Darbyshire-Harvie Iron & Machine Co.

National Labor Relations Board - Board Decisions

Nov 26, 1942

45 N.L.R.B. 784 (N.L.R.B. 1942)

In the , Matter, ',of DARBYSHIRE -HAIiVIE IRON -& MACHINE ' Co. and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,.
Case No. R-J447.Decided November 26, 1942
LocAi #509
Jurisdiction : iron and steeFproducts manufacturing industry.
Investigation and Certification of Representatiyes : existence of question : re-
,_ fusal to recognize petitioner when proof , of majority it submitted was con-
sidered not sufficient ; election necessary.
Unit ' Appropriate ' for Collective Bargaining : all employees of Company, with,
specified exclusions ; stipulation as to.
Mr. Paul D. Thomas, and Mr. William Flournoy, of El Paso , Tex:,
for the Company. ,
Mr: Orville Larson, of Miami, Ariz.,' for the C. I. O.
Mr. A. F. Cadena, of San Antonio, Tex., for the A. F. of L.
Mr. Wm. ,A. Lazzerini, of Cincinnati, Ohio, for the Molders.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill and
Smelter Workers, Local #509, affiliated with the C. I. 0., herein
called the C. I. 0., alleging that a question affecting commerce had
arisen' concerning the representation of employees of Darbyshire-
Harvie Iron & Machine Co., El Paso, Texas, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Bliss Daffan, Trial Examiner.
Said hearing was held at El Paso, Texas, on October 27 and 30, 1942.
The Company, the C. I. 0., and the American Federation of Labor,,
herein called the A. F. of L.,1 appeared, participated, and were
afforded full opportunity to be heard,,to examine and cross- examine
1International Molders & Foundry Workers Union of North America, affiliated with the-
A. F. of L., was represented at the hearing , but made no contention in opposition to the,
position taken by the A. F of L.
45 N. L. R. B., No. 117.
784
DARBYSHIRE-HARVIE IRON & MACHINE CO. 785
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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The.-Darbyshire-Harvie Iron & .Machine Co., is a ,Texas corpora-
tion having its plant and office at El Paso, Texas, where it is engaged
in the processing, manufacturing, and repairing of iron and steel
products. During the year ending October 1, 1941, the Company
purchased materials and equipment valued at $385,525 from sources
outside the State of Texas. During the' same period the Company
sold products and services valued at $393,000 outside the State of
Texas. The Company concedes that it is engaged; in commerce
within the, meaning of the .National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers, Local
#509, affiliated' with the Congress of Industrial Organizations, and
the American Federation of Labor are labor organizations, admitting
to'membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 25, 1942, the C. I. O. notified the Company that it
represented a majority of the Company's employees and requested
recognition as exclusive bargaining representative. The Company
refused to grant such recognition, claiming that the proof of major-
ity-submitted by the C. I. O. was 'not sufficient.
Each of the labor organizations submitted evidence that it repre-
sents a substantial number of employees in the unit hereinafter found
appropriate.2
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 National Labor
Relations Act.
9 The statement of the Field Examiner shows that the C. I. 0. submitted 93 application.
for-membership cards, all of which bore apparently genuine original signatures . • Forty-
three of these cards bear names of persons on the Company' s pay roll of August 16, 1942,
and were dated as follows : 27 dated July 1942, 14 dated August 1942, and 2 undated. The
A. F. of L. submitted 44 application- for-membership cards, all of which bore apparently
genuine original signatures . Thirty-five of these cards bear names of persons on the Com-
pany's pay roll of August 16, 1942; 1 was dated in August 1942, and 34 were dated' in
September 1942 The appropriate unit includes approximately 100 employees.
493508-43-v3?. 45-50
786 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find; in accordance with the 'agreement,of'the C. I. `O. and the
A. F. of, L., which was not opposed by the Company, that all
employees of the Company, excluding clerical, technical, and super-
visory employees, and watchmen, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning 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
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to, the limitations and additions set forth in the
Direction.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain'representa-
tives for the purpose of collective bargaining with Darbyshire-Harvie
Iron & Machine Co., El Paso, Texas, an election 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 super-
vision 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, Section 10, 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 such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by International Union of Mine, Mill and
Smelter Workers, Local #509, affiliated with the C. I. 0., or by the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither. - I
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