The Layne-Texas Co., Ltd.

National Labor Relations Board - Board Decisions

Mar 3, 1950

88 N.L.R.B. 918 (N.L.R.B. 1950)

In-the Matter of THE LAYNE-TEXAS COMPANY, LTD., EMPLOYER and
LODGE No. 12, DISTRICT No. 37, INTERNATIONAL ASSOCIATION OF
MACHINISTS, PETITIONER
Case No. 39 RC-145.-Decided 111 arch 3,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Clifford W.
Potter, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record in this case; the Board finds :
1. The business of the Employer :
The Employer is a partnership engaged in the business of drilling
water wells, with its principal place of business located in Houston,
Texas. During the year 1949, the Employer's gross volume of busi-
ness was in excess of $1,000,000. During the same period, purchases
from outside the State amounted to over $200,000. Thirty percent of
the Employer's business was for industrial firms, several of which are
engaged in commerce within the meaning of the Act.
We find, contrary to the contention of the Employer, that it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. In accordance with the stipulation of the parties, we find that the
following employees of the Employer constitute a unit appropriate
1 Eunice Iron Work8, Inc., 80 NLRB 259.
88 NLRB No. 173.
918
THE LAYNE-TEXAS COMPANY, LTD. 919
for purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
All machinists, welders, pump mechanics, automotive mechanics,
and their helpers at the Employer's Houston, Texas, plant, located at
5402 Lawndale, except for office clericals, guards, and watchmen, pro-
fessional, and supervisory employees as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Lodge No. 12, District No. 37, International Association of
Machinists.