Drayer-Hanson Inc.

National Labor Relations Board - Board Decisions

Sep 27, 1949

86 N.L.R.B. 111 (N.L.R.B. 1949)

In the Matter of DRAYER-HANSON INCORPORATED , EMPLOYER and METAL
TRADES COUNCIL OF SOUTHERN CALIFORNIA, FOR ITS AFFILIATED INTER-
NATIONAL AND LOCAL UNIONS, A. F. OF L., PETITIONER
Case No. 01-RC-871.-Decided September 27, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before George H.
O'Brien, hearing officer. 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-member panel [Chairman Herzog and Members
Houston and Gray].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.'
2. The labor organizations involved claim to represent certain 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 following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act: All production and maintenance em-
ployees at the Employer's Los Angeles, California, plant, excluding
In other Board proceedings the name of the Employer appears as Drayer -Hanson, Inc.
z We find no merit in the contention of United Steel Workers of America and Local Union
1981, the Intervenors herein, that a contract between the Employer and the Intervenors,
dated July 22, 1946, and effective until July 1 , 1947, and thereafter subject to termination
on 30 days' written notice by either party, constitutes a bar to a determination of repre-
sentatives at this time. Matter of Rankin Equipment Co., 79 N. L. R. B . 1439. Further-
more, the contract contains maintenance of membership provision , although the Inter-
venors have not been certified as authorized to make such provisions under the terms of
Section 9 ( e) of the Act . Matter of C. Hager & Sons Hinge Manufacturing Company, 80
N. L. R. B. 163.
86 N. L . R. B., No. 24,
111
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
all employees of the shipping, receiving, and warehouse departments,-'
all refrigeration journeymen, fabricators, welders, and apprentices '4
all office and clerical employees, professional employees, guards, and
supervisors.
5. The Employer maintains a recall list for employees temporarily
laid off. To retain his plant seniority an employee laid off must notify
the Employer each 90 days that he is available for employment. He
must also return to work within 5 working days after the Employer
notifies him by registered mail that work is available for him.
The parties agree that the employees listed on the recall list shoul'1
be eligible to vote, and we shall so provide.5
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 Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, 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 of Election, including employees who are listed on
the recall list, and 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 en-
titled to reinstatement, to determine whether they desire to be repre-
sented, for purposes of collective bargaining, by Metal Trades Council
of Southern California, for its affiliated International and Local
Unions, A. F. of L., or by United Steel Workers of America, Local
Union 1981, or by neither.
a International Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of
America, A . F. of L ., represents these employees and on June 25, 1948, won a consent
election among them in accordance with Section 9 (e) of the Act.
* United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting
Industry of the United States and Canada , Local Union 250, was certified by the Board on
June 15, 1949, as exclusive representative of these employees.
6 Matter of Ozark Dam Constructors, 77 N. L. R. B. 1136; Matter of Glenn L. Martin,
74 N. L. R. B . 546 ; Matter of Servel , Inc., 65 N. L. R. B. 1067.