Kohlenberger Engineering Corp.

National Labor Relations Board - Board Decisions

Nov 26, 1946

71 N.L.R.B. 818 (N.L.R.B. 1946)

In the Matter of KOIILENBERGER ENGINEERING CORPORATION, Eli-
PLOYER and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, C. I. 0., PETITIONER
Case No. 21-R-3458.Deeided November 06,1946
Mr. William H. Carter, of Los Angeles, Calif., for the Employer.
Mr. William B. Eleonin, of Los Angeles, Calif., for the Petitioner.
Mr. David Sokol, of Los Angeles, Calif., for the Intervenor.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Los
Angeles, California, on August 12, 1946, before David Aaron, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the folowing:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Employer is a California corporation and is engaged in the
manufacture of industrial refrigeration equipment. During the
first 5 months of 1946, the Employer purchased raw materials in
excess of $25,000, 50 percent of which was shipped into the State
of California from points outside the State. During the same period,
the Employer sold finished products valued at approximately $350,-
000, approximately 50 percent of which was shipped to points out-
side the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
71 N L R. B, No. 137.
818
KOHLENBERGER ENGINEERING CORPORATION 819
Local No. 508, United Association of Journeymen Plumbers, Steam-
fitters and Refrigeration Fitters, herein called the Intervenor, is a
labor organization affiliated with the American Federation of Labor,
claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit comprising all production and main-
tenance employees, including those in the pipe shop, but excluding
office, clerical, outside refrigeration installation, and supervisory
employees. The Intervenor contends that its current contract with
the Employer covers both pipe shop and outside refrigeration installa-
tion employees, and that therefore, the pipe shop also should be
excluded from any unit which the Board might establish. The Em-
ployer takes a neutral position.
The record discloses that employees of the pipe shop and outside
refrigeration installation department have been represented by the
Intervenor through successive collective bargaining contracts since
April 14, 1941.1 The Petitioner contends that the aforesaid contracts
have not been enforced and that for several years the Intervenor, as
the bargaining agent for the aforesaid employees, has been a defunct
organization. Although it does appear that the Intervenor and the
Employer did not enforce the closed-shop provisions of these con-
tracts for several years during the war,2 it nevertheless appears that
other provisions of the contracts were observed and enforced and that
the Intervenor has continued to function as a labor organization
capable of administering its contract.3 In view of their current
representation by the Intervenor in a separate unit, we shall exclude
the pipe shop and outside refrigeration installation employees from
the unit of production and maintenance employees hereinafter found
appropri ate.
The record discloses that the work performed in the pipe shop and outside refiig-
oration installation department requires sunilar skills and that there is a considerable
exchange of personnel between the two departments
2 However, on or about July 15, 1946, the Intervenor (lid request the Employer to
recognise and comply with the closed-shop provisions of the al01esaid contract
"See Matter of N. L. Korn and D. if. Korn, a partnership it/b/a The Ellis Canning
Company, 67 IN L R B 384
820 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the Em-
ployer, excluding office, clerical, pipe shop and outside refrigeration
installation employees, and all supervisory employees with authority
to hire, promote,' discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Kohlenberger Engineering
Corporation , Fullerton , 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 Relations Board, and subject
to Sections 203.55 and 203.56, of National Labor Relations Board
Rules and Regulations-Series 4, 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 includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls , 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, to determine whether
or not they desire to be represented by United Electrical Radio & Ma-
chine Workers of America , C. I. 0., for the purposes of collective
bargaining.'
4 Since the employees claimed by the Intervenor have been excluded from the ap-
propriate unit , and this organization has asserted no interest in the production and
maintenance employees who form the appropriate unit , we shall omit its name from the
ballot in the election herein directed.