Simpson Steel Co.

National Labor Relations Board - Board Decisions

Feb 28, 1945

60 N.L.R.B. 985 (N.L.R.B. 1945)

In the Matter Of SIMPSON STEEL COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA; C. I. O.
Case No. 2l-R--594.-Decided February P8, 1945
Messrs. A. N. Simpson, Jr:, and Fauster Hill, of Vernon , Calif., for
the Company.
Katz, Gallagher & Margolis , by Mr. Leo Gallagher , of Los Angeles,
Calif., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE C
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
C. I. 0., herein called the'Union , alleging that a question affecting
commerce had arisen concerning the representation of employees of
Simpson Steel Company , Vernon , California , herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Charles M. Ryan, Trial Examiner.
Said hearing was held at Los Angeles , California , on February 12,
1945. The Company and the Union appeared , participated , and 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 opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TILE BUSINESS OF THE COMPANY
Simpson Steel Company is a partnership operating a plant at East
51st Street, Vernon, California , where it is engaged in the manufacture
of bulkheads and generator housings for the United States Army Air
60 N. L. R. B., No. 167.
985
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Forces. The Company produces products valued in excess of $150,000,
monthly.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced -into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees at
the East 51st Street plant of the Company, including leadmen, but
excluding office, clerical, and supervisory employees, constitute an
appropriate unit. The only controversy with respect to the unit con-
cerns truck drivers. The Company would include them in the unit
while the Union takes no position with respect to them.
The Company employs three persons classified by it as truck drivers.
They spend about 50 percent of their time working in the stockroom
or performing maintenance work around the plant. We shall include
them in the unit.
We find that all production and maintenance employees at the East
51st Street plant of the Company, including truck drivers and lead-
men,2 but excluding 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
1 The Field Examiner reported that the Union presented 63 membership application cards
bearing names of persons who appear on the Company 's pay roll of January 7, 1945.
There are approximately 147 employees in the appropriate unit.
2 The leadmen do not have authority to recommend effectively the hire, discharge, promo-
tion, or discipline of any employees.
SIMPSON STEEL COMPANY 987
recommend such action, constitute a unit appropriate for the pur-
poses 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 means of an election by secret ballot among
the employees 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.
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 Rela-
tions 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 Simpson Steel
Company, Vernon, 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 sub-
ject 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 vaca-
tion 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
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations , for the purposes of collective bargaining.