Lone Star Defense Corp.

National Labor Relations Board - Board Decisions

Oct 18, 1943

52 N.L.R.B. 1467 (N.L.R.B. 1943)

In the Matter of LONE STAR DEFENSE CORPORATION and BROTHERHOOD
OF PAINTERS , DECORATORS AND PAPERHANGERS OF AMERICA, LOCAL
459, A. F. of L.
Case No. 16-R-700.-Decided October 18, 194.3
Mr. K. M. Pritchard and Mr. A. C. Sprague, of Texarkana, Tex., for
the Company.
Mr. Dick Card, of Texarkana, 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 Brotherhood of Painters, Decorators
and Paperhangers of America, Local 459, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Lone Star Defense Cor-
poration, Texarkana, Texas, herein called the' Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before C. Woodrow Greene, Trial Examiner. Said hearing
was held at Texarkana, Texas, on September 28, 1943. 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 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
52 N. L. R. B., No. 248.
1467
1468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 out-
side the State of Texas.
If. THE ORGANIZATION INVOLVED
Brotherhood of Painters, Decorators and Paperhangers of
America, Local 459, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 6, 1943, the Union requested the Company to recognize it
as the exclusive collective bargaining representative of the Com-
pany's painters. 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 employees of the Company engaged
as maintenance painters, excluding supervisory and clerical em-
ployees, constitute an appropriate 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 em-
ployees claimed by the Union are closely related from a functional
standpoint and form a homogeneous group.
The Company employs two persons classified by it as working
foremen. Each of them has seven or eight employees under him and
can effectively recommend the hire and discharge of his 'subordinates.
We find that the working foremen are supervisory employees and
as such are hereinafter excluded from the unit.
'The Field Examiner reported that the Union presented 15 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of September 3, 1943. There are approximately 19 employees in the appropriate unit:
LONE STAR DEFENSE CORPORATION 1469
We find that all employees of the Company engaged as main-
tenance painters, excluding clerical employees, working foremen,
and any other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, 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 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 DirectioIi
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 Re-
lations 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 Lone Star De-
fense Corporation, Texarkana, Texas, 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 Sixteenth 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 immedi-
ately 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 dis-
charged for cause, to determine whether or not they desire to be
represented by Brotherhood of Painters, Decorators and Paper-
hangers of America, Local 459, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.