Wire & Metal Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1139 (N.L.R.B. 1945)

In the Matter of L. L. STONE, M. F. STONE, B. P. STONE, AND L. J.
STONE, CO-PARTNERS, DOING BUSINESS AS WIRE & METAL MANUFAC-
TURING COMPANY and WIRE METALS DIVISION OF LOCAL 2018, UNITED,
STEELWORKERS OF AMERICA, CIO
Case No. 21-B-2842.-Decided November 30,1945
Gibson, Dunn d Crutcher, by Messrs. J. Stuart Neary and William
M. Martin, of Los Angeles, Calif., for the Company.
Mr. Gilbert C. Anaya, of Maywood, Calif., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Wire Metals Division of Local 2018,
United Steelworkers of America, CIO, herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of L. L. Stone, M. F. Stone, B. P. Stone, and
L. J. Stone, co-partners, doing business as Wire & Metal Manufactur-
ing Company, Vernon, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Charles M. Ryan, Trial Examiner. The hear-
ing was held at Los Angeles, California, on July 25, 1945. The Com-
pany and the Union appeared and participated. All parties 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 an oppor-
tunity 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
L. L. Stone, M. F. Stone, B. P. Stone, and L. J. Stone are co-partners
doing business as Wire & Metal Manufacturing Company, Vernon,.
64 N. L. R. B., No. 192. 1139
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
California. At the time of the hearing the Company was engaged
wholly in the war effort. It manufactures metal and wire products
under contract specifications and blueprints. The principal raw ma-
terials used by the Company are steel sheets and bright basic wire.
During the year 1944, the Company purchased raw materials valued
at between $150,000 and $200,000, of which at least $20,000 in value
were purchased outside the State of California. During the same
period, finished products valued at approximately $1,000,000 were sold
to customers within the State. One of its customers, Consolidated
Steel Corporation, purchased from the Company fabricated steel
products valued at approximately $400,629.78, all of which were incor-
porated into ships which Consolidated Steel Corporation builds for
the United States Maritime Commission. This latter company has
previously been found to be within the jurisdiction of the Board.'
The Company does not deny, and we find, that it is engaged in com-
merce within the meaning of the National Labor Relations Act.2
H. THE ORGANIZATION INVOLVED
Wire Metals Division of Local 2018, United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as 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 em-
ployees in the unit hereinafter found appropriate .3
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.
i See Matter of Consolidated Steel Corporation , Ltd. (Wilmington Shipyard ), 55 N. L.
R. B 1373
2 See N L. R. B v. T W Phillips Gas d Oil Company, 141 F (2d) 304 (C. C. A 3) ;
N L. R B. v. Edinburg Citrus Association, 147 F. (2d) 353 (C C. A. 5) ; of Matter of
Gcorpe 7'. Purves, Jr, 61 N L. R B 217; Matter of New Market Steel Company, Inc.,
54 N L. R B 90. Matter of Crown Cork J Steel Company, Inc, 53 N L R B. 741.
3 The Trial Examiner reported that the Union submitted 54 authorization cards ; that
the names of 30 persons appearing on the cards were listed on the Company's pay roll of
June 1, 1945: that 7 of the cards were dated March 1945, 28 April 1945, 2 May 1945,
and 17 were undated • and that there were 89 employees in the unit alleged in the petition
to be appropriate. The Union's designations amounted to 33 5% of the employees in the
appropriate unit. At the hearing the Company requested that a cross-check of the peti-
tioner's cards he made against the Company's pay roll dated July 25, 1945, the date of the
hearing. Although a further check made by the Trial Examiner indicates that the Union's
percentage dwindled , due to a rapid turnover in personnel , we find that the Union's de-
creased showing of representation under such circumstances remains substantial See
Matter of Kellett Aircraft Corporation, 53 N. L R. B. 938.
WIRE & METAL MANUFACTURING COMPANY
IV. THE APPROPRIATE UNIT
1141
The Union seeks a, unit composed of all production and maintenance
employees of the Company, including the 'warehouseman and the
shipping clerk, but excluding all office and clerical employees, the
production planner, the production control employees, the tool crib
attendant, truck drivers, engineering draftsmen, leadmen, engineer in
charge of draftsmen, the night foreman, and all other supervisory em-
ployees. The Company contends that the production control em-
ployees, the tool crib attendant, truck drivers, engineering draftsmen,
and leadmen should be included in the appropriate unit.
