Shepherd Machinery Co.

National Labor Relations Board - Board Decisions

Mar 8, 1956

115 N.L.R.B. 736 (N.L.R.B. 1956)

4
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Williard W. Shepherd and Norma D. Shepherd, d/b/a Shepherd
Machinery Company, Petitioner and International Union of
Operating Engineers , Local Union No. 12, AFL-CIO, and Team-
sters' Automotive Workers Local Union No. 495, AFL-CIO.
Gtase No. 01-RM-380. March 8,1956
DECISION AND DIRECTION OF ELECTION
Upooi a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Paul J. Driscoll, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds : 2
1. The Employer is engaged in commerce within the meaning of
the Act.'
2. The labor organizations involved claim to represent certain
employees of the Employer.'
3. The Employer is engaged in the sale and servicing of heavy duty
construction equipment. It seeks a determination of the bargaining
representative of employees at its establishment in Los Angeles, Cali-
fornia. The issue is whether the Unions have demanded recognition
as bargaining representative, and, if so, whether they have effectively
disclaimed such interest.
The Engineers informed the Employer, in January 1955, that it was
interested in negotiating a contract covering certain employees of the
Employer. Thereafter, during March and April 1955, the Engineers
made several attempts to discuss contract terms with the Employer,
culminating in the Employer's suggestion that a Board election be
held to determine the Engineers' majority status. The Engineers,
however, stated that it did not desire to go to ,ari election, whereupon
the Employer filed a petition with the Board on April 8,1955 e Three
days later the Engineers filed a disclaimer with the, Board and, on
April 15, 1955, the Regional Director dismissed the petition.
Early in May, the Unions called a meeting of all "Non-Supervisory
Employees of Equipment Dealers and Parts Houses" for the purpose
We hereby take judicial notice of our decisions in Casey-Metcalf Machinery Co, et at,
114 NL1tB 1520, and Crook Company and Shepherd Machinery Company, 115 NLRB 23,
and incorporate the records at those cases with the present record so fur is is pertinent
to this Decision and Direction of Election
- do motions wer e made to amend the names of the Einploy-ei and the Unions at the
hearing hoeeeve, Ae haie amended them so as to reflect the correct designations of the
pa rties
An official of the Eurploo ei testified at the healing that, dnung the preceding calendar
Neai, the Employer's direct out-ot-State puichases exceeded $500.000 and that its direct
out-of-State sales were in excess o1. $50,000 Accoidnigly, we find that it will effectuate
the purposes of the Act to asseit juiisdiction in this case Jon.esboio Grain Drying Coop-
erative„ 110 NLRB 481 , Crool Company, supra