Na-Mac Products Corp.

National Labor Relations Board - Board Decisions

Mar 23, 1945

60 N.L.R.B. 1463 (N.L.R.B. 1945)

In the Matter of NA-MAC PRODUCTS CORPORATION and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO
Case-No. 21-R- 577.Derided March X3,1945
Mr. J. Wesley Cupp, of Los Angeles , Calif:, for the Company.
Mr. Carl Brant , of Los Angeles , Calif., for the' UE.
Mr. Nelson Taylor, of Los Angeles , Calif., for the MTC.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, CIO, herein called the UE, alleging,that a ques-_
tion affecting commerce had arisen concerning the representation of
employees of Na-Mac Products Corporation, Los Angeles, California,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George H.
O'Brien, Trial Examiner. Said hearing was held at Los Angeles,
California, on February 13, 14, and 20, 1945. The Company, the UE,
and Los Angeles Metal Trades Council (A. F. of L.), herein called
the MTC, 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
I. THE BUSINESS OF THE COMPANY
Na-Mac Products Corporation is a California corporation, having
its principal office and place of business in Los Angeles, California,
where it is engaged in the manufacture and sale of aircraft parts and
pneumatic riveting hammers. The Company makes purchases consist-
60 N. L. R. B., No. 251.
1463
1464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing principally of steel and tools, valued in excess of $10,000, annually,
of which approximately 20 percent is obtained from points outside
the State of California. The greater part of the Company's products,
valued in excess of $20,000, annually, is shipped to points outside the
State of California. ,
The Company admits that it is engaged in commerce,within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio R Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company. -
Los Angeles Metal Trades Council, affiliated with the American Fed-
eration of Labor, is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 21, 1942, the MTC was certified as the exclusive col-
lective bargaining representative for the Company's production and
,maintenance employees. On February 15,1943, the Company and the
MTC executed a collective bargaining contract which was to remain in
full force and effect for 1 year from date, and from year to year there-
after, subject to 30 days' written notice before any anniversary date
by either party to amend or abrogate the contract. The contract was
automatically renewed on February 15, 1944, for a period of 1 year.
On June 6, 1944, the Company and the MTC executed an amendment
to the contract modifying certain provisions but not affecting the pro-
visions relating to the expiration or automatic renewal dates. There-
after, the parties submitted the issues affecting seniority, maintenance
of membership, and voluntary check-off to the War Labor Board. On
September 14, 1944, the War Labor Board issued its directive. On
November 30, 1944, the UE requested the Company to recognize it as
the collective'bargaining representative for the Company's employees.
On December 5, 1944, the Company refused to grant such recognition
on the ground that it had a collective bargaining agreement with the
MTC. On January 17, 1945, the MTC notified the Company that it
desired to effect certain changes in the contract.
The Company contends that its contract with the MTC constitutes a
bar to a present determination of representatives. We are of the
opinion that the Company's contention is without merit. The MTC
has enjoyed contractual relations with the Company, as bargaining
representative of the employees involved herein since 1942, at which
' Matter of Na-Mac Products Corporation, 44 N. L. R. B. 1400.
NA-MAC PRODUCTS CORPORATION 1465
time it was certified by the Board; there are no issues presently pending
before the War Labor Board in connection with the administration of
the contract. From the foregoing, the instant case is to be clearly
differentiated from those recent cases involving resort to the procedures
of the War Labor Board, in which we refused to direct elections.2
Since the UE's representation claim was made prior to the automatic
renewal date of the contract, we find that the contract bet-vVeen 'the
Company and the MTC does not constitute a bar to a present determi-
nation of representatives pursuant to the petition filed herein.
A statement of the Trial Examiner, introduced into evidence after
the hearing by agreement of the parties, indicates that the UE rep-
resents 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
The UE and the MTC agree that all production and maintenance
employees of the Company excluding office workers, executives, and
foremen, constitute an appropriate unit. The Company takes no
definite position with respect to the unit.
We find that all production and maintenance employees of the Com-
pany, excluding office workers, executives, and foremen, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act 4
V. TBE 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
Direction.
2 See Matter of Allis Chalmers Mfg. Co, 50 N. L. R. B. 306; Matter of Kenneeott
Copper Corporation, Nevada Mines,Division, 51 N. L. R. B. 930; Matter of Aluminum
Company of America, Vancouver, Washington, 53 N L R. B. 593
'The Trial Examiner reported that the UE presented 83 designations, 72 dated in
November and December 1944, and January and February 1945, 11 undated, of which
65 bore the names of persons appearing on the Company's pay roll of February 16, 1945,
which contains the names of 137 employees. The Trial Examiner also reported that the
MTC submitted 12 designations, all dated in February 1945, of which 10 bore the names
of persons appearing on the Company's pay roll.
* This is the same unit as that for which the MTC was previously certified pursuant to
a stipulation for certification of representatives upon consent election. See footnote 1,
supra.
1466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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 Na-Mac Products
Corporation , Los Angeles , 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, 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 vaca-
tion 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 dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by United Electrical , Radio & Machine Workers of America, CIO, or
by Los Angeles Metal Trades Council (A. F. of L.), for the purposes
of collective bargaining , or by neither. .
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