Unit Rig and Equipment Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 107 (N.L.R.B. 1945)

In the Matter,' of UNIT RIG AND EQUIPMENT COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 790, A. F. L.
Case No. 16-R-1325.-Decided October 12, 1945
Messrs. C. IA:'Kothe and H. L. Smith, of Tulsa, Okia., for the Com-
paaiy. rs
Messrs. Ira C. Haynes and G. R. Flickinger, of Tulsa, Okla., for
the Union.-
Miss Ruth E. Bliefield, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by.International Association of Machin-
ists, Local 790, A. F. L., herein called the Union, alleging that a'ques-
tion affecting commerce had arisen concerning the representation of
employees of Unit Rig and Equipment Company, Tulsa, Oklahoma,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William J.
Scott, Trial Examiner. Said hearing was held at Tulsa, Oklahoma, on
June 26, 1945. The Company and the Union appeared and' partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an 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
Unit Rig and, Equipment Company,, a partnership with its main
offices and sole plant, at Tulsa, Oklahoma, is engaged in the manu-
facture and servicing o'f•oil field drilling rigs and service hoists:. Dur-
ing the year. 1944 it purchased -raw materials • valued, in excess of
$3,000,000, the greater portion of which was purchased outside • the
64 N L. R. B., No. 23. , .
107
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
State of Oklahoma. During the same period the Company's sales of
finished products, amounted to more than $1,000,000, a substantial
portion of which, was sold to customers outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of 'the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Local 790, affiliated with
the American Federation of Labor, is a labor organization admittin'
to membership-employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union a^ the
exclusive bargaining representative_of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
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. TIIE APPROPRIATE UNIT
i
The only issue betwwwden the parties regarding the composition of the
unit relates to the two nurses in the first aid department , the Company
desiring their inclusion , and the Union their exclusion . One is a
graduate nurse, and the other is also,qualified as a nurse . Their duties
entail caring for all employees of the Coinpairy . Inasmuch as these
employees are not engaged in production or maintenance work, and
in view of the specialized character of their services , we shall exclude
the nurses in the first aid department from the unit=
We find, in accordance with the agreement of the parties ,- and our
finding above , that all employees of the Company in the machine shop,
toolrooms , tool crib, inspection department , assembly department, serv-
ice men's department , maintenance department , yard,gang, shipping
and receiving department , stockroom and stores , welding department,
shell department , janitors , and working foremen ,3 but excluding nurses
' The Field Examiner reported that the Union submitted 120 authorizatiofi cards, all
of which bore apparently genuine original sigAatures , and that the names of 95 ' persona`
appearing on the cards were listed on the Company ' s pay roll of April 8, 1945 , which con-
tained the names of 179 employees in the appropriate uunit.
2 See Matter of The Harrison Steel Castings Company , 63,N L R. B 585
' These , employees are not supervisory within the meaning of the Board's customary
definition.
UNIT RIG AND EQUIPMENT COMPANY 109
in the first 'aid department,; .guards,, ,office personnel, employees in
the engineering department,, machine shop foreman ,4 night foreman
of: the machine shop,5 machine shop supervisory foreman," toolroom
foreman ;7 asseinl?ly departnent forenian,8, service department' m^ln-
ager," welding department forenlan,1s shell department ,supervisor,'
the supervisory engineersuperintendents, and all other supervisory
employees with authority to ]lire, promote, discharge, discipline,.or
otherwise effect changes in,the status of employees, or effectively recom-
mend 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 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
berm}, subject to the limitations and additions set forth in the Di-
rection.
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 Unit Rig, and
Equipment Company, Tulsa, Oklahoma, 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 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 the pay-roll period immediately preceding the date
of. this Direction, including employees who did not work during the
said pay-roll period because they were ill or on vacation or temporarily
Paul Everhart.
One Finley.
s Al Owens
Fred Sanford
° Leslie Steward.
° Tom Perry.
10 Clifford Judkins.
"B B Brener.
'a John Newton.
1
110 DECISIONS' OF NATIONAL LABOR RELATIONS' BOARD
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 of not they desire to be represented by International Associ-
ation of Machinists, Local No: 790, A.' F. L.; for the purposes of col-
lective bargaining.
I-
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