Lone Star Defense Corp.

National Labor Relations Board - Board Decisions

Aug 28, 1945

63 N.L.R.B. 579 (N.L.R.B. 1945)

In the Matter of LONE STAR DEFENSE CORPORATION and UNITED ASSO-
CIATION OF JOURNEYMEN PLUMBERS & STEAMFITTERS & APPREN-
TICES Or THE UNITED STATES AND CANADA, LOCAL 237, AFL
Case No. 16-R-1340.-Decided August 28, 194.5
Messrs. K. M. Prichard and R. W. Elk, of Texarkana, Tex., for the
Company.
Messrs. D. L. Johnson and Harry M. Thomas, Jr., of Texarkana,
Tex., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Association of Journeymen
Plumbers &-, Steamfitters & Apprentices of the United States and Can-
ada, Local 237, AFL, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Lone Star Defense Corporation, Texarkana, Texas,
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 Texarkana, Texas,
on June 29, 1945. The Company and the Union appeared and partic-
ipated. All parties were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence beariilg
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. TILE BUSINESS OF TFIE COMPANY
Lone Star Defense Corporation, an Ohio corporation, operates the
Lone Star Ordnance Plant at Texarkana, Texas, under the terms of a
63 N. L . R B, No 91.
662514-46-vol 63-38 579
580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prime contract with the War Department. Although the plant and
its equipment and all materials and supplies are the property of the
War Department, the Company employs the employees and actually
operates the plant.'
The bulk of all materials and supplies are purchased by the War
Department, a substantial amount of which is shipped to the plant
from points outside the State of Texas. A substantial amount of the
goods produced at the plant is shipped by the War Department to
points outside the State of Texas.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.'-
II. THE ORGANIZATION INVOLVED
United Association of Journeymen Plumbers & Steamfitters &
Apprentices of the United States and Canada, Local 237, affiliated
with the American Federation of Labor, is a labor organization admit- .
ting 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
hearing, indicates that the Union represents a substantial number of
employees 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.
IV. THE APPROPRIATE UNIT
In substantial accordance with the agreement of the parties and
based upon the entire record, we find that all plumbers, pipe fitters,
and boiler house employees of the Company performing pipe fitting
work at the Lone Star Ordnance plant,,Texarkana, Texas, excluding
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
' The Company is reimbursed by the War Department for expenses incurred in operating
the plant.
2 See Matter of Harvester War Depot, Ine , 02 N L R B. 520
3 The Field Examiner reported that the Union submitted a certified petition and that the
names of 28 persons appearing on the petition were listed on the Company 's pay roll of
May 20, 1945, which contained the names of 34 employees in the alleged appropriate unit.
LONE STAR DEFENSE CORPORATION
V. THE DETERMINATION OF REPRESENTATIVES
581
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 Elec-
tion 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 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 represent-
atives for the purposes of collective bargaining with Lone Star De-
fense Corporation, Texarkana, Texas, 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 supervision
of the Regional Director for the Sixteenth Region, acting in this mat-
ter 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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 or not they desire to be represented by United
Association of Journeymen Plumbers & Steamfitters & Apprentices of
the United States and. Canada, Local 237, AFL, for the purposes of
collective bargaining.
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