Dome Tractor Co.

National Labor Relations Board - Board Decisions

Oct 28, 1948

80 N.L.R.B. 24 (N.L.R.B. 1948)

In the Matter of DonIE TRACTOR COMPANY, EMPLOYER and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS , OPERATING ENGINEERS LO-
CAL UNION No. 3, AFL, PETITIONER
Case No. 20-RC-57.-Decided October 28, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in the case, the Board finds :
1. The Employer sells and services farm implements in Sacramento,
California. During 1947, the Employer's purchases amounted to
about $223,000, of which less than 2 percent was shipped directly to
the Employer from outside the State of California. The remainder
was purchased from two distributors in California and shipped to the
Employer from points within the State. During the same period, the
Employer's sales amounted to $323,000. All sales were made to cus-
tomers within the State. Contrary to the contention of the Employer,
we find that the Employer is engaged in commerce within the meaning
of the Act.,'
2. The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent a unit of five employees engaged
in mechanical work. The Petitioner would include, and the Employer
.Chairman Herzog and Members Reynolds and Gray.
13-latter of Herboth Tractor Co., 79 N. L. R. B. 431; Matter of Ltiddon-White Truck
Company, Inc., 76 N. L. R. B. 1181.
80 N. L. R. B., No. 8.
24
DOME TRACTOR COMPANY 25
would exclude, an employee designated by the Employer as foreman,
and an employee designated as utility man.
There are four mechanics in the Employer's shop, including the al-
leged foreman. The owner-manager of the Employer actively super-
vises all the operations of the Employer, including the work of the
mechanics. The alleged foreman is listed on the Employer's pay
roll as a mechanic. He spends approximately 75 percent of his time
doing mechanical work, and the remaining 25 percent directing the
work of the other mechanics. This direction of work consists, in the
main, of relaying orders from the owner-manager to the mechanics.
We find that the alleged foreman is not a supervisor within the mean-
ing of the Act. Accordingly, we shall include him in the unit.
The utility man spends approximately 50 percent of his time helping
the mechanics assemble farm implements. The rest of the time he
does odd jobs and janitorial work in the plant. We shall include him
in the unit.
Upon the basis of the record in this case, we find that the following
employees of the Employer constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act:
All mechanics employed by the Employer, including the utility
man, but excluding salesmen, clerical employees, and supervisors as
defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Twentieth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, as amended, among the employees in the
unit found appropriate in paragraph numbered 4, 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, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether or not they
desire to be represented, for purposes of collective bargaining, by
International Union of Operating Engineers, Operating Engineers
Local No. 3, AFL.