Lone Star Defense Corp.

National Labor Relations Board - Board Decisions

Jul 29, 1943

51 N.L.R.B. 846 (N.L.R.B. 1943)

In the Matter of LONE STAR DEFENSE CORPORATION and FEDERAL
LABOR UNION, A. F. of L., LOCAL UNION No. 23408
Case No. R-56,09.-Decided July 29, 1943
Mr. E. M. Pritchard and Mr. A. C. Sprague, of Texarkana, Tex., for
the Company.
Mr. R. A. Tedder, of Leary Tex., and Mr. E. F. Jones, of Tex-
arkana, Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Federal Labor Union, A. F. of L.,
Local Union No. 23408, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Lone Star Defense Corporation, Texarkana, Texas,
herein called the" Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Bliss Daffan,
Trial Examiner. Said hearing was held at ' Texarkana, Texas, on
July 6, 1943. 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.
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
Lone Star Defense Corporation operates 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
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846
LONE STAR DEFENSE CORPORATION 847
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 out-
side the State of Texas.
II. THE ORGANIZATION INVOLVED
Federal Labor Union, A. F. of L., Local Union No. 23408, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On June 9, 1943, the Union requested the Company to recognize it
as the exclusive collective bargaining representative of the Company's
fire prevention employees. The Company refused this request until
such time as the Union is certified by the Board.
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends that all fire prevention employees of the Com-
pany, excluding the fire chief, assistant fire chief, chief inspector,
police department employees, and stenographers, constitute an appro-
priate bargaining unit. The Company took no position with respect
to the scope of the unit urged by the Union. Evidence introduced
at the hearing indicates that the employees claimed by the Union are
closely related from a functional standpoint and form a homogeneous
group.
The Company employs 18 persons classified by it as junior captains.
Each of the' junior captains has 6 employees under him and can effec-
tively recommend the hire and discharge of his subordinates. We find
that the junior captains are supervisory employees and as such are
hereinafter excluded from the unit.
The Company employs 3 shift captains, each of whom supervises 30
firemen and recommends their hire. and discharge. Accordingly they
are excluded from the unit as supervisory employees.
The Company has one employee classified as fire alarm system inspec-
tor, who can effectively recommend the hire and discharge of thret,
I The Field Examiner reported that the Union presented 104 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll
of June 1943. There are approximately 131 employees in the appropriate unit
848 DEC1SPONS OF NATIONAL LABOR RELATMI`'rs BOARD
firemen working under his jurisdiction. We find that the fire alarm
system inspector is a supervisor and is excluded as such from the unit.
We find that all fire prevention employees of the Company excluding
the fire chief, assistant fire chief, chief inspector, police department
employees, stenographers, 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, consti-
tute 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-roll period immediately preceding the date of the Direction of
Election herein, 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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Lone Star Defense Cor-
poration, Texarkana, Texas, an election by secret ballot shall be con-
ducted 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 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, to determine whether or not they
desire to be represented by Federal Labor Union, Local Union No.
23408, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
CHAIRMAN Mmms took no part in the consideration of the above
Decision and Direction of Election.