Lane Wells Co.

National Labor Relations Board - Board Decisions

Dec 29, 1942

46 N.L.R.B. 487 (N.L.R.B. 1942)

In' the Matter of LANE WELLS COMPANY and INTERNATIONAL Asso-
CIATION OF MACHINISTS, LODGE 311, A. F. OF L.
Case No. R-407.-Decided December 99, 19412
Jurisdiction : oil field equipment industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation as to; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees , with specified inclusions and exclusions ; stipulation as to.
Mr. Rodney S.-Durkee, of Los Angeles, Calif., for the Company.
Mr. Roscoe V. Ickes and Mr. R. G. Benedict, of Los Angeles, Calif.,
for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION' OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Association
of Machinists, Lodge 311, affiliated with the American Federation of
Labor, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Lane
Wells Company, Los Angeles, California, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before George H. O'Brien, Trial Examiner. Said
hearing was held at Los Angeles, California, on December 4, 1942.
The Company and the Union appeared, participated, 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
' • ` Lane Wells Company, a Delaware - corporation with its principal
,office at Los Angeles, California, is engaged in performing field services
46 N. L. R. B., No. 60.
487
488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for oil companies and in the manufacture of oil field equipment. It
owns and operates branches at Oklahoma City, Oklahoma, and at
Houston, Texas. 'It partially owns the Ray Control Company, Pasa-
dena, California. It owns and operates a plant at Los Angeles,_ Cali-
fornia, which is the only plant involved in this proceeding, at which
it designs and manufactures oil field equipment.
During the calendar year, 1941, the Company derived its income
as follows: $3,000,000 from field'services, and $300,000 from the sale
of oil field equipment. In the manufacture of its products the Com-
pany uses metals and 'electrical equipment, approximately 25 percent
of which is shipped to its Los Angeles plant from points located out-
side the State of California. Approximately 75 percent of the
products of the Company's Los Angeles plant is shipped to points
located outside' the State of California.
II. THE ORGANIZATION'INVOLVED
International Association of Machinists, Lodge 311, is a labor or-
ganization affiliated with the American Federation of Labor, admitting
to membership employees of the Company. '
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated, at the hearing that a question concerning
representation has arisen in that the Company refuses to recognize
the Union as sole bargaining representative of its employees unless' and
until the Union is duly certified as such by the Board.
A statement of the Acting Regional Director, 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 employees of the Company within the meaning
of' Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act. '
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties,'that all
production and maintenance employees, truck 'drivers, stockroom em-
ployees, and working foremen of the Company at its Los Angeles
plant, excluding guards, outside oil well servicemen, office employees,
and supervisors with the right to hire or discharge, constitute a unit
1 The Acting Regional -Director reported that the Union had submitted 115' application
cards, of which 102 were dated from July to October 1942 , and the reinaindei 'undated, that
of the signatures thereon, all of which appear to be genuine , 72 bore the names of persons
on the ' Company's • pay roll of November 17, 1942 , containing a total ' of •211 names within
the appropriate unit.
LANE. WELLS COMPANY 489
appropriate for the purposes of collective bargaining within the mean-
ing 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, an electiori-by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay=roll
period immediately preceding the date of our 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Lane Wells Com-
pany, Los Angeles, 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 of Election, 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 sub-
iect to Article III, Section 10, of said Rules and Regulations, among
all employees of the Company in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately 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, to determine whether or not they desire to be represented by
International Association of Machinists, Lodge 311, affiliated with the
American Federation • of Labor, for the purposes of collective
bargaining.