The Murray Co.

National Labor Relations Board - Board Decisions

Jan 14, 1943

46 N.L.R.B. 1097 (N.L.R.B. 1943)

In the Matter of THE MURRAY COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LOCAL 1015
.Case No. R-4664.-Decided January 14,` 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and, Certification of Representatives : existence of question :
refusal to accord recognition without certification of the Board ; election
necessary.' I
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at Company's, Shell plant, excluding stnckkeepers, timekeepers,
guards, and clerical and supervisory employees ; agreement as to ; set-up men
included when limited character of their authority did not justify their exclu-
sion as supervisors.
Mr. H. N. Mitchell, of Dallas, Tex., for the Company.
Mr. Charles A. Gadd, of Dallas, Tex., for the I. A. M.
Messrs. A. R. Hardesty and R. P. Peck, of Dallas, Tex., and Mr.
7'. H. Harris, of Richardson, Tex., for the C. I. O.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Local 1015, herein called the I. A. M., alleging that a question affect=
ing commerce had arisen concerning the representation of employees
of The Murray Company, Dallas, Texas, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Elmer Davis, Trial Examiner. Said
hearing was held at Dallas, Texas, on December 11, 1942; The Com-
pany, the I. A. Al., and United Steelworkers of America, C. I. O.;
herein called the C. I. 0., 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 Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. -
Upon the entire•record in the case, the Board makes the following:
46 N. L. R. B., No. 127.
1097
1098
I
DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Murray Company, a Texas corporation having its principal
office and plants at Dallas, Texas, Ifs normally engaged in the manu-
facture and sale of. cotton gin equipment. ' At the present time, in
addition to its normal business, the Company is engaged in the manu-
facture of various war materials. Only the Company's Shell plant,
which is devoted exclusively.,to the production of war materials, is
involved in this proceeding. The Company annually purchases raw
materials valued in excess of $700,000, approximately 90 percent of
which is shipped to its Dallas plant from points outside the State
of Texas. All of the war material and 70 percent of the gin equip-
ment are shipped to places outside the State of Texas. The Company
concedes that it is engaged in commerce within the meaning of the
National Labor Relations Act. .
II. THE ORGANIZATIONS -INVOLVED
International Association of Machinists, Local 1015, is a labor organ-
ization admitting to membership employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations; admitting'to nielnber-
ship employees of the Cornpany.
III. THE QUESTION CONCERNING REPRESENTATICN
On or about October 31,1942,a representative of, the I. A. M. advised
the Company that it represented a, majority of the production, and
maintenance employees in the Company's Shell plant and requested
recognition as their exclusive bargaining agent.' The Company re-
fused to accord recognition to the-I. A. M. without certification by,the
Board. V '
- A statement of a Field Examiner for the Board, introduced in evi-
dence at the hearing, and'a statement of the Trial Examiner, made at
the hearing, indicate that the'I. A. M. and the C. I. O. each represents
a substantial' number of employees in the unit hereinafter found
appropriate.'
1 The Field Examiner stated that the I A M. submitted 212 authorization cards; .all
bearing apparently genuine original signatures ; of these, 164 bear names of persons
listed oil the Company 's pay roll of November 12, 1942 , which pay roll lists 259 employees
in the unit hereinafter found appropriate . The Field ExanTiner further stated that the
6. I O submitted 59 authorization cards , all bearing apparently genuine original signa-
tures ; of these , 38 bear names of persons listed on the Company ' s pay ioll of November
12, 1942 _
The Trial Examiner stated that the I. A. M. submitted 16 additional authorization cards,
of which 12 bore the names of persons on the Company's pay roll of December , 8,-1942;
that the C . I. O. submitted 53 additional authorization cards , of which 38 bore the
names of persons on the Company 's pay roll of December 8, 1942.
THE' MURRAY - COMPANY 1099
We-find that a question affecting commerce has arisen concerning
the-representation of, employees of the Company, within the meaning
ofSection'9 (e)-anddSection 2 (6) and '(7) of the-National Labor. Re-
lations Act.
IV. TIIE APPROPRIATE UNIT
The parties agreed, and we find, that all production and maintenance
employees in the Company's Shell plant, excluding stockkeepers, time-
keepers, guards, and clerical and supervisory employees,2 constitute an
appropriate bargaining unit. -
There is disagreement among the parties with respect to the follow-
ing employees and groups of employees :
1. The I. A. M. and the Company desire the inclusion of Dave
