Hughes Tool Co.

National Labor Relations Board - Board Decisions

Nov 27, 1942

45 N.L.R.B. 821 (N.L.R.B. 1942)

In the Matter of HUGHES TOOL COMPANY and UNITED STEELWORKERS OF
"AmERICAi LOCAL'UNIONS Nos . 1749, AND 2457, C. I. O.
Case No. R-J442.-Decided November 27, 1942
Jurisdiction : tools and airplane parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; immediate elec-
tion directed notwithstanding request of Company for its postponement because
of contemplated increase of personnel.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees of Company's two plants, with specified inclusions and exclusions.
'Mr. W. M. Streetman, of Houston, Tex., for the Company.
Mandell d; Wright, by Mr. Arthur J. Mandell and Mr. Frank A.,
Hardesty, of Houston, Tex.; for the Steelworkers.
Mr. A. G. McNeese, Jr., and Mr. J. D. Pruett, of Houston, Tex., for
the Independent.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Local
Unions Nos. 1742 and 2457, affiliated with the Congress of Industrial
Organizations, herein called the Steelworkers, alleging that a question
affecting, commerce had-arisen-concerning the employees of Hughes
Tool Company, Houston, Texas, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Elmer P. Davis, Trial Examiner. Said hear-
ing was held at Houston, Texas, on October 23 and 24, 1942. The
Company, the Steelworkers, and Independent Metal Workers Union,
Locals 1 and 2, herein called the Independent, appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
45 N. L. R. B., No. 124.
821
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On November 2, both the Steelworkers and the Independent filed
briefs, which the Board has considered. The Independent, in its brief,
moved to dismiss the petition on the grounds (1) that a contract be-
tween the Company and the Independent is a bar to an election; (2)
that there has been no substantial change in union membership among
the Company's employees since the Board election held in August
1941; 1 and (3) because of the current increase in the Company's per-
sonnel, an election at the present time might,not reflect,the sentimdnt
of the employees a few months from now. For the reasons appearing
herein, the motion is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hughes Tool Company, a Delaware corporation with its principal
office and place of business in Houston, Texas, is engaged in the
manufacture, sale, and distribution of. oil •well•Arilling tools, and in
the manufacture of airplane parts for-the United States Government.
For these purposes it operates two plants, the Hughes Tool Company
main plant in Houston, and the nearby Aircraft Strut Division plant.
The employees of both plants are involved herein. The principal raw
material used is steel, and, during 1941, the Company purchased raw
material valued in excess of $1,000,000, at least 90 percent of which
was purchased outside the State of Texas. During the first 6 months
of 1942, the Company purchased over $500,000 worth of steel which
was delivered to its plants from points outside the State of Texas, and
sold and delivered products valued in excess of $700,000, to purchas-
ers outside the State of Texas. The Company admits, and we find, that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, Local Unions Nos. 1742 and 2457,
affiliated with the Congress of Industrial Organizations, and Inde-
pendent Metal Workers Union, Locals 1 and 2, are labor organizations,
each admitting to membership employees of the company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 15, 1942, the Steelworkers requested recognition as
the bargaining agent for the Company's employees. The Company
'Matter of Hughes Tool Company and Independent Metal Workers Union Locals Nog 1
and 2, 36 N. L. R. B. 904.
HUGHES TOOL COMPANY 823
refused because of a contract which it has with the Independent, and
suggested that the Steelworkers refer the matter to the Board.
The Independent contends that its bargaining contract with the
Company is a bar to the present proceeding. The contract which was
entered into, following certification of the Independent as a result of
the 1941 Board election,2 expires January 12, 1943. As it is less than
2 months until the expiration date, we find that the contract is not a bar
to an election at this time.
At the hearing, evidence submitted to the Trial-Examiner indicates
that the Steelworkers and the Independent each represents a substan-
tial number of employees in the unit hereinafter found to be
appropriate.3
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.
Iv. THE APPROPRIATE UNIT
The parties agree that the appropriate unit is substantially the same
as that found by the Board in the previous case 4 involving the Com-
pany's employees at the main plant, and should include employees
at both the main plant and the Aircraft Strut Division plant who fall
within the categories set out by the Board in the previous case. The
parties also agree to include three classes of employees who have been
employed since the establishment of the prior unit. These are cafeteria
employees, janitresses and matrons,'and employees in a new secret
'See footnote 1. In the 1941 election , the Independent received 1,601 votes , and the
Steel Workers Organizing Committee , predecessor of the Steelworkers , received 950 votes.
These figures in comparison with the present representation percentages appearing in foot-
note 3 indicate that union membership among the Company 's employees has changed con-
siderably . Moreover, there has been a considerable increase in the number of employees
since that time.
The Steelworkers submitted authorization cards of approximately 56 percent of the
employees in the appropriate unit as shown by the Company's pay roll of October 18, 1942;
all the cards bore apparently genuine original signatures ; and the majority of the cards
1942. The Independent submitted authorization cards of approximately 521/2 percent of the
employees in the appropriate unit as shown by the Company 's pay roll of October 18, 1942;
all the cards bore apparently genuine original signatures ; and the majority . of the, cards