Production control employees: The production control employees
include the material release clerk, production control dispatchers, and
the typist. The material release clerk accounts for material received
and used, its placement, and its movement throughout the plant. She
also figures material requirements, keeps records, and acts as assistant
to the plant manager. Upon occasion, she assembles, cuts wrappers,
makes masks in the paint department, serves as shipping clerk, and
assists in production. One production control dispatcher issues the
cost accounting work tickets and "translates," in the order in which
the manager of production wishes, the type of work that is required
to be completed, by delivering the appropriate work tickets to the nec-
essary leadmen and workers. He does some posting from the work
tickets taken in at the end of the day to the control records, in order
that the plant manager may know at all times where each individual
job stands and how many of each kind of item have been produced.,
Whenever necessary he goes out on the factory floor, issues work tick-
ets, carries messages to leadmen, moves material in order to keep ma-
chines operating and people working, loads trucks, and finds out where
a particular job. stands. The other production control dispatcher as-
sists the manager of production, carries messages to the leadmen, cuts
paper to size where it is necessary in production, operates a welding
machine and assembles on occasion. The typist works in the produc-
tion control booth under the same supervision as the other production
control employees. She does clerical work pertaining to production
control, and her duties are closely aligned with those of the other pro-
duction control employees. Since it is evident that the production
control employees are factory clericals having duties and interests
similar to those of the production employees, we shall include them in
the unit.,
Tool ct°ib attendant: This employee dispenses small tools, parts, and
perishable tools. She keep's records showing the names of the bor-
° See Matter of Vulran Mold and Iron Company, 62 N. L. R. B. 1219; Matter of Douglas
Aircraft Company, Inc., 60 N L. R. B. 876.
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rowers, how they are returnable, and how to charge their cost to the
respective jobs. She also assists in production. We shall include the
tool crib attendant in the unit.
Trucle drivers: The Company employs two truck drivers. Their
main duties are to make deliveries and pick-up materials, although on
occasion, rather than be subject to lay-off for any period of time, they
assist in production in the plant. Since the truck drivers constitute
a distinct and separate group of employees whose interests and condi-
tions of employment are not altogether the same as those of the other
employees, and since the parties are in dispute as to their inclusion,
we shall exclude them from the unit.5
Engineering draftsmen: There are two draftsmen. Upon occasions,
when they can be of assistance due to their background' and experience,
they engage in production work on a particular job. In the course of
their regular duties they prepare drawings, based rpon instructions,
for the manufacturing of tooling and jigs, and they assist in the
"organization of new jobs" and in the "getting them started process".
Since they perform the technical duties of draftsmen and engineers, in
the regular course of their employment, we shall exclude the engineer-
ing draftsmen from the unit.'
Leadmen: There are 10 employees classified as leadmen. They re-
ceive more pay than the production employees they supervise and
direct the work of groups ranging from 5 to 20 in number. The nature
of the Company's business requires that they change from one job
to another when the situation demands that a particular job be com-
pleted at a certain time. Although the Company tries to avoid the
practice, they are required to work as ordinary production workers
while they retain their salary and classification as leadmen, when the
situation so demands. While at one point the manager of production
testified that leadmen do not have the authority to•hire, discharge,
promote, or otherwise effect changes in the status of employees,
or effectively recommend such action, at another point he testified
that, as a practical matter, occasionally they make such recommenda-
tions, and that in some cases their recommendations are effective. A
committee composed of "the two partners," the office manager, and
the manager of production, makes the final decision with respect to
discharge, promotion, transfer, and disciplinary action. The leadmen
rate the employees under their supervision, although the rating is re-
-viewed by the manager of production, and this rating together with
those of the members of a rating committee of employees are largely
5 See Matter of Adams -Millis Corporation, Plant Number 7, 63 N . L R. B 362 , Matter
of Sam Boorstexn & Harry Boorstein , trading as Blue Ribbon Laundry , 64 N. L. R. B.
645 , Matter of Kingan & Co , Incorporated, 61 N. L. R. B 1222 , Matter of Wtilsoos
& Company, Inc., 62 N. L R. B. 895.
6 See Matter of Bear Manufacturing Company, 63 N L R. B. 322.
WIRE & METAL MANUFACTURING COMPANY 1143
determinative of promotions and demotions. To uphold the Com-
pany's contention that the leadmen are not supervisory employees
would be to find that the majority of the approximately 150 produc-
tion employees in its employ are under the sole supervision and control
of one employee.? Under all the circumstances, we are convinced that
leadmen are vested with sufficient indicia of supervisory authority to
warrant their exclusion from the unit."
We find that all production and maintenance employees of the Com-
pany, including production control employees, the tool crib attendant,
the warehouseman, and the shipping clerk,9 but excluding office em-
ployees, truck drivers, engineering draftsmen, the production planner,
the engineer in charge of drafting, the night shift foremen, leadmen,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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
Direct ion.
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 representa-
tives for the purposes of collective bargaining with L. L. Stone, M. F.
Stone, B. P. Stone, and L. J. Stone, co-partners, doing business as Wire
d Metal Manufacturing Company, Vernon, California, an election by
secret ballot shall be conducted as early as possible, but not later than
sixty (60) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Twenty-first Region,
acting in this matter as agent for the National Labor Relations Board,
' The manager of production There are no foremen in the plant other than the foreman
in charge of the night shift The two engineering draftsmen are supervised by the
engineer in charge of drafting.
8 Included in the unit, however , are employees who sometimes act as leadmen. They
are classified as production woikers and do not receive the leadmen ' s higher rate of pay.
9 The parties agree to include this employee.
1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and subject to Article III, Sections 10 and 11 , of said Rules and Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period.im-
mediately 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 laid off , and including employees in
the armed forces of the United States who present themselves in per-
son at the polls , but excluding those employees 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 Wire Metals Division of Local 2018, United
Steelworkers of America , CIO, for the purposes of collective
bargaining.
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