Kaiser Co., Inc.

National Labor Relations Board - Board Decisions

Feb 26, 1943

47 N.L.R.B. 1099 (N.L.R.B. 1943)

In the Matter of KAISER COMPANY, INC. (IRON AND STEEL DIVISION) and
SAN BERNARDINO METAL TRADES COUNCIL, A. F. L.
Case No., R-4847.-Decided February 26,1943
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question: recog-
nition refused without prior certification of the Board ; election directed a1=
though company had no objection to certification without election when union
authorization cards were not introduced in evidence and record did not contain
sufficient evidence to warrant certification without election.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, with specified inclusions and exclusions, at one iron mine of
company.
Mr. Thomas T. Inch, of Oakland, Calif., for the Company.
Messrs. Earl Wilson, of,San Bernardino , Calif., and David Sokol,
of Los Angeles, Calif., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by San Bernardino Metal Trades Council,
affiliated with the. American Federation of Labor, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Kaiser Company, Inc.
(Iron and Steel Division), Oakland, California, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Charles M. Ryan, Trial
-Examiner. Said hearing was held at San Bernardino, California, on
February 4, 1943. The Company and the Union appeared, partici-
pated, 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.
47 N L. R B., No. 138.
1099
1100 DEc'LSIION S' O1F NATIONAL LABOR RELATION NS BOA-111D
,Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kaiser Company, Inc. (Iron and Steel Division) is a Nevada cor-
poration`, engaged in the operation of shipyards and the building of
ships for the United States Maritime Commission at various locations
in the States of California, Washington, and Oregon. In conjunction
with these operations the Company operates a steel mill located at
Fontana, California, several coal mines in the State of Utah, and an
iron mine ,'herein called the Vulcan Mine, located at Kelso, California.
The Company concedes that these various activities constitute an in-
tegrated and closely related operation. The Vulcan Mine, which is
'the operation of the Company involved in this proceeding, produces
each day iron ore valued at from $2,000 to $3,000, all of which is trans-
ported from the Vulcan Mine to the Company's steel mill at Fontana,
California, where it is processed and then used at the Company's vari-
ous shipyards in the construction of vessels. The total production of
ships by the Company amounts 'in value to many millions of dollars
annually.
The Company concedes and we find that it is engaged in commerce
within the meaning of the Act. .
H. Ting ORGANIZATION INVOLVED'
San Bernardino Metal Trades Council, affiliated with the American
Federation of Labor, is a labor organization, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Early in December 1942, the Union requested recognition from the
'Company as bargaining agent for the employees at the Vulcan Mine.
-The Company' refused to extend such recognition until the Union is
-certified by the Board as the bargaining agent of such employees.
'A Statement of a Field Examiner for the Board, introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.'
`We find that a` question affecting commerce has arisen concerning the
representation of the plant guards of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
% The Field Examiner reported that the Union submitted 68 authorization cards, of
which 48 bore the apparently genuine signatures of persons whose names appeared on the
Company 's pay roll of December 18, 1942 . The pay roll contained the names of 69 persons
in the appropriate unit. Office employees , of whom there are about 4, were not included
on this pay -roll list.
KAISER COMPANY, INC.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
production and maintenance employees, including truck drivers and
warehousemen, culinary workers, shift foremen, and non-supervisory
and non-confidential office employees permanently stationed"at the.
Vulcan Mine, employed by the Company at its Vulcan Mine, Kelso,
California, but excluding supervisory employees with the right to hire
and discharge, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company states that it has no objection to certification of the
Union without an election if the record discloses that the Union has
been selected'as bargaining agent by a majority of the employees in
the appropriate unit. The union authorization cards were not in-
troduced in evidence, however, and the record does not contain suffi-
cient evidence to warrant certification without an election. Accord-
ingly, we 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 this Direction of
Election, 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Kaiser Company,
Inc. (Iron and Steel Division) at its Vulcan Mine, Kelso, California,
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 Twenty-
first Region, acting in this matter as agent for the National Labor Re-
lations 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 im-
mediately 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, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
1102 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
for cause, to determine whether or not they desire to be represented by
San Bernardino Metal Trades Council, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.