Lone Star Defense Corp.

National Labor Relations Board - Board Decisions

Jul 3, 1943

51 N.L.R.B. 59 (N.L.R.B. 1943)

In the Matter of LONE STAR DEFENSE CORPORATION and TRUCK
DRIvERs LOCAL UNION No. 894, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMER-
ICA, A. F. OF L.
In the Matter of LONE STAR DEFENSE CORPORATION and UNITED
BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL No. 379,
A. F. L.
Cases Nos. R--578 and 8-5279 respectively.Decided July 3, 1943
Mr. J. C. Herbert and Mr. A. C. Sprague, of Texarkana, Tex., for
the Company.
Mr. T. C. Neal, of Dallas, Tex., for the Teamsters.
Mr. E. F. Templeton, of Texarkana, Tex., for the Carpenters.
Mr. Louis Cokin, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon separate petitions duly filed by Truck Drivers Local Union
No. 894, International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, A. F. of L., herein called the
Teamsters, and United Brotherhood of Carpenters & Joiners of
America, Local No. 379, herein called the Carpenters, alleging that
questions affecting commerce had arisen concerning the represen-
tation of employees of Lone Star Defense Corporation, Texarkana,
Texas, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hear-
ing upon due notice before Elmer Davis, Trial Examiner. Said hear-
ing was held at Texarkana, Texas, on April 29, 1943. The Com-
pany, the Teamsters, and the Carpenters appeared, participated, and
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.
51 N. L. R. B., No. 16.
59
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS of THE COMPANY
Lone Star Defense Corporation is an Ohio corporation operating
a plant at Texarkana, Texas, known as the Lone Star Ordnance Plant,
where it is engaged in the assembly and storing of bombs and other
ammunition. All land, buildings, and equipment at the Lone Star
Ordnance Plant are owned by the United States Government. All
employees at the Lone Star Ordnance Plant are employed by the Com-
pany. A substantial amount of the supplies used at the Lone Star
Ordnance Plant are shipped to it from points outside the State of
Texas, and a substantial amount of the goods produced at the plant
are shipped to points outside the State of Texas.
II. THE ORGANIZATIONS INVOLVED
Truck Drivers Local Union No. 894, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
United Brotherhood of Carpenters & Joiners of America, Local No.
379, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 12, 1943, the Teamsters requested the Company to recog-
nize it as the exclusive collective bargaining representative of certain
of the Company's employees. During the same month the Carpenters
asked the Company for exclusive collective bargaining recognition of
certain employees. The Company refused both requests until such
time as the Carpenters and the Teamsters aie certified by the Board.
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicate that the Teamsters and the Carpenters
each represents a substantial number of employees in the unit alleged
by each to be appropriate."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
I The Field Examiner reported that the Teamsters presented an authorization petition
bearing 45 apparently genuine signatures of persons whose names appear on the Company's
pay roll of March 24 , 1943. There are approx mately 74 employees in the unit urged by
the Teamsters . The Field Examiner further reported that the Carpenters presented 33
authorization cards bearing apparently genuine signatures of persons whose names appear
on the Company 's pay roll of April 11, 1943. There are approximately 49 employees in the
unit urged by the Carpenters.
LONE STAR DEFENSE CORPORATION 61
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE 'UNITS
The Carpenters contends that all carpenters of the Company, ex-
cluding carpenters' helpers, carpenters' foremen, rough carpenters,
and dunnage men, constitute an appropriate bargaining unit. The
Company took no position with respect to the unit urged by the Car-
penters. Evidence introduced at the hearing indicates that the em-
ployees claimed by the Carpenters are closely related from a func-
tional standpoint and form a homogeneous group.
'We find that all carpenters of the Company, excluding carpenters'
helpers, carpenters' foremen, rough carpenters, and dunnage men,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
The Teamsters contends that all shippers and checkers of the Com-
pany, excluding general foremen, constitute an appropriate bargain-
ing unit. The Company took no position with respect to the unit
.urged by the Teamsters.
The shippers are in charge of various crews consisting of loaders
and unloaders. They make out tally sheets and maintain labor dis-
tribution records. The shippers' recommendations with respect to
the hire or discharge of their subordinate employees are given great
weight by the Company. The Company has on its pay roll employees
classified as general checkers, checkers in charge of loading dunnage on
-trucks, and checkers in charge of delivering lumber to the dunnage
mill. The checkers direct crews composed of loaders and unloaders,
and maintain tally sheets and labor distribution records of their
crews. They have authority to make recommendations relative to
the hire or discharge of their subordinates. The Teamsters presently
represents a unit of nonsupervisory employees of the Company. We
find, as we did in a prior decision involving the Company,2 that ship-
pers and checkers are supervisory employees.
For the reasons stated in the majority and dissenting opinions in
the Maryland Drydock case,3 we find that the unit proposed by the
Teamsters is not an appropriate unit for collective bargaining, within
the meaning of Section 9 (b) of the Act, and we shall therefore dismiss
the petition filed by the Teamsters in Case No. R-5278.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
2fatter of Lone Star Defense Corporation and Truck Drivers Local Union No. 894, In-
ternational Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
A. F. of L, et at., 47 N. L. R. B. 1247.
8 49 N. L. R. B. 733.
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees 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 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 the National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lone Star Defense
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, Section 10, 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
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, to determine
whether or not they desire to be represented by United Brotherhood
of Carpenters & Joiners of America, Local No. 379, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining.
ORDER
Upon the basis of the foregoing findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Lone Star Defense Corporation , Texarkana , Texas,
filed by Truck Drivers Local Union No. 894, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, A. F. of L., in Case No. R-5278, be, and it hereby is,
dismissed.