Eunice Iron Works, Inc.

National Labor Relations Board - Board Decisions

Nov 10, 1948

80 N.L.R.B. 259 (N.L.R.B. 1948)

In the Matter of EUNICE IRON WORKS, INC., EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 15-RC-89.-Decided November 10,1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. At the hearing, the
Employer moved to dismiss the petition upon the ground that the
Board does not have jurisdiction of the Employer's business. For
reasons hereinafter discussed, the motion is denied. 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 National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Eunice Iron Works, Inc., a Louisiana corporation, is engaged in
the business of repairing machinery and drilling water wells in and
around Eunice, Louisiana. Among the customers to whom the Em-
ployer renders these services are oil producing companies, farmers,
and municipalities. The water wells which the Employer drills for
the oil companies furnish the steam which is used as a source of energy
in drilling oil wells. During the 6-month period preceding May
1948, the Employer purchased approximately $31,500 worth of sup-
plies and materials, of which 25 percent was obtained from sources
outside the State of Louisiana. During the same period, the services
which the Employer rendered to its customers amounted to approxi-
* Houston , Reynolds, and Murdock.
SO N. L R. R., No. 51.
817319-49-vol. 80-18 259
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mately $60,000, of which 35 percent represented work performed for
oil producing companies who are engaged in interstate commerce.
We find, contrary to its contention, that the Employer is engaged
in commerce within the meaning of the National Labor Relations Act 1
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization, claiming to represent em-
ployees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refused to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties,
that all the Employer's production and maintenance employees en-
gaged in erecting, maintaining, installing, and repairing and/or
dismantling machinery, excluding guards, watchmen, professional em-
ployees, clerical employees, and supervisors as defined in the Act, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Eunice Iron Works, Inc.,
Eunice, Louisiana, an election by secret ballot shall be conducted as
early as possible, but not later than 30 days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for
the Fifteenth 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
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, but excluding those employees
1 Matter of Binns Passaic Iron and Brass Foundry, 77 N. L. R. B. 380. Matter of Wichita
Falls Foundry and Machine Co., 69 N . L. It. B. 458.
EUNICE IRON WORKS, INC. 261
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 ex-
cluding employees on strike who are not entitled to reinstatement,
to determine whether or not they desire to be represented, for pur-
poses of collective bargaining, by International Association of
Machinists.