Johnston Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 30, 1948

80 N.L.R.B. 984 (N.L.R.B. 1948)

In the Matter Of JOHNSTON MANUFACTURING COMPANY, EMPLOYER and
LODGE 790, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 16-RC-262.-Decided November 30, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing in this case was duly held at
Tulsa, Oklahoma, on October 12, 1948, before Evert P. Rhea, 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 National Labor
Relations Act, the National Labor Relations 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 Employer is a Nevada corporation organized on June 3,1948,
as successor to a partnership. It is licensed to do business in the State
of Oklahoma. It is neither affiliated with, nor a subsidiary of, any
other business organization. The Employer is engaged in manufac-
turing various types of valves. During the fiscal year ending June
30, 1948, the Employer purchased raw materials in excess of $100,000,
of which approximately 50 percent in value was shipped to the Em-
ployer's plant from points outside the State of Oklahoma. During
the same period its gross sales amounted to approximately $592,000,
of which amount $587,000 represents sales of finished products to
the National Tank Company, in Tulsa, Oklahoma. The National
Tank Company has manufacturing plants at Electra, Texas, as well
as Tulsa, Oklahoma. In addition it has distribution points in 12
States and Canada. The products sold by the Employer to the Na-
tional Tank Company consist chiefly of valves manufactured to
specifications furnished by the National Tank Company. These
valves are incorporated into gas and oil separators manufactured by
the latter company. The Employer's products are used in approxi-
mately 60 percent of the products manufactured by the National Tank
*Reynolds , Murdock , and Gray.
80 N. L. R. B., No. 147.
984
JOHNSTON MANUFACTURING COMPANY 985
Company. During the 6-month period ending June 30, 1948, sales
of the latter Company exceeded $8,000,000, of which 75 percent was
shipped to points outside the State of Oklahoma. We find, contrary
to the contention of the Employer, that it is engaged in commerce
within the meaning of the Act.'
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purpose of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All production and maintenance employees of the Employer includ-
ing shipping and/or receiving clerks, stockroom, assembly, and jani-
torial employees, and all employees engaged in erecting, installing,
maintaining, dismantling and/or repairing machinery by the Com-
pany at its plant in Tulsa, Oklahoma, but excluding guards, watch-
men, professional employees, clerical employees, supervisors, and all
other employees.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election 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 super-
vision 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 unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, 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 election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to de-
termine whether or not they desire to be represented, for purposes of
collective bargaining, by Lodge 790, International Association of
Machinists.
1 See Matter of Binns Passaic Iron i Brass Foundry, 77 N. L. R. B. 380 ; Matter of
Wichita Falls Foundry ci Machine Company , 69 N. L. R. B. 458 ; Matter of Quick Industries,
Incorporated, 69 N. L . R. B. 760 . Cf. The Efficient Tool & Dye Company, 79 N. L. R. B.
207; Pacific Moulded Products Company , 76 N. L. R. B. 1140.