Pacific Tube Co.

National Labor Relations Board - Board Decisions

Oct 17, 1944

58 N.L.R.B. 1080 (N.L.R.B. 1944)

In the Matter Of PACIFIO TUBE COMPANY and CENTRAL LABOR- COUNCIL
ORGANIZING COMMITTEE
In the Matter Of PACIFIC TUBE COMPANY and CENTRAL LABOR COUNoIL
ORGANIZING COMMITTEE
Cases Nos. 21-R-2461 and 21-R-2462, respectively.-Decided
October 17,1944
O'Melveny cC Myers, by Mr. W. B. Carman, Jr., of Los Angeles,
Calif., for the Company.
Messrs. W. J. Bassett and C. C. Liles, of Los Angeles, Calif., for the
Committee.
Mr. Gilbert C. Anaya, of Los Angeles, Calif., for the U. S. A.
Mr. W. A. McGowan, of Los Angeles, Calif., for the Association.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Central Labor Council Organ-
izing Committee, A. F. of L., herein called the Committee, alleging that
questions affecting commerce had arisen concerning the representation
of employees of Pacific Tube Company, Los Angeles, California,
herein called the Company, the National Labor Relations Board con-
solidated the cases and provided for an appropriate hearing upon due
notice before Louis Plost, Trial Examiner. Said hearing was held
at Los Angeles, California, on September 13, 1944. At the commence-
ment of the hearing the Trial Examiner granted motions of United
Steelworkers of America, District 38, C. I. 0., herein called the U. S.
A., and Pacific Tube Company Employees Independent Association,
herein called the Association, to intervene. The Company, the Com-
mittee, the U. S. A., and the Association appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the course of the hearing counsel for the Company moved to
58 N. L . R. B., No. 203.
1080
PACIFIC TUBE COMPANY 1081
dismiss both petitions. The Trial Examiner reserved rulings thereon.
The motions are hereby denied. 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
1. THE BUSINESS OF THE COMPANY
Pacific Tube Company-is a Delaware corporation operating a plant
at Los Angeles, California, where it is engaged in the manufacture of
seamless steel tubing. During 1943 the Company purchased about
6,200 tons of raw materials to use at its Los Angeles plant, all of which
was shipped to it from points outside the State of California. During
the same period the Company sold products from its Los Angeles
plant, valued at about $1,500,000, all of which was sold to the United
States Navy, airplane manufacturers, and oil refinery companies.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TIIE ORGANIZATIONS INVOLVED
Central Labor Council Organizing Committee is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Crompany.
United Steelworkers of America, District 38, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Pacific Tube Company Employees Independent Association is an
unaffiliated labor organization, admitting to membership employees
of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On June 1, 1944, the Committee requested the Company to recog-
nize it as the exclusive collective bargaining representative of the two
groups of employees involved herein. The Company refused this re-
quest on the ground that it was operating under a contract with the
Association covering certain of the employees.
On September 18, 1943, the Company and the Association entered
into an exclusive bargaining contract covering the production and
maintenance employees. Said contract has no expiration date but
states that it may be terminated at any time prior to October 1, 1944,
upon written notice of either party.thereto. Inasmuch as the contract
has been in effect for over a year and is for an indefinite period of time,
1082 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
we find that it does not constitute a bar to a determination of repre-
sentatives at this time.
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicate that the Committee and the Association
each represents a substantial number of employees in the production
and maintenance unit hereinafter found to be appropriate and that the
Committee represents a. substantial number of employees in the officers
and guards unit J
We find that questions affecting commerce have 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 UNITS
We find, in substantial accord with a' stipulation of the parties, that
all production and maintenance employees at the Los Angeles plant'
of the Company, including storeroom and toolroom employees, but
excluding special officers and guards, office and clerical employees, 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, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
The Committee, in addition, urges that a separate unit of special
officers and guards at the Los Angeles plant of the Company, exclud-
ing supervisors, constitutes an appropriate bargaining unit. The
Company stated that it doubted the propriety of setting up such em-
ployees as a bargaining unit. The special officers and guards are
armed, uniformed, and sworn as Auxiliary Military Police. How- -
ever, they are hired and discharged by the Company and carried on
its regular pay roll. Despite the peculiar relationships which plant
protection employees bear to management, they ate not to be denied
any of the rights and privileges granted under Section 7 of the Act 2
We find that all special officers and guards at the Los Angeles plant
of the Company, excluding supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute
i The Field Examiner reported that the Committee and the Association presented 63 and
96 authorization cards respectively, bearing the names of persons who appear on the Com-
pany's production and maintenance pay roll of August 10, 1944. There are approximately
210 employees in the production and maintenance unit He further reported that the
U. S. A. presented 32 membership application cards hearing the names of persons on the
August 10, 1944, production and maintenance pay roll The Field Examiner also reported_
that the Committee presented 4 authorization cards bearing the names of persons who
appear on the Company's August 10, 1944, officers and guards pay roll. There are 4
employees in the officers and guards unit.
See Matter of Chrysler Corporation, Highland Park Plant, 44 N. L. R. B. 881.
PACIFIC TUBE COMPANY 1083
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
V. THE DETERMIINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions 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 Tube Com-
pany, Los Angeles, 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 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 Regulations,
among the following groups of employees of the Company 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 and have not
been rehired or reinstated prior to the date of the election :
(1) To determine whether the employees in the production and
maintenance unit described in Section IV, above, desire to be repre-
sented by Central Labor Council Organizing Committee, A. F. of L.,
or by United Steelworkers of America, District 38, C. I. 0., or by Pa-
cific Tube Company Employees Independent Association, for the pur-
poses of collective bargaining, or by none of said organizations;
(2) To determine whether or not the employees in the officers and
guards unit described in Section IV, above, desire to be represented
by Central Labor Council Organizing Committee, for the purposes
of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.