Emsco Derrick & Equipment Co.

National Labor Relations Board - Board Decisions

Jul 31, 1943

51 N.L.R.B. 959 (N.L.R.B. 1943)

In the Matter of D & B DIVISION OF EMSCO DERRICK & EQUIPMENT
COMPANY and DISTRICT #50, UNITED MINE WORKERS OF AMERICA
Case No. R-5596.-Decided July 31,1943
Mr. B. M. Caldwell, of Dallas, Tex., for the Company.
Mr. W. H. Burnett, of Dallas, Tex., for District 50.
Mr. David V. Easton, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
C,
Upon amended petition duly filed by District #50, United Mine
Workers of America, herein called District 50, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of D & B Division of Emsco, Derrick & Equipment Company,
Dallas, Texas, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before C.
Woodrow Greene, Trial Examiner. Said hearing was held at Dallas,
Texas, on June 28, 1943. The Company and District 50 appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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. Subsequent
to the hearing, United Steelworkers of America, District 37, herein
called the Steelworkers, made a motion to intervene for the purpose of
obtaining a place upon the ballot. For reasons hereinafter indicated,
this motion is granted.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Emsco Derrick & Equipment Company, a California corporation
with its executive offices and, principal place of business at Los An-
51 N L. R. B., No. 149.
959
960 DE-CISIO'NS OF NATIONAL LABOR REIiATIONS BOATED
geles, California, is licensed to do business in the State of Texas. The
Company operates plants at Los Angeles, California, and at Dallas and
Houston, Texas. We are concerned herein with the Dallas plant of
the Company, which is known as the D & B Division Emsco Derrick
& Equipment Company. The Company is ordinarily engaged in the
manufacture and sale of oil well pumps, pump settings, rods, and re-
lated products utilized in oil field operations. At the present time
approximately 70 percent of the Company's business operations is de-
voted to the processing and manufacture of war materials under prime
contracts or subcontracts for the United States Army, Navy, and
Maritime Commission. The Company in the conduct of its ordinary
business at the Dallas plant causes approximately 8 percent of its raw
materials valued at approximately $198,000, to be purchased and
transported to and from points outside the State of Texas, and causes
approximately 3 percent of the products handled and sold by it valued
at approximately $212,000, to be transported and distributed from the
Texas plant to and through points outside the State of Texas. We
find that the Company is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District #50, United Mine Workers of America is a labor organiza-
tion admitting to membership employees of the Company.
United Steelworkers of America, District 37, is a labor organiza-
tion affiliated with the ' Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 10, 1943, District 50 requested recognition as the
exclusive bargaining representative of the Company's employees.
The Company refuses to grant such recognition unless and until Dis-
trict 50 has been certified by the Board.
A statement of the Field Examiner introduced into evidence at the
hearing, and a report of the Regional Director indicates that District
50 and the Steelworkers each represents a substantial number of em-
ployees in the unit hereinafter found 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 2 (6) and (7) of the Act.-
I The Field Examiner reported that District 50 submitted 62 application cards bearing
apparently genuine, original signatures , of, which 46 contained the names of persons
appearing on the Company's pay roll as -of May , 15, 1943. This pay roll contained the
names of approximately 90 persons in the appropriate unit. The Regional Director reported
that the Steelworkers submitted 52 designation cards in support of its claim.
D & B DIVISION OF EMSCO DERRICK & EQUIPMENT COMPANY 961
IV. THE APPROPRIATE UNIT
District 50, by its amended petition, seeks to represent all pro-
duction and maintenance employees of the Company, exclusive of
supervisory, clerical, and office employees, watchmen, janitors, inspect-
ors, and all government employees. The Company agrees as to the
appropriateness of the unit except with regard to watchmen, janitors,
inspectors,` and government employees; as to these classifications, it
takes no position. The Steelworkers does not contest the appropriate-
ness of the unit hereinafter found by the Board.
Janitors. These employees perform the usual duties pertaining to
this classification, performing cleaning and janitorial work. They
are hourly paid, as are the production and maintenance workers. We
are of the opinion that their interests and working conditions are akin
to those of the production and maintenance employees. We shall,
therefore,' include them within the unit hereinafter found appro-
priate.'
Watchmen. The duties of these employees are those normally per-
formed by'guards and watchmen, and the Company has received noti-
fication that :these employees will soon be inducted into the Auxiliary
Military Police and armed. They receive a monthly salary, as opposed
to the~ hourly wages of production and maintenance workers. In ac-
cordance with our usual practice, we shall exclude such employees.3
Inspectors. There are between 8 and 12 employees in this classifi-
cation who are engaged in-processing and final inspection of'the prod-
ucts of the Company. They are under the supervision of the shop
superintendent, as are other production and maintenance employees,
and are hourly paid. There is no indication in the record that these
employees perform any supervisory functions other than the rejection
of work, and in accordance with' our usual practice, we shall include
them within the unit hereinafter found appropriate
Government Employees. There are_ eight inspectors who are em-
ploye,es,of.the, United States Government rather than the Company.
Under- these circumstances, we shall exclude them.
The Company employs two factory clerks, whose work consists
principally of timekeeping, production routing, and other related
activities which are primarily clerical in nature. They are paid a
monthly salary and are under the supervision of the production con-
trol supervisor, whereas production and maintenance employees are,
for the most part, under the supervision of the, shop superintendent.
splatter of Armstrong -Blum Manufacturing Company, 44 N. L. R. B. 566; Matter of
Hoosier Panel Company, 45 N. L. R B. 478.
8 Matter of American Armament Corporation, 43 N. L . R. B. 834
1 Matter of Wright Aeronautical Corporation, 45 N. L R. B. 1104.
962 DECISIONS OF NATIONAL LABOR RELATIONS BOA'RD
We shall exclude these employees from the unit hereinafter found
appropriate.'
In view of the foregoing, we find that all production and mainte-
nance employees of the Company at its D & B Division, including
janitors and inspectors, but excluding watchmen, government em-
ployees, factory clerks, clerical and office employees, and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees or effec-
tively recommend such action, 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 find that the question concerning representation which has aris-
en can best be resolved by an election by secret ballot. District 50
desires that eligibility to vote be determined as of June 28, 1943, the
date of the hearing herein. In the absence of any persuasive reason
for departing from our customary practice, we shall direct that -the
employees of the Company eligible to vote in the election shall be those
in the appropriate 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-
As hereinabove stated, the Steelworkers submitted evidence of sub-
stantial interest among the employees of the Company in the appro-
priate unit. We shall therefore accord it a place upon the ballot.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with D & B Divi-
sion of Emsco Derrick & Equipment Company,' Dallas, Texas, an elec-
tion 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 Rela-
tions 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
6 Matter of Jaeger Watch Company, Inc., 45 N. L. R. B. 616.
D & B DIVISION OF EMSCO DERRICK & EQUIPMENT COMPANY 963
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 those employees who have since quit or
been discharged for cause, to determine whether they desire to be repre-
sented by District #50, United Mine Workers of America, or by
United Steelworkers of America, District 37, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN MiiLis took no part in the consideration of the above
Decision and Direction of Election.
540612-44-vol. 51-62