McNamar Boiler & Tank Co.

National Labor Relations Board - Board Decisions

Sep 29, 1944

58 N.L.R.B. 651 (N.L.R.B. 1944)

In the Matter of MCNAMAR BOILER & TANK COMPANY and UNITED
STEELW ORKERS OF AMERICA, LOCAL 3076, C. I. O.
Case No. 16-R-989.-Decided September 29, 1944
Mr. Charles A. McNamar, of Tulsa, Okla., for the Company.
Mr. John H. Curry, of Tulsa, Okla., for the Union.
Mr. Samuel G. Hanilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
Local 3076, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-.
ployees of McNamar Boiler & Tank Company, Tulsa, Oklahoma,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Glenn
L. Moller, Trial Examiner. Said hearing was held at Tulsa, Okla-
homa, on August 29, 1944. 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. 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 TIE COMPANY
McNamar Boiler & Tank Company is an Oklahoma corporation
with its main office and principal place of business at Tulsa, Okla-
'Although duly served with Notice of Hearing , and apprised by the Trial Examiner of the
hearing on the day it took place , National Tank Builders Local Lodge No 500 , International
Brotherhood of Boilermakers , Iron Ship Builders and Helpers of Ameiica , A. F L, failed
to appear , informing the Trial Examiner that it -did not assert any interest in the
Proceeding.
.58N.L. R.B,No.133.
651
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
homa, where it is engaged in the fabrication of steel products, con-
sisting chiefly of pressure vessels and storage tanks. During the year
1943, the Company processed raw materials and supplies at its Tulsa
plant valued at approximately $325,000, of which approximately 75
percent was shipped from points outside the State of Oklahoma.
During the same period, the Company completed products at its Tulsa
plant valued at approximately $600,000, approximately 75 percent of
which was shipped to points outside the State of Oklahoma.
The, Company, does not deny, and we find, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America , Local 3076 , affiliated with the
Congress of Industrial Organizations , 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.2
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 AI'PROPRIA'E UNIT
The parties are in agreement that all production and maintenance
employees of the Company, including leadmen,3 should be included
in the appropriate bargaining unit. They further agree that clerical
employees , timekeepers, foremen, and all other supervisory employees
should be excluded . There is disagreenlenl; with respect to the Com-
pany's draftsmen . The Union would exclude these employees, whereas
the Company would include them.
Draftsmen make detailed shop drawings from the customers' pre-
liminary drawings or sketches for use by the lay-out men in fabri-
cating the Company's products. They check the work in the shop
S The Field Examiner reported that the Union submitted 72 membership cards, that the
names of 33 persons appearing on the cards were listed on the Company ' s pay roll and
supplement thereto for the period July 3 to August 11, 1944, and that there were 82
employees in the alleged appropriate unit
3It is clear that leadmen are not supervisory employees within the meaning of our
customary definition.
McNAMAR BOILER & TANK COMPANY 653
to insure conformity with their drawings. We shall exclude them
from the unit, inasmuch as they are technical employees.4
We find that all production and maintenance employees at the Com-
pany's Tulsa plant, including leadinen, but excluding draftsmen,
clerical employees, timekeepers, foremen and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 Elec-
tion herein, subject to the limitation 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 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 McNamar Boiler
& Tank Company, Tulsa, Oklahoma, 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 Sixteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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 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 or not they desire to be represented by
United Steelworkers of America, Local 3076, affiliated with the Con-
gress of Industrial Organizations, for' the purposes of collective
bargaining.
4 See Matter of Bristol Steed & Iron Works, Incorporated, 47 N. L. R. B. 1429, 1431.