Norris Stamping and Manufacturing Co.Download PDFNational Labor Relations Board - Board DecisionsFeb 4, 194665 N.L.R.B. 789 (N.L.R.B. 1946) Copy Citation In the Matter of NORRIS STAMPING AND MANUFACTURING Co. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-11, A. F. L. Case No. 21-R-3019.-Decided February 4, 1946 Messrs. Paul R. Watkins and Keene Watkins, of Los Angeles , Calif., for the Company. Messrs. C. DeMontreville and Brice Worley, of Los Angeles , Calif., for the Union. Illr. Warren H. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Electrical Workers, Local B-11, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation , of employees of Norris Stamping and Manufacturing Co., Los Angeles, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William, T. Whitsett, Trial Examiner. The hearing was held at Los Angeles, California, on October 11, 1945. The Company and the Union appeared and participated. All parties were afforded full op- portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Com- pany moved to dismiss the petition on the ground that the Board has not as yet disposed of an unfair labor practice charge filed by the Union against the Company (Case No. 21-C-2581). Inasmuch as the Union has filed a waiver of the right to protest any, election which might be directed in this proceeding based upon the subject matter of the charge, the motion is denied.' The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : i See Matter of Burton Dixie Corporation , 48 N. L. R. B. 543. 65 N. L R. B., No. 134. 789 11 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Norris Stamping and Manufacturing Co. is a California Corporation engaged at 5215 S. Boyle Avenue, Los Angeles, California, in the manufacture and sale of metal products. During the calendar year 1944, the Company purchased raw materials consisting of steel, brass, aluminum, rubber, paint, and copper. Purchases of raw materials valued in excess of $250,000 originated outside the State of California. During the same period sales of finished products valued in excess of $250,000 were made to purchasers outside the State of California. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local B-11, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION ' The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its electrical employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate 2 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 Act. IV. THE APPROPRIATE UNIT The Union seeks a unit of all electrical workers who are employed at the Company's plant. The unit proposed by the Union is described in its amended petition as follows : All electrical maintenance, electrical repair, and electrical main- tenance construction employees, including electrical maintenance helpers and electrical maintenance and construction leadmen, ex- cept for supervisory employees with authority to hire, promote, 2 The Field Examiner reported that the Union submitted 28 application cards, of which 13 bore the names of employees listed on the Company 's pay roll of September 9, 1945 ; and that the cards were dated August 14, 1945. There are approximately 24 employees in the appropriate unit. NORRIS STAMPING AND MANUFACTURING CO. 791 discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action. The Company claims that such a unit is inappropriate and that a single-plant unit comprised of all employees is appropriate. In support of its.position the Company stresses that working con- ditions for the employees sought and other employees are substantially the same. It also points to the fact that the employees in the unit desired by the Union on numerous occasions perform their work along- side the production and maintenance employees. But the record discloses that the workers sought by the Union form a distinct and separate group from other plant workers and that they are separately supervised. Theirs is a highly specialized skill dis- tinguishable from those of other employees. They are engaged exclu- sively in the installation, maintenance, and repair of electrical machin- ery and equipment. That they constitute a homogeneous craft group may not be denied. In the absence of a history of collective bar- gaining on the basis of a more comprehensive unit, we are of the opinion that the grouping sought is appropriate.3 - We find that all electrical maintenance, electrical repair, and elec- trical maintenance construction employees of the Company, including electrical maintenance helpers, and electrical maintenance and con- struction leadmen,4 but excluding all supervisory employees 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. V. THE DET.ERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among 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 Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby See Matter of Douglas Aircraft Company, Inc., 54 N L. R. B. 781. It is clear from the record that leadmen are not supervisory employees within the meaning of our customary definition. 792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Norris Stamping and Manufacturing Co., 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 , under the direction and supervision of the Regional Director for the Twenty-first 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 Regu- lations, among 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 those employees who have since quit or been dis- charged 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 Electrical Workers, Local B-11, A. F . L., for the purposes of collective bargaining. Copy with citationCopy as parenthetical citation