Dickson Weather-Proof Nail Co.

National Labor Relations Board - Board Decisions

Apr 27, 1945

61 N.L.R.B. 772 (N.L.R.B. 1945)

In the Matter of DICKSON WEATHER-PROOF NAIL Co. and UNITED
STEELWORKERS of AMERICA, LOCAL 3455, C. I. O.
Case No. 16-R-1201.Decided Annvil 27, 1945
Mr. Tom M. Davis, of Houston, Tex., and Messrs. J. M. Horton and
George A. Davis, of Galveston, Tex., for the Company.
Mr. Ted Weiss, of Houston, Tex., and Mr. W. D. Brooks, of Gal-
veston, Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF' THE CASE
Upon petition duly filed by United Steelworkers of America, Local
3455, C. I. 0., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Dickson Weather-Proof Nail Co., Galveston, Texas, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Earl Saunders, Trial
Examiner. Said hearing was held at Galveston, Texas, on 'April 3,
1945. The Company and the Union appeared, participated, and 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 prejudicial error
and are hereby affirmed. All parties were afforded 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 TILE COMPANY
Dickson Weather-Proof Nail Co. is a Delaware corporation operat-
ing a plant at Galveston, Texas, where it is engaged in the manufacture
of nails and wire products. From January 15, 1945, to the date of
this hearing, the Company purchased about $50,000 worth of raw
61 N. L. R. B., No. 124.
772
DICKSON WEATHER-PROOF NAIL CO. 773
materials for its Galveston plant, approximately 40 percent of which
was shipped to it from points outside the State of Texas. During the
same period the Company sold products from its Galveston plant
valued at about $80,000, approximately 30 percent of which was
shipped to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. TFIE ORGANIZATION INVOLVED
United Steelworkers of America, Local 3455, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of the employees at the Galveston plant
until such time as the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.'
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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees at the Galveston plant of the
Company, excluding full-time watchmen, office and clerical employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The parties request that the pay roll immediately preceding the date
of the election be used to determine eligibility to vote. Since no per-
suasive reason appears for departing from our usual practice , we shall
'The Tiial Examiner reported that the Union presented 31 application cards There are
about 40 employees in the appropriate unit.
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
direct that those eligible to vote shall be the employees in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
Although the Union requests that it appear on the ballots as
"C. I. 0.", we are of the opinion that such designation is ambiguous.
Accordingly, we shall place that organization on the ballot as indicated
in the Direction.2
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 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 Dickson Weather-
Proof Nail Co., Galveston, 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 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 discharged 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, Local 3455, C. I. 0., for the purposes of collective
bargaining.
2 See Matter of Curtiss - Wright Corporation , Airplane Division , 57 N L R B. 1125;
Matter of Duke Manufacturing Company, 53 N. L R B. 1239