Mosher Steel Co.

National Labor Relations Board - Board Decisions

Dec 11, 1946

71 N.L.R.B. 967 (N.L.R.B. 1946)

In the Matter Of MOSHER STEEL COMPANY, EMPLOYER and INTER-
NATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND
HELPERS OF AMERICA, AFL, LOCAL #74, AND INTERNATIONAL AS-
SOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON `YORKERS,
LOCAL #694, PETITIONERS
Case No. 16-R-1758.-Decided December 11, 1946
Messrs. W. M. Streetman, E. J. Mosher, and R. E. Disque, of Hous-
ton, Tex., for the Employer.
Messrs. Joseph J. McCollum, Jack B. Rogers, and 0. E. McGinnis,
of Houston, Tex., for the Petitioners.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a joint petition duly filed , hearing in this case was held at
Houston, Texas, on October 25 and 30, 1946, before V. Lee McMahon,
hearing 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 following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Mosher Steel Company is engaged in the fabrication of steel at
Houston, Texas. During the course of a year, the Employer ships to
its plant from points outside Texas raw materials, valued in excess of
$700,000. Approximately 5 percent of the products finished at the
Employer's plant is shipped to points outside Texas.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioners are labor organizations affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
71 N. L. R. B., No. 161.
967
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
111. THE QUESTION CONCERNING REI'RESENTATIfN
The Employer refuses to recognize the Petitioners as the exclusive
bargaining representative of employees of the Employer until the
Petitioners have 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 I-, NIT
We find, in accordance with the agreement of the parties, that all
maintenance and production employees on the Employer's shop pay
roll, including leadermen, but excluding watchmen, engineering de-
partment employees, clerks, foremen, and all other supervisory em-
ployees with authority to hire, promote, 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain' representatives for the
purposes of collective bargaining with Mosher Steel Company, Hous-
ton, 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 supervision of the Regional Director
for the Sixteenth 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 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 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 International Brotherhood of Boilermakers, Iron Ship-
builders and Helpers of America, AFL, Local #74, and International
Association of Bridge, Structural and Ornamental Iron Workers,
AFL, Local #694, for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
The request of the Petitioners regarding the positions of their navies on the ballot
is referred to the Regional Director.