The Boardman Co.

National Labor Relations Board - Board Decisions

Jul 3, 1945

62 N.L.R.B. 1112 (N.L.R.B. 1945)

In the Matter of THE BOARDMAN Co. and INTERNATIONAL ASSOCIATION
OF BRIDGE , STRUCTURAL AND ORNAMENTAL IRON WORKERS, SHOP-
MEN'S LOCAL UNION 546, A. F. OF L.
Case No. 16-R-1330.-Decided July 3, 1945
Messrs. Edward Spiers and H. R. Lunn, of Oklahoma City, Okla., for
the Company.
Messrs. Leonard E. Parker and Dean Baugh, of Oklahoma City, Okla.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Bridge, Struc-
tural and Ornamental Iron Workers, Shopmen's Local Union 546, A. F.
of L., herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Boardman
Co., Oklahoma City, Oklahoma, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due notice
before John H. Garver, Trial Examiner. Said hearing was held at Okla-
homa City, Oklahoma, on May 21, 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. THE BUSINESS OF THE COMPANY
The Boardman Co: is a Delaware corporation operating a plant at Okla-
homa City, Oklahoma, where it is engaged in the manufacture, distribu-
62 N. L. R. B., No. 140.
1112
THE BOARDMAN CO. 1113
tion and sale of special equipment for defense industries. The Company
annually uses raw materials at its Oklahoma City plant valued in excess
of $500,000, 95 percent of which is shipped to it from points outside the
State of Oklahoma. The Company annually sells materials from its Okla-
homa City plant valued at about $900,000, 13 percent of which is shipped
to points outside the State of Oklahoma.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Bridge, Structural and Ornamental Iron
Workers, Shopmen's Local Union 546, is a labor organization affiliated
with the American Federation of Labor, admitting to membership employ-
ees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION.
During April 1945 the Union requested recognition of the Company
as exclusive bargaining representative of the employees at the Oklahoma
City plant. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial 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 meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees of
the Company at its Oklahoma City plant, excluding engineers, watchmen,
draftsmen, clerical employees, salesmen, and supervisory employees, con-
stitute an appropriate bargaining unit. The Company contends that all of
its employees, excluding only supervisory employees, constitute an appro-
priate unit.
Since no affirmative showing has been made, nor any compelling argu-
ments advanced, as to why we should depart from our usual practice of
excluding clerical employees and salesmen from a unit composed of pro-
duction and maintenance employees, we shall exclude the clerical em-
ployees and salesmen from the unit.
We shall likewise exclude the draftsmen and the engineers from the unit
because of their special training and skill, in accordance with our usual
practice of not including professional or technical employees in the same
unit as regular production and maintenance employees.
i The Field Examiner reported that the Union presented 47 membership application cards. There
are approximately 136 employees in the appropriate unit.
11.14 DECISIONS UI* NA`ION,,y L AB O R RELAT IONS BOARD,
The Company employs two watchmen who work under the supervision
of the production superintendent . The watchmen , are neither militarized
nor deputized and also perform manual tasks such as loading trucks and
cleaning up the Company 's premises . We shall include the watchmen in
,the unit.
We find that all production and maintenance employees of the Company
at its Oklahoma City plant, including watchmen , but excluding clerical
employees , salesmen, draftsmen , engineers , and all supervisory employees
with authority 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 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 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 representatives
for the purposes of collective bargaining with The Boardman Co., Okla-
homa City, Oklahoma, 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 Sixteenth 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 said pay-roll- period
immediately preceding the date of this Direction, including employees who
did not work during the 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 International Association of Bridge,
Structural and Ornamental Iron Workers, Shopmen's Local Union 546,
A. F. of L., for the purposes of collective bargaining.