Shepherd Machinery Co.Download PDFNational Labor Relations Board - Board DecisionsMar 8, 1956115 N.L.R.B. 736 (N.L.R.B. 1956) Copy Citation 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 Copy with citationCopy as parenthetical citation