McNamara, while the C. I. 0. is opposed. McNamara. is chief tool
maker, with general supervision over three tool making shifts. He is
paid'on an hourly basis at a rate higher than the tool makers under
his charge, and his recommendations as to hiring and discharge are
generally followed by the Company. We shall exclude him from the
unit as a supervisor. '
2. The I. A. M. and the Company would include Robert Webber
and Neal Timierello in the unit. These employees are "leadmen" in
charge of separate shifts in the tool making department under
McNamara. Their recommendations as to hiring and discharge are
observed by the Company. We shall exclude them as supervisory
employees.
3. John Carter, Dan Simmons, and 'Clyde Tillman are in charge
of the heat treater on three separate shifts, each exercising super=
visory, authority over the employees on his shift. Their recommenda-
tions in respect to hiring and discharge are followed by the Company.
We shall exclude them from the unit as supervisors.
4. Scott Bower supervises four employees in what is termed the
"clean-up gang." He is paid on an hourly basis at a rate higher than
the men under his supervision and has the power to recommend
hiring and discharge. We find that Bower is a supervisor and shall,
therefore, exclude him from the unit.
5. B. C. Tatum is "leadman" in the tool grinding department, with
approximately six men under his supervision. His recommendations
in regard to hiring and discharge are observed by the Company.
We shall- exclude Tatum as a supervisor.
6. Jack Turpin is chief inspector, with supervision i over 20 em-
ployees. He is paid on an hourly basis at a rate higher.than the
R The parties stipulated , and we find , that the following named supervisors should be
excluded from the unit: J. W. Beahle, plant superintendent; C. W Bodde, assistant plant
superintendent ; S. E. Walker, night foreman; B . Wadley and Joe Roberts, shift foremen.
They further stipulated , and we find , that Clarence Surratt and one Miller , clerical
employees in charge of car loading , should be excluded from the unit as clerical employees.
1100` DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
employees under his charge and his recommendations as'to hiring
and discharge are followed by the _Company. We shall exclude
Turpin as a supervisor.
7. The Company and the I. A. M. desire the exclusion of the 2
"lead-off" inspectors. These employees work under the general
supervision of Turpin, but, in turn, each has supervision over approx-
imately 20 employees on 2 separate shifts. Their recommendations
in respect to hiring and discharge 'are also followed by the Company.
We shall exclude the 2 "lead-off" inspectors as supervisors.
8. -"Set-up" men, whose inclusion in the unit is desired -by, the
Company and the I. A. M., work directly under the supervision of
the shift foremen. It is their duty to see that machines are set up
and-'operated properly by' the production employees. We shall
include them in the unit, for the limited character of their authority
over the production employees does not justify their exclusion as
supervisors. f
We find that. all production and maintenance employees in the
Company's- Shell plant, including set-up men, but excluding stock-
keepers, timekeepers, guards, and clerical and supervisory employees,
constitute a unit appropriate for the purposes of collective bargain-
ing 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 an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election herein,
-subject to the limitations and additions set forth in the Direction.'
DIRECTION OF ELECTION
By virtue,of and pursuant, to, the4 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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Murray
Company, Dallas, Texas, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30)-days..from
the date of this Direction, under'the direction and supervision of the
8 The contention of the C . I. 0. that an election at this time would be premature on
the ground that the plant is not yet at peak employment is not borne out by the record.
On the contrary , the record discloses that,.at the present time , there are 411 employees
on the pay roll and the Company stated that it does not expect to,hire more than an addi-
tional 14. The complement is thus sufficiently complete ' to hold an election at this time.
THE MURRAY COMPANY 1101
Regional Director for the Sixteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, 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 the Direction herein, including employees who did not work
during such 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 employees who have since quit or been discharged for
cause, to'determine whether they desire to be represented by Inter-,
national Association of Machinists, Local 1015, or by United Steel-
workers of America, C. I. 0., for the purposes of collective bargain-
ing, or by neither.
MR. WM. M. LmsLRSON took no part in the consideration of the
above Decision and Direction, of Election.