Seattle Drum Co.

National Labor Relations Board - Board Decisions

Feb 6, 1945

60 N.L.R.B. 440 (N.L.R.B. 1945)

In the Matter Of SEATTLE DRUM COMPANY and INTERNATIONAL LONG-
SHOREMEN 'S & WAREHOUSEMEN 'S UNION, C. I. 0.
Case No. 19-R-1465.-Decided February 6, 1945
Messrs. John Ambler, George D. Leonard, and L. C. Nelson, of
Seattle, Wash., for the Company.
Messrs. O. L. Deari'rger and Steve Glumaz, of Seattle, Wash., for
the C. I. O.
Messrs. Samuel B. Bassett, and Fred Bowen, of Seattle, Wash., for
the A. F. L.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
. STATEMENT OF THE CASE
Upton a petition duly filed by International , Longshoremen's &
Warehousemen's Union, C. I. 0., herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Seattle Drum Company, Seattle, Washing-
ton, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before John E.
Hedrick, Trial Examiner. Said hearing was held at Seattle, Washing-
ton, on January 5, 1945. The Company, the C. I. O., and the Ware-
housemen's Local Union,-No. 117, A. F. L., herein called the A. F. L.,
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 affiimed.
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
Seattle Drum Company, a partnership consisting of Hugh C. Under-
wood, L. L. S. Nelson, and L. C. Nelson, having its principal place of
business at 7321 8th Avenue South, Seattle, Washington, is engaged
60 N. L. R. B., No. 84.
-11440
SEATTLE DRUM COMPANY 441
in reconditioning oil drums for the Quartermaster Corps of the United
States Army. The Company is presently operating under, a contract
for the reconditioning of 500,000 drums. The drums, the property of
the United States, are delivered to the Company. After recondition-
ing, the Company prepares bills of lading and loads them on the cars
or trucks for shipment to places designated by the Quartermaster
Corps.
The Company admits that- it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Longshoremen's & Warehousemen's Union, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting .to membership employees of the Company.
Warehousemen's Local Union No. 117, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of its- employees until the
C. I. O. 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 C. I. O. represents a substantial 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
The parties generally agree that a unit of all production and main-
tenance employees of the Company, excluding the welders, clerical
workers, and supervisors would be appropriate. The Company, how-
ever, would exclude the leadmen; the petitioner would include them.
There are 1 foreman and 2 leadmen on each of the Company's 3
shifts of from 21 to 36 employees. The uncontradicted evidence shows
that the leadmen may effectively recommend discharge and the change
in status of employees under their supervision. Although the fore.-
The Field Examiner reported that the C. I. 0 submitted 40 cards ; that the names of 26
persons appearing on the cards were listed on the Company 's pay roll of December 10, 1944,
and that the cards were dated 4 in November 1944, 17 in December 1944, and 5 were un-
dated. There are between 60 and 100 employees in the alleged appropriate unit.
The A F. L. submitted 11 cards. The names of 6 persons appearing on the cards were
contained in the aforesaid pay roll . The cards were dated 4 in November 1944, and 2 in
December 1944.
_442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
man conducts an independent investigation as to the recommendations
of the leadmen, such recommendations are followed in the large ma-
jority of cases. We-find that the leadmen are supervisory employees
-within our usual definition thereof, we shall exclude them.
We find that all production and maintenance employees, but ex-
cluding welders, clerical employees, the plant superintendent, the shift
foremen, the leadmen and all other supervisory employees with au-
thority 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 bar-
gaining 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.
The intervenor contends that 22 employees of the Company, who
were formerly employed by another Company (Arcweld Manufac-
turing Company), are ineligible to vote. These employees, although as-
sured by Arcweld of an opportunity to return to their former positions
*when conditions warrant it, were separated from Arcweld and hired
by the Company through the United States Employment Service after
a certificate of availability had been furnished. Under the regulations
of the War Manpower Commission these employees apparently will
be required to procure a certificate of availability before they can be
reemployed by Arcweld; accordingly, it is clear that they are not now -
employees of that Company. In view of this fact and since their pres-
ent employment with the Company will continue for an indefinite
period, we find that they are eligible to participate in the election
-directed hereinafter .2
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 Seattle, Drum
Company, Seattle, Washington, an election by secret ballot shall be
3 See Matter of Yoder Company, 53 N. L. R. B. 653.
SEATTLE DRUM COMPANY 443
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 Nineteenth 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 em-
ployees 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 the
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 they desire to- be represented by International
Longshoremen's & Warehousemen's Union, C. I. 0., or by Warehouse-
men's Local No. 117, A. F. L., for the purposes of collective bargaining,
or by neither.