Pacific Pumps, Inc.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 129 (N.L.R.B. 1945)

In the Matter Of' PACIFIC PUMPS, INC. and TECHNICAL ENGINEERS,
ARCHITECTS AND DRAFTSMEN'S UNION, LOCAL 94, A. F. OF L. and
PACIFIC PIMP TECHNICIANS, ENGINEERS, DRAFTSMEN, OFFICE R
PROFESSIONAL UNION DIVISION OF LOCAL 2018, U. S. A.-C. I.-O.
Cases Nos. 21-R-2904 and 21-R-2970.-Decided'October 12,1945
Mr. A. R. Weis, of Huntington Park, Calif., for the Company.
Mr. P. G. Ripper, of Los Angeles, Calif., and Mr. M. Williams, of
El Monte, Calif., for the A. F. of L.
Mr. John Despol, of Los Angeles, Calif., for the C. I. O.
Mr. John E. Lawyer, of counsel to-,the, Board.
DECISION
AND
'DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Technical Engineers, Architects, and
Draftsmen's Union, Local 94, A. F. Of L., and Pacific Pump Tech-
nicians, Engineers, Draftsmen, Office & Professional Union Division
of Local 2018, United Steelworkers of America, C. I. O:, herein called
the A. F. of L. and C. 1. 0., respectively, alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
Pacific Pumps, Inc., Huntington Park, California, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before William T. Whitsett, Trial
Examiner. Said hearing was held at Los Angeles, California, on
July 5, 1945. The Company, the A. F. of L., and the C. I: O. appeared
at and participated in the hearing, and all partie's 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
Pacific Pumps, Inc., is a California corporation engaged in the
manufacture, sale, and distribution of pumps and aircraft parts at
64 N L R B., No 28.
670417-46-vol 64 10 129
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its plant in Huntington Park, California. During the past fiscal
year the Company purchased raw materials, comprised chiefly of iron
and steel castings, iron, steel, brass, aluminum bar stock, tubing, bolts
and forgings, valued at approximately $54,800, 80 percent of which
was purchased outside the' State, of California. , During the same
period the Company's sales of finished products were Y.alued at ap-
proximately $1,600,000; of which 90 percent was shipped to points
outside the State. - -- -
The Company admits that it is engaged in commerce within the
meaning of the National Labor'Relations Act.
H. THE ORGANIZATIONS1INVOLVED .
Technical Engineers, Architects and Draftsmen's Union Local 94,
affiliated with the America li Federation of Labor, is a labor organiza
tion admitting to membership employees_of the Company.
Pacific Pump Technicians, Engineers, Draftsmen, Office R Pfo-
fessional Union Division of Local 2018, United Steelworkers of Amer-
ica, affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership` employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION,
The Company refuses to recognize either the A. F. of L. or the
C. I. O. as the exclusive collective bargaining representative of the
employees involved herein until such time as they have, been certified
by the Board. ,
A statement of a^Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that each union represents a substan-
tial number of, employees, in its proposed bargaining unit.'
We find that a question affecting commerce has arisen concerning
the representation of employees pf the Company, within the mean-
ing of Section 9 (c) and Section 2 (6).'and (7) of the Act.
IV. THE APPROPRIATE UNITS
The C. I. O. and the Compafly contend that the appropriate unit
should be comprised of all draftsmen, and office and factory clerical
employees, while the A. F. of L. seeks a unit comprised of only the
draftsmen.2
1 The Field Examiner reported that the A F of L presented 11, and the , C I 0 24.
application for membership cards There are approximately 03 employees in the unit -
sought by the A F of L , and approximately 35 in the unit sought by the C I 0
2 Draftsmen , tracers, and detailer are 'classified by the Company as Draftsmen "A". "B",
and ' C ", respectively At various times during the hearing the C I 0 'defined the unit
sought by it in terms of "all,ofice.and professional employees ," and "all technical and
professional employ ees , draftsmen , and office workers " However , the record is clear that
the unit agreed upon by the Company and the C I. 0 , with the exception of draftsmen, is
comprised of office and factory clerical workers and that there are no other technical or
professional emp7ove'n involved.
PACIFIC PLT\IPS, INC. 131-'
All employees, .involved in this proceeding.are housed in one main
general office building. The drawing room, in which the Company
has approximately. 16 draftsmen, ' 3 clerical employees, and 3 sales
engineers, is located on the second floor of 'the building and occupies
about 75 percent of the floor.3 It =is separated by a' partition. The
draftsmen are under separate supervision 'and their work, requiring
special skill' and training, is generally 'confined to'the''drawing -'room.
They are paid an hourly rate higher than the office and-factory cleri
cal employees. Although we haye included technical and professional
employees within a unit containing office and clerical workers, absent
contentions to -the contrary, we have,frequently had, occasion •to rec-
ognize the difference, in interests, backgrounds, .and functions be-
,tween the two groups, and our.general policy has been to place the
employees in these groups in separate units, unless the parties them-
selves raise no objection to their inclusion within a single unit.' In
view of the A. F. of L.'s request for a separate unit of draftsmen, we
shall adhere to our customary practice, and we shall establish two
separate units, one comprised of the draftsmen, and the other of all
office and factory clerical employees.,' -
We find that the following'groups of the Company's employees,
excluding in each instance in addition to others specifically mentioned
therein, all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute units appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
(1) All draftsmen "A",, `B", and 'C", excluding drafting clerks
and all other employees in the drawing room;
(2) All office and factory clerical employees, excluding draftsmen,
the assistants to the chief 'cost accountant, the chief of order and billing
department, the purchasing agent, and the auditor; the paymaster;
private secretaries to the president and vice president; time clerks;
time-study men; and the sales engineers.s - 11
3 All partie' agree that the sales engineers should be excluded. The clerical employees
in the drawing room fall within the description "office and factory clerical emplo} ees
' See Matter of Spicer Mannfactnrinq Corporation, 55 N L R B 1491
3 Cf Matter of dint+ss - Wiight Corporation, 63 N L R B . 207. In that case there was
an unusual community of interest between technical and clerical workers engaged at the
employer's Columbus plant, which was solely involved in the proceeding In addition, at
other of the employer's plants there was a history of collective bargaining on the basis of
units including both , technical and clerical personnel Consequently , we ;directed self-
determination elections among two separate groups of workers at the Columbus plant,
namely technical employees and clerical employees
e In addition to the sales engineers , all parties agreed to the other specific exclusions
mentioned above
1
132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen beIresolved by means of separate elections by secret ballot
among the employees in the appropriate units who were employed
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTIONS
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective `bargaining with 'Pacific Pumps,
Inc., Huntington Park, California, separate 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 super-
vision 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 Regula-
tions, among the employees in the appropriate units set forth in
Section IV, above, who were employed during the pay-roll period
immediately preceding the date 6f 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, and 'who have not been rehired or reinstated
prior to the date'of the elections, to determine (1) with respect to
the employees included within unit (1), described in Section IV, above,
whether they desire to be represented by Technical Engineers, Archi-
tects and Draftsmen's Union, Local 94, A. F. of L., or by Pacific
Pump Technicians, Engineers, Draftsmen, Office & Professional Union
Division of Local 2018, U. S. A.-C. I. 0., for the purposes of collective
bargaining, or. by neither; and (2) with respect to the employees in-
cluded within unit (2), described in Section IV, above, whether or
not they desire to be represented by Pacific Pump Technicians, Engi-
neers, Draftsmen, Office & Professional Union Division of Local 2018,
U. S. A. `C. I. Q., for the purposes of collective bargaining.