- mediately 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 DAHLSTROM COMPANY 299 armed forces of the United States who present themselves in person it the polls, but excluding employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, and further excluding all supervisory employees with.authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recom- mend such action : (1) All electrical maintenance, repair, and electrical construction .employees to determine whether or not they desire to be represented by the International Brotherhood of Electrical Workers, Local Union No. B-11 (AFL), for the purposes of collective bargaining; (2) All truck drivers, truck greasers, tire repairmen, steam clean- ors for trucks, warehousemen and warehouse clerks, finger lift op- erators, hook tenders, janitors, messengers, and general laborers to determine whether or-not they desire to be represented by the Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local 598 and 208 (AFL), for the purposes of collective bargaining; (3) All tool makers, machinists, truck mechanics, office equipment mechanics, and helpers or apprentices in those classifications to deter- mine whether or not they desire to be represented by District 94, International Association of Machinists (AFL), for the purposes of collective bargaining; (4) All welders, cutters, and helpers in those classifications to de- termine whether they desire to be represented by District 94, Inter- national Association of Machinists (AFL), or by International Union of Operating Engineers, Local No. 12 (AFL), or by United Brother- hood of Welders, Cutters and Helpers of America, for the purposes of collective bargaining, or by none of these unions; (5) All mechanics, and mechanic helpers, but excluding office equip- ment, mechanics and office equipment helpers, truck mechanics, and truck chanic helpers, to determine whether they desire to be repre- sented by District 94, International Association of Machinists (AFL), or by International Union of Operating Engineers, Local No. 12 (AFL), for, the purposes of collective bargaining, or by neither; (6) All remaining production and maintenance employees, exclud- ing guards, office clerical employees, technical employees, and admin- istrative employees to determine whether or not they desire to be represented by International Union of Operating Engineers, Local No. 12 (AFL), for the purposes of collective bargaining. CHAIRMAN MiLLis took no part in the consideration of the above Decision and Direction of Elections. [See infra, 58 N. L. R. B. 1660 for Supplemental Decision, Direction' and Certification of Representatives.]