were dated prior to 1942 , with approximately one-fourth dated in 1942.
' In the Matter of Hughes Tool Company and Independent Metal Workers Union Locals
Nos. 1 and 2, 33 N. L R . B. 1089 , the Board found that the appropriate unit consisted of
"all production and maintenance employees of the Company , including Class C colored
employees in the maintenance department and those assigned to the general machine shop
and inspection department ; janitors ; Class C colored common laborers working in the forge
shop and in the heat-treat and foundry-shop departments ; the colored employee working In
the pattern shop ; shipping -department employees ; material -control-department employees ;
shop clerks ; machinists , mechanics , helpeis, and laborers attached to the engineering de-
partment ; and the five colored truck drivers in the maintenance department , but excluding
executive , supervisory , clerical , office, and .professional employees ; printing-shop employees;
personnel -department employees; sales -department employees other than those employed In
the shipping department ; accounting-department employees other than shop clerks ; day
office porters , garage employees ; production -department employees ; and engineers , drafts-
men, chemists , metallurgists , and clerical employees of the engineering department."
0)
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department who are classified on the Company's, books as F and E
employees, and who perform work comparable to that of employees in
the heat-treat department, who were included in the prior unit. The
parties agree to exclude parking lot girls, who are a part of the Com-
pany's plant-protection force. They also agree that "the 5 colored
truck drivers" included in the prior unit should be changed to "all
colored truck drivers." The only issue is as to the station wagon
drivers whom the Independent would include. The Company and the
Steelworkers take no position as to them.' The station wagon drivers'
duties are to drive station wagons on scheduled trips between the two
plants, carrying mail, blue prints, and passengers. We shall include
them in the unit. With this inclusion, we shall adopt the unit previ-
ously found appropriate and also adopt the modifications and addi-
tions agreed upon by the parties.
We accordingly find that all production and maintenance employees
of the Company at its main plant and Aircraft Strut Division plant,
including Class C colored employees in the maintenance department
and- those assigned to the general machine shop and inspection depart-
ment; cafeteria employees; janitors, janitresses , and matrons; Class
C colored common laborers working in the forge shop and in the heat-
treat and foundry-shop departments; employees classified on the Com-
pany's books as F and E employees; the colored, employees working in
the pattern shop; shipping-department employees; material-control-
department employees; shop clerks; machinists, mechanics, helpers,
and laborers attached to the engineering department; the colored truck
drivers in the maintenance department; and station wagon drivers, but
excluding executives, supervisory, clerical, office, and professional em-
ployees; printing-shop employees; personnel-department employes;
sales-department employees other than those employed in the shipping
department; accounting-department employees other than shop clerks;
day office porters; garage employees; parking lot girls; production-
department employees; 5 and engineers, draftsmen, chemists,'metallur-
gists, and clerical employees of the engineering department, constitute
a unit appropriate 'for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVTS
dk
The Independent urges that, since the Company's pay roll is con-
stantly expanding, an election should not be held at the present time
because the results thereof might not reflect the sentiment of the em-
ployees a few months from now. The record shows that the Company
now employs about 50 percent of the number expected to be employed
5 Production -department employees in the previous unit were defined as time-study em-
ployees and order writers.
HUGHES TOOL COMPANY 825
at these two plants by November 1943. We do not believe that the
large number of employees who are now working at both plants should
be deprived at the present time of their right to bargain collectively.
We shall, therefore, proceed with an immediate determination of
representatives.6 . The Steelworkers suggested that eligibility to vote
be determined by reference to the pay-roll period nearest the hearing,
but gave no reason for the preference. We shall follow our usual
practice of using a current pay-roll date, and shall direct that the
question concerning representation which has-arisen be resolved by an
election by secret ballot among the employees 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.
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 Rela-
tions 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 representa-
tives for the purposes of collective bargaining with Hughes Tool Com-
pany, Houston, Texas, an election 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 Relations 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 any such employees who did not work during said
pay-roll period because they were ill or on vacation or in the active
military service or training of the United-States, or temporarily laid
off, but excluding any who have since quit or, been discharged for cause,
to determine whether they desire 'to be represented by United Steel-
workers of America, Local Unions Nos. 1742 and 2457, affiliated with
the Congress of Industrial Organizations, or by Independent Metal
Workers Union, Locals 1, and 2, for the purposes of collective bargain-
ing, or by neither.
See Matter of Westinghouse Electric Manufacturing Company and International Asso-
ciation of Machinists Local 804 (A F. of L.), 38 N. L. R. B. 404; and Matter of Buick Motor
Division, General Motors Corporation and Die t Tool Makers Lodge #113, International As-
sociation of Machinists, (A. F. of L.), et at, 40 N L. R. B. 825.