Kobe Inc.

National Labor Relations Board - Board Decisions

Nov 23, 1944

59 N.L.R.B. 445 (N.L.R.B. 1944)

In the Matter of KOBE INCORPORATED and INTERNATIONAL A SSOCIATION
OF MACHINISTS, DISTRICT LODGE 94, A. F. OF L.
Case No. 21-R4499.Decided November 23,1944
Latham cf Watkins, by Mr. Paul R. Watkins, of Los Angeles, Calif.,
for the Company.
Messrs. E. M: Skagen, Stanley D. Stearns, and Kenneth Roberts, of
Los Angeles, Calif., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International As-
sociation of Machinists, District Lodge 94, A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Kobe Incorporated,
Huntington Park, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before George H. O'Brien, Trial Examiner. Said hearing was
held at Los Angeles, California, on October 31, 1944. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses and to
introduce evidence bearing ohh the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kobe Incorporated, is a California, corporation operating - a plant
at Huntington Park, California, where it is engaged in the manufac-
ture of oil well-producing equipment, precision gages, and aircraft
59 N. L. R. B., No. 90.
445
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
parts. The Company purchases raw materials valued in excess of
$200,000 annually, approximately 75 percent of which originates out-
side the State of California. During the same period the Company
produces products valued in excess of $1,000,000, about 50 percent of
which is shipped to points outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION fN VOLVED
International Association of Machinists, District Lodge 94, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees because it doubts
that the Union represents a majority.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.' -
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 Union urges that all production and maintenance employees
of the Company, including set-up men and lead men, but excluding
factory clerical employees, office employees, timekeepers, truck driver,
plant-protection employees, and supervisory -employees, constitute an
appropriate unit. The only controversy with respect to the unit con-
cerns factory clerical employees and the truck driver.
The Company employs approximately 22 factory clerical em-
ployees. They are paid on an hourly rate and, are under the super-
vision of plant supervisory employees. It further appears that they
spend.a substantial amount of their time performing, manual duties.
We shall include the factory clerical employees in the unit.
The Union desires that the truck driver be excluded from the unit
on the ground that he is eligible for membership in International
'The Field Examiner reported that the Union presented 137 authorization cards bear-
ing the names of persons who appear on the Company ' s pay roll of October 6, 1944 There
are approximately 334 employees in the appropriate unit
KOBE INCORPORATED 447
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, a labor organization affiliated with the American Federa-
tion of Labor, as is the Union. The record does hot contain any
facts concerning the duties of the truck driver. Thus, we will assume
that his duties are those normally performed by a teamster, and as
such, we shall exclude him from the unit. _
We find that all production and maintenance employees of the
Company, including set-up men, leadmen, and factory clerical em'
ployees, but excluding office employees, timekeepers, the truck driver,
plant-protection employees and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes - in the-,,status of employees, or effectively recommend such
action, constitutes a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by-secret ballot among
the employees in the appropriate unit who were employed during
the pay-toll period immediately preceding the date' of the Direction
of Election herein, subject to the limitations and additions set forth
in the-Direction.
The Company contends that its employees presently in the armed
forces of the United States should be afforded an opportunity to vote.
We are not unmindful of the fact that- employees on military leave re-
tain their status as employees and, therefore, have a real interest in the
choice of a bargaining representative. For this reason, our Direction
of Election will provide, as has been the case in the past, that those
who appear at the polls in the election shall be allowed to vote if other-
wise eligible. However, the Company urges that, to assure an oppor-
tunity for all the employees in the armed forces to vote, a provision
should be included in the Direction of Election requiring the Regional
Director to mail ballots to each such employee. We find such a
suggestion to be unfeasible for the reasons stated in Matter of Mine
Safety Appliances Co., 55 N. L. R. B. 1190. When it is determined
that service men have returned to their employment in sufficient num-
bers so that they comprise a substantial percentage of the employees
in an appropriate unit in which we have certified a collective bar-
gaining representative, a new petition for the investigation and certi-
fication of a bargaining agent may be filed with the Board. In this
manner, employees in the armed forces, who were unable to cast a vote,
will be afforded an opportunity to affirm or change the bargaining
agent selected in their absence.
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448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 3, as amended, it is
hereby -
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Kobe Incorpo-
rated, Huntington Park, 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 super-
vision of the Regional Director for the Twenty-first'Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, 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 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 for cause
and have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Inter-
national Association of,:Machinists, District Lodge 94, A. F. of L., for
the purposes df collective bargaining.