Lone Star Defense Corp.

National Labor Relations Board - Board Decisions

Feb 27, 1943

47 N.L.R.B. 1247 (N.L.R.B. 1943)

In the Matter of LONE STAR DEFENSE CORPORATION and TRUCK DRIVERS
LOCAL UNION No. 894, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.
In the Matter Of LONE STAR DEFENSE CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 301,,
A. F. OF L.
Cases Nos. R-41859 and R-4860, respectively.Decided
February 07, 191E3
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence,of question : recog-
nition refused without prior certification of Board ; election necessary.
Units Appropriate for Collective Bargaining : all electricians, linemen,-telephone
repair and maintenance employees, radio operators, and their respective
helpers, excluding supervisory employees, held an appropriate bargaining unit;
no dispute as to; all warehouse employees, truck and pool service car drivers,
lift-type tractor operators, service station attendants, and garage employees,
including dispatchers, but with specified exclusions, held a separate appro-
priate unit. •
Mr. J. C. Herbert and Mr. A. C. Sprague, of Texarkana, Tex., for
the Company.
Mr. R. W. Myrtle and Mr. Merton Harris, of Texarkana, Tex., and
Mr. T. C. Neal, of Dallas, Tex., for the Teamsters.
Mr. ,Elmer Lincoln, of Texarkana, Tex., and Mr. C. R. Carle, of
Shreveport, La., for the I. B. E. W.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions and amended petitions duly filed by Truck
Drivers Local Union No. 894, International Brotherhood- of Team-
sters, Chauffeurs,,Warehousemen and Helpers of America, A. F. of L.,
herein called the Teamsters, and International Brotherhood of Elec-
trical Workers, Local Union 301, herein called the I. B. E. W., alleging
that questions affecting commerce had arisen concerning the represen-
47N.L.R.B.,No.151. • I
1247
8
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tation of employees of Lone Star Defense Corporation, Texarkana,
Texas, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before Bliss Daffan, Trial Examiner. Said hearing
was held at Texarkana, Texas, on February 9, 1943. The Company,
the Teamsters, and the I. B. E. W. 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
Lone Star Defense Corporation is an Ohio corporation operating a
plant at Texarkana, Texas, known as the Lone Star Ordnance Plant,
where it is engaged in the assembly and storing of bombs and other
ammunition. All. land, buildings, and. equipment at the Lone Star
Ordnance Plant are owned, by the United. States Government. All
employees at the Lone Star Ordnance Plant are employed by the
Company. A substantial amount of the supplies used at the Lone
Star Ordnance Plant are shipped to it from points outside the State
of Texas, and a substantial amount of the goods produced at that
plant are shipped to points outside the State of Texas: '
-7-
II. THE ORGANIZ ATIONS INVOLVED
Truck Drivers Local Union No. 894, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a
labor organization affiliated with the American Federation of Labor,
'admitting to membership employees of the Company.
;'-International Brotherhood of 'Electrical Workers, Local Union 301,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On January 20, 1943, the I. B. E. W. requested the Company to
recognize it as the exclusive representative of certain of the Company's
employees. During.the same month the Teamsters requested. the
Company for exclusive recognition of certain employees. The Com-
pany refused both requests until such-time as the I. B.• E. W. and the
Teamsters are certified by the Board.
Statements of a Field Examiner of the Board, introduced into evi
dence at the hearing, indicate that the teamsters and the I. B. E. W.
9
LONE STAR DEFENSE CORPORATION 1249
each represents a substantial number of employees in the unit alleged
by each-to be appropriate.'
We,find .that questions affecting commerce have 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 1 APPROPRIATE UNITS
The I. B. E. W. contends that all' electricians,'linemen, telephone
repair and maintenance employees, radio operators, and electrician,
linemen, radio, and telephone helpers of the Company, excluding super-
visory employees, constitute an appropriate bargaining unit. The
Company took no position with respect to the unit urged by the
I. B. E. W. Evidence introduced at the hearing indicates that the
employees claimed by the I. B. E. W. are closely related from a func-
tional standpoint.
We find that all electricians, linemen, telephone repair and mainte-
nance employees, radio operators, and electrician, linemen, radio and
telephone helpers:of the Company, excluding supervisory employees,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
The Teamsters contends that all warehouse employees, truck and
pool service car drivers, lift-type tractor operators,, service station at-
tendants, and garage employees of the Company, including shippers,
checkers, and dispatchers, but excluding carpenters, sawyers, office
clerical employees, mechanics, blacksmiths, superintendents, foremen,
plant protection drivers, serving shop employees, employees handling
lumber and dunnage in the mill, warehouse clerks, mail clerks, and mail
department messengers, constitute an appropriate bargaining unit.
The Company took no position with respect to the unit urged by the
Teamsters.
The shippers are in charge of various crews consisting of 'loaders
.and unloaders. They make out tally sheets and maintain labor dis-
tribution records. The shippers' recommendations, with respect to
the hire or discharge of their subordinate employees are given great
weight by the Company: Under the circumstances, we shall exclude
shippers from the Teamsters' unit.
The Company has on its pay roll employees classified as general
checkers, checkers in charge of loading dunnage on trucks, and check-
' The Field Examiner reported that the Teamsters presented an authorization petition
bearing 379 apparently genuine signatures of persons whose names appear on the Com-
pany' s pay roll of January 9, 1943. There are approximately 818 employees in the unit
urged by the Teamsters . The Field Examiner further reported that the , I. B. E. W.
presented 31 authorization cards bearing apparently genuine signatures of persons whose
names appear on the Company 's pay roll of January 9, 1943. There are approximately
40 employees in the unit urged by the I. B E W.
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1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ers' in charge of delivering lumber to the dunnage mill. The checkers
direct crews composed of loaders and unloaders, and maintain tally
sheets and labor distribution records of their crews. They have au-
thority to, make recommendations relative to the hire or discharge
of their subordinated.- We shall., exclude all checkers from the
Teamsters' unit.
We find that all warehouse employees, truck and pool service car
drivers, lift-type tractor. operators, service station attendants, and
garage employees of the Company, including dispatchers, but exclud-
ing carpenters, sawyers, office clerical employees, mechanics, black-
smiths, superintendents, foremen, plant protection drivers, employees
of the serving shop, employees handling lumber and dunnage in the
mill, warehouse clerks, mail clerks, mail department messengers, ship-
pers, and all checkers, constitute 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 questions concerning representation be re-
solved by means of elections by secret ballot among the employees
in the appropriate units who were employed during-the pay-roll pe-
riod immediately preceding the date of the. Direction of Elections
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
i
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 the 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 Lone Star Defense
Corporation, Texarkana, Texas, elections,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 Sixteenth Region, acting in this
matter as agent for the National ,Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among :
1. The employees in the unit found appropriate in paragraph 6
of 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 per-
LONE STAR DEFENSE CORPORATION 1251
son at the polls, but excluding any' who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by Truck Drivers Local Union No. 894, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
2. All employees in the unit found appropriate in paragraph 2
of 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 per-
son at the polls, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by International Brotherhood of Electrical Workers, Local
Union 301, 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.