The Union Diesel Engine Co.

National Labor Relations Board - Board Decisions

Oct 17, 1942

44 N.L.R.B. 1297 (N.L.R.B. 1942)

In the Matter of THE UNION DIESEL ENGINE COMPANY-and FEDERATION
OF ARCHITECTS , ENGINEERS , CHEMISTS AND TECHNICIANS , C. I., O.
Case No. R-4330.-Decided October 17,1942
Jurisdiction : diesel engine manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary
Unit Appropriate for Collective Bargaining : drafting-room employees, exclud-
ing employees having authority to hire or discharge
Mr. J. Pau St. Sure , of Oakland , Calif., for the Company.
Mr. Marcel Scherer and Mr. V. Fowlks, of Berkeley , Calif., 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 Federation of Architects, Engineers,.
Chemists and Technicians, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Union Diesel Engine Company, Alameda, Cali-
fornia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before.
Gerald P. Leicht, Trial Examiner. Said hearing was held at San
Francisco, California, on September 28, 1942. The Company and the
Union appeared, participated, and were afforded Mull 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE 13USINESS OF THE COMPANY
The Union,Diesel Engine Company is a California corporation
with its principal place of business at Alameda, California, where it:
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1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the manufacture of diesel engines. During the first 6
months of 1942, the:Company.purchased raw materials valued in excess
of $378,000, approximately 60 percent of which was shipped to it from
outside California. During the same period the Company sold finished
products valued in excess of $650,000, approximately 90 percent of
which was shipped out of California. The Company admits, for the
purpose of this proceeding, that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Federation of Architects, Engineers, Chemists and Technicians is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the,exclusive repre-
sentative of certain of the Company's employees until such time as the
appropriate bargaining unit is determined by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of the
employees in the unit hereinafter found appropriate."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all persons employed in the drafting room
of the Company, excluding employees who-have the authority to hire
or discharge, constitute an appropriate unit: The only controversy
with respect to the-unit concerns Elliott Jansen.
Jansen is designated by the Company as engineer and draftsman.
The Union contends that he should be excluded from the unit because
he is a supervisory employee. The Company disputes this conten-
tion and urges Jansen's inclusion in the unit. The record indicates
that Jansen spends at least 75 percent of his time performing the same
duties as other employees in the drafting room and that he merely
transmits orders from the chief engineer. It appears that Jansen
has no authority to recommend the hire, discharge, or discipline of
any employee. We shall include Jansen in the unit.
The Trial Examiner stated that the Union presented 2 membership-application cards
bearing apparently genuine signatures of persons - whose names -appear on- the Company's
pay roll of September 19, 1942 There are 4 employees in the unit hereinafter found to
he appropriate.
THE UNION DIESEL ENGINE COMPANY 1299
We find that all,persons in the drafting room of the Company, in-
cluding Elliott Jansen, but excluding employees who have the author-
ity to hire or discharge , 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 an election by secret ballot among the em-
ployees 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 8, of National Labor Rela-
tions 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 Union Diesel
Engine Company , Alameda, 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 super-'
vision of the Regional Director for the Twentieth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, 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 any such employees who did not
work during said pay-roll period because they were ill or on vacation
or in the active military service or training pf the United States, or
temporarily laid off, but excluding any who have since quit or been
discharged for cause , to determine whether or not they desire to be
represented by Federation of Architects, Engineers, Chemists and
Technicians, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
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