Robert H. Clark Co.

National Labor Relations Board - Board Decisions

Aug 20, 1945

63 N.L.R.B. 429 (N.L.R.B. 1945)

In the Matter of ROBERT H. CLARK COMPANY and MECHANICS EDU-
CATIONAL SOCIETY OF AMERICA, LOCAL 75
Case.No. 01-R-2898.Deeided August 90, 1945
Messrs. Latham & Watkins, by Mr. Paul R. Watkins, of Los Angeles,
Calif., for the Company.
Mr. Karl E. Pauli, of Los Angeles, Calif., for the Union.
Mr. David P. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Mechanics Educational Society of
America, Local 75, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Robert H. Clark Company, Beverly Hills, California, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before William T. Whit-
sett, Trial Examiner. Said hearing was held at Los Angeles, Cali-
fornia, on June 27, 1945. The Company and the Union appeared and
participated. All parties 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 an 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
Robert H. Clark Company is a partnership engaged in the manu-
facture and distribution of adjustable cutting tools. During the year
1944, the Company purchased raw materials for use in its business
valued in excess of $150,000, of which approximately 90 percent repre-
sents purchases originating outside the State of California. During
63 N. L. It. B., No. 65.
429
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the same period, sales of the Company's finished products exceeded
$400,000 in value, of which approximately 85 percent represents the
value of products sold and shipped outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Mechanics Educational Society of America, Local 75, is a labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with the agreement of the parties made
at the hearing, we find that all production and" maintenance employees
of the Company, including shipping, receiving, and tool crib em-
ployees, truck drivers, inspectors, all leadmen except assembly depart-
ment leadmen, but excluding office and clerical employees, production
clerk, and 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 a unit appro-
priate 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 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 Election
herein, subject to the limitations and additions set forth in the
Direction.
1 The Field Examiner reported that the Union submitted 30 application cards, and that
there were 74 employees in the appropriate unit.
ROBERT H. CLARK COMPANY 431
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 Relations
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 Robert H. Clark
Company, Beverly Hills, 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 Regulations,
among the 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 any 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 Mechanics
Educational Society of America, Local 75, for the purposes of collec-
tive bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.