82 N.L.R.B. 188 (N.L.R.B. 1949)

J. H. Hubbard & Son, Inc.

National Labor Relations Board - Board DecisionsMar 16, 1949

82 N.L.R.B. 188 (N.L.R.B. 1949)

In the Matter of J. H. HUBBARD & SON, INC., AND LESLIE MANU- FACTURING Co., EMPLOYERS and STOVE MOUNTERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL, PETITIONER Case No. 16-RC-311.-Decided March 16, 1949 DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. 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 this case , the Board finds : 1. The Employers are engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner is a labor organization claiming to represent employees of the Employers. 3. A question affecting commerce exists concerning the represen- tation of employees of the Employers within the meaning of Section 9 (c) (1) and Section 2 (6) and ( 7) of the Act. 4. The appropriate units : The Petitioner seeks to represent in a single unit all production and maintenance employees at the Dallas , Texas, plants of J. H. Hub- bard & Son , Inc., herein called Hubbard , and Leslie Manufacturing Co., herein called Leslie , excluding all office employees , watchmen, guards , and supervisors . The Employers contend that employees of Hubbard and Leslie , respectively , should constitute separate units. There is no dispute as to the categories of employees to be included in any unit or units. Hubbard and Leslie are separate corporate entities; They occupy opposing plant sites separated by a public highway. Hubbard manu- factures ceramic products ; Leslie makes commercial signs and gas *Chairman Herzog and Members Reynolds and Gray. 82 N. L. R. B., No. 19. 188 J. H. HUBBARD & SON, INC. 189 heaters. A small percentage of Hubbard's output is sold to Leslie, but Leslie sells nothing to Hubbard. While the same individuals own both corporations, each plant has its own superintendent who sets the wage rates of individual employees, and hires and discharges the employees in the plant under his supervision. There is little transfer of personnel between the two Employers. Separate pay rolls are kept, although one general office handles the clerical work for both corporations. Under all these circumstances, and in view of the fact that there is no bargaining history on a multi-employer basis, we believe that separate units for the employees of each Employer should be established.' Accordingly, we find the following units appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act : 1. All production and maintenance employees of J. H. Hubbard & Son, Inc., Dallas, Texas, excluding all office employees, watchmen, guards, and supervisors as defined in the Act. 2. All production and maintenance employees of Leslie Manufac- turing Co., Dallas, Texas, excluding all office employees, watchmen, guards, and supervisors as defined in the Act. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employers, elections 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 supervision 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-Series 5, as amended, among the employees in the units found appropriate in paragraph numbered 4, 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 who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, and also ex- cluding employees on strike who are not entitled to reinstatement, to determine in each unit whether or not they desire to be represented, for purposes of collective bargaining, by Stove Mounters' Interna- tional Union of North America, AFL. 1 Matter of Clark Thread Co., 79 N . L. R. B. 542 ; Matter of The Veneer Manufacturing Co., 77 N . L. R. B. 659.