General Electric Co.Download PDFNational Labor Relations Board - Board DecisionsOct 24, 195196 N.L.R.B. 1058 (N.L.R.B. 1951) Copy Citation 1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD accessory expediters,-accountants, and billing and bookkeeping ma- chine operators, but excluding executives, officers, traveling and con- fidential auditors, lawyers, engineers, maintenance employees, pub- licists, translators, secretaries to president and vice presidents, secre- taries to lawyers, assistant purchasing agent, employees in personnel department, confidential sales statistician, confidential employees in treasury department, and all watchmen, guards, professional em- ployees, and supervisors as defined in the Act, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Order IT IS HEREBY ORDERED that the request of District 65 to withdraw its petition for investigation and certification of representatives in Case No. 2-RC-3545 be, and it hereby is, granted, and that the said case be, and it hereby is, closed. [Text of Direction of Elections omitted from publication in this volume.] CHAIRMAN HERZOG and MEMBER MURDOCK took no part in the con- sideration of the above Decision, Order, and Direction of Elections. GENERAL ELECTRIC COMPANY and HANFORD ATOMIC METAL TRADES COUNCIL, AFL, PETITIONER . Case No. 19-UA-2297. October 24, 1951 Order Closing Case On October 22, 1951, an amendment to the Labor-Managenment Rela- tions Act of 1947 was approved (Public Law 189-82d Congress) which renders the issues involved in the above-entitled proceeding moot. Therefore, IT IS ORDERED that the said proceeding be, and it hereby is, closed. MEMBERS HOUSTON and MURDOCK took no part in the consideration of the above Order Closing Case. 96 NLRB No. 172. BA.ALT ROCK COMPANY, INC. and INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 6, PETITIONER. Case No. 20- RC-1458. October 25, 1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Nathan R. Berke, hear- 96 NLRB No. 165. BASALT ROCK COMPANY, INC. 1059 ing 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. No 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, for the following reasons: The Petitioner seeks to represent a unit of all production and main- tenance employees at the Employer's French Camp, California, plant. The Employer and the Intervenor, International Hod Carriers, Build- ing and Common Laborers Union of America, Local No. 73, AFL, contend that the unit is inappropriate because it does not include em,- plovees of the Employer's Napa, California, plant. The Employer is engaged in the production of building materials. Its French Camp and Napa plants, which constitute its basalite'divi- sion, are its only producers of concrete blocks, shingles, and slabs.2 The two plants are about 60 miles apart. They are supervised by a general superintendent who is in charge of the basalite division. Under him are the superintendents in charge of each of the plants. Production processes, job classifications,3 wage rates, and working conditions are the same for both plants. A repair shop at Napa also services the French Camp plant. The office at Napa prepares the pay- roll for, and keeps the accounts of, the French Camp plant. There is, however, very little interchange of employees between the two plants; and the hiring for each is done locally. Since 1947 the Employer has bargained jointly for both plants with a committee consisting of a representative of the Northern California District Council of the Hod Carriers, Building and Common Laborers Union of America and representatives of Locals Nos. 73 and 371. ' The Employer in 1951 shipped pipe valued in excess of $4,000,000 to points outside the State . Stanislaas Implement and Hardware Co. Ltd , 91 NLRB 618 2 The shingles and slabs are produced only at the Napa plant . The concrete blocks, which are the principal product of the basalite division , are made at both plants. 3 At the Napa plants there are two job classifications not found at French Camp, namely, "shingle machine tender " and "rod straightening and threading " workers. The former is similar to "block machine tender" at French Camp The latter is an experi- mental operation of small importance at the present time 1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD These negotiations have resulted in practically identical, although separate, written agreements' In view of the functional and administrative integration of the French Camp and Napa plants, and the bargaining history which has been to all intents and purposes on a two-plant basis, we find that a unit limited to employees of only one of these plants is not appro- priate.' Accordingly, we shall dismiss the petition. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 4 The contracts currently in effect were signed on June 19, 1951 , to be effective from July 16 , 1951, to July 16, 1952 . However, as they contain an unlawful union-security clause , we find that they are not a bar. Sa-Mor Quality Brass, Inc ., 93 NLRB 1225. 5 Beaumont City Lines, Inc., 90 NLRB 1800. MATHIESON CHEMICAL CORPORATION and LOCAL NO. 130, BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, AFL, PETITIONER I MATHIESON CHEMICAL CORPORATION and LOCAL No. 213, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, PETITIONER. Cases Nos. 39-RC-332 and 39-RC-i51. October 25, 1951 Decision , Direction of Election, and Order Upon separate petitions duly filed under Section 9 (c) of the Nat- ional Labor Relations Act, a consolidated hearing was held before John F. Burst, 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 Act, the Board has delegated its powers in connection with these cases to a three-mem- ber panel [Chairman Herzog and Members Houston and Murdock]. Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the 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. Local No. 130, Brotherhood of Painters, Decorators and Paper- IOil Workers International Union, CIO, intervened at the beginning of the hearing but withdrew shortly thereafter. 96 NLRB No. 166. Copy with citationCopy as parenthetical citation