Kobe Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1945

62 N.L.R.B. 1510 (N.L.R.B. 1945)

In the Matter of KOBE INCORPORATED and INTERNATIONAL UNION OF
OPERATING ENGINEERS , LOCAL 640, A. F. L.
Case No. 16-R-1300.-Decided July 30, 1945
Messrs. Calvin Boxley, and R G. Ralph, of Oklahoma City, Okla., for
the Company.
Mr. L. T. Harrison, of Independence, Kans., for the Union.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION)
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Union of Operat-
ing Engineers, Local 640, A. F. L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation of
employees of Kobe Incorporated of Oklahoma City, Oklahoma, herein
called the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before John H. Graves, Trial Exam-
iner. Said hearing was held at Oklahoma City, Oklahoma, on May 23,
1945. The Company 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. At the hearing
the Company moved that an election not be held at this time because many
of its former employees who were in the armed forces intended to return
to the Company's employment and therefore desired to participate in the
election. For reasons set forth, iujra, said motion is hereby denied. The Trial
Examiner's rulings made at the hearings 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:
62 N. L. R. B., No. 211.
1 5 10
KOBE INCORPORATED
FINDINGS OF FACT
1511
1. THE BUSINESS OF THE COMPANY
Kobe Incorporated is a California corporation licensed to do business in
the State of Oklahoma. It is engaged in the sale and distribution of oil field
pumping equipment, and also the repair and servicing of such equipment,
at its Oklahoma City plant. The Company annually receives supplies and
equipment at its Oklahoma City plant. valued in excess of $500,000, of
which 90 percent is delivered to the plant from points in the States of
Pennsylvania, Illinois, California, and other States. During an annual
period the Company sells and distributes equipment valued in excess of
$500,000, of which 80 percent is shipped outside the State of Oklahoma.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The International Union of Operating Engineers, Local 640, affiliated
with the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about March 16, 1945, the Union requested recognition from the
Company as representative of certain of its employees at the Oklahoma City
plant. By letter dated March 22, 1945, the Company refused the request
and at the hearing took the position that it would not do so until such time
as the Union was certified by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of em-
ployees 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 Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all the Company's employees, excluding cler-
ical, technical, and supervisory employees. The Company does not gen-
erally oppose the composition of the unit but it contends that certain classes
of employees should be excluded from the unit. The disputed categories
will be discussed below.
The Company's shop is engaged in the assembly and dismantling of oil
field pumping equipment, and in the repair and servicing of such equipment.
The shop is under the supervision of a foreman and an assistant foreman
i The Field Examiner reported that the Union submitted 29 authorization cards , that the names
of 24 persons appearing on the cards were listed on the Company's pay roll of May 25, 1945, which
contained the names of 36 employees in the appropriate unit , and that the cards were dated March
and May 1945.
1512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who are responsible to the plant manager, or superintendent; therefare
approximately 18 employees in this department. The operations of the
sandblasting department consist of repairing tublar goods for sale, collar
buckling, threading, and corking the several kinds of tublar goods, and
other related operations. There are also approximately 18 employees in this
department who are under the supervision of a departmental foreman.
Crew Foreman • In the sandblasting department the Company employs
four crew foremen. The Union would include these employees on the basis
that they are "working foremen." The Company would exclude them be-
cause of their supervisory authority. The evidence discloses that they are
paid slightly higher hourly wages than the other production and mainte-
nance employees. Although each crew foreman directs the work of two
or four employees, the plant superintendent testified that approximately
50 percent of their time is spent in the actual operation of sandblasting
machines and the balance in performing fill-in work and directing the
duties of other employees. The employees in this department take their
grievances directly to the department foreman. We are of the opinion that
the crew foremen do not fall within the Board's customary definition of
supervisory employees ; therefore, we shall include them within the unit.
Receiving and Shipping Clerks: In the warehouse, which is under the
supervision of the stores.,and purchasing department and is physically
separated from the shop and sandblasting departments in another building,
the Company employs several clerks. The Union would include them
because they perform manual labor and are part of the general production
process ; the Company would exclude them. The duties of these employees
entail the boxing and unboxing of materials and a certain amount of clerical
work in keeping data on the materials stored and received in this depart- -
ment. While they are on a separate pay roll and are under separate depart-
mental supervision, we are of the opinion that the interests of the receiving
and shipping clerks are sufficiently identifiable with those of the production
and maintenance employees to warrant their inclusion within the unit; we
shall include them?
We find that all the Company's production and maintenance employees
in the shop and sandblasting departments, including receiving and shipping
clerks, but excluding office and clerical employees, plant superintendent, -
shop foreman, assistant shop foreman, sandblasting foreman, and all or any
other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
2 Matter of Kearney and Trecker Corporation, 60 N. L R. B. 148, and Matter of Goodman Mann-
factioing Company, 58 N. L. R. B 531.
KOBE INCORPORATED
V. THE DETERMINATION OF REPRESENTATIVES
1513
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to
the limitations and additions set forth in the Direction.
The Company requested that the Board postpone the election for 6
months to permit employees returning from the armed services to express
their desire as to whether or not they desire to be represented by the
Union. To grant such a request would deny to those presently employed
their right to choose a representative and bargain collectively which is
insured to them by the Act. However, as we have had occasion to state in
prior cases involving this issue, when it is demonstrated that servicemen
in sufficient numbers have returned to their employment and comprise a
substantial percentage of the employees in the appropriate unit for which
we have certified a bargaining representative, the Board will entertain a
new petition for investigation and certification of a bargaining agent?
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 representatives
for the purposes of collective bargaining with Kobe Incorporated of Okla-
homa City, Oklahoma, an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) clays 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 appro-
priate in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees who
(lid 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 person 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 thy desire to be represented by
International Union of Operating Engineers, Local 640, affiliated with the
American Federation of Labor, for the purposes of collective bargaining.
3 See Matter of Maxie Safety Appliance Co., Callcry Plant, 55 N. L. R. B. 1190.