Pacific Coast Fabricators, Inc.

National Labor Relations Board - Board Decisions

Jan 2, 1943

46 N.L.R.B. 624 (N.L.R.B. 1943)

In the Matter of PACIFIC COAST FABRICATORS, INC., and UNITED
BROTHERHOOD OF WELDERS , CUTTERS & HELPERS OF AMERICA, LOCAL 37
( INDEPENDENT)
Case No. R-4572.Decided January 2, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition because of alleged existing contract; contract
held no bar to, when rival organization gave notice to Company prior to auto-
matic renewal date ; Council designation placed' on ballot at request of locals
whose interests *ere identical and who operated jointly through the Council;
election necessary.
Unit Appropriate for Collective Bargaining : all production employees, excluding
office employees and supervisory personnel; stipulation as to.
Mr. George W. Trammel, Jr., of Long Beach, Calif., for the Com-
pany.
Mr. Clore Warne, of Los Angeles, Calif., for the Welders.
M11r. Arthur Garrett, of Los Angeles, Calif., for the Iron Workers
and Boilermakers.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Brotherhood of
Welders, Cutters & Helpers of America, Local 37, herein called the
Welders, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Pacific Coast Fabricators
Inc., Los Angeles, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Robert C. Moore, Trial Examiner. Said hearing was
held at Los Angeles, California, on November 13, 1942. The Com-
pany, the Welders, International Association of Bridge, Structural
and Ornamental Iron Workers, Shopmen's Local No. 509, A. F. of L.,
herein called the Iron Workers, and International Brotherhood of
Boilermakers, Iron Shipbuilders and Helpers of America, Local 92,
46 N. L. it. B., No. 75.
624
PACIFIC COAST FABRICATORS , INC. 625
A. F. of L., herein called the Boilermakers , 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.
On December 15, 1942, the Boilermakers requested oral argument'
before the Board. Said request was denied.
Upon the entire record in the case, the Board makes the following:
t
FIN DINGS OF, FACT
I. THE BUSINESS OF THE COMPANY
Pacific Coast Fabricators, Inc., a California corporation operating
a plant at Los Angeles, California, is engaged in the manufacture of
products for the United States Navy. In 1942, up to July 27, the
Company purchased approximately 4,000 tons of steel and 300 tons
of welding rod, approximately 95 percent of which was transported
to its Los Angeles plant from points outside the State of California.
All products manufactured by'tlie Company are delivered to the United
States Navy.
H. THE ORGANIZATIONS INVOLVED
United Brotherhood of Welders, Cutters & Helpers of America,
Local 37, is a labor organization admitting to membership employees
of the Company.
International Association of Bridge, Structural and Ornamental
Iron Workers, Shopmen's Local No. 509, is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of the
Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
Late in 1941, the Pacific Coast Elevator Company, herein called the
Elevator Company, commenced operations under contracts with the
United States Navy at its plant in Los Angeles. As the volume of pro-
duction for the Navy increased, the president of the Elevator Com-'
pany and two other individuals decided to organize a corporation for
the sole purpose of carrying out these Navy contracts. Accordingly, on
February 19, 1942, they formed and incorporated the Company in-'
volved herein, each of them, securing a one-third interest.,
50408 "-4 ;-vo1 41-40
X626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 5, 1942, before the present Company had been or-
ganized, the,Elevator Company and the Iron Workers entered into a
closed-shop contract covering substantially the same group of em-
ployees now sought to be represented by the Welders. The contract
provided that it was to remain in effect for 1 year, and from year to
year thereafter in the absence of a notice of termination by either party
at least 4 months prior to the end of any yearly contract period (Febru-
ary 5). At the time of the execution of the contract, the Elevator
Company had only 29 persons in its employ, since production under
the Navy contracts was in its initial stage.
On March 26, 1942, the present Company purchased the shop facili-
ties and equipment 'of the Elevator Company, took over the latter's
contracts with the Navy, and, on March 27, adopted the collective
bargalnirg agreement with the Iron Workers. Before this had been
done, however, and at a time when the transfer from the Elevator
Company to the present Company was contemplated, a representative
,of the Welders advised the superintendent of the plant that a majority
of the production employees had designated the Welders as their
exclusive bargaining agent and requested that when the new Company
took over, it enter into a collective bargaining agreement with the
Welders. This request was made on or about March 20 and was
renewed on or about March 23, 1942. On the first occasion, the super-
intendent stated that lie was not then in a position to recognize any
other labor organization because he did not know whether the con-
tract with the Iron Workers would carry over to the new Company.
On the second occasion, the superintendent took the position that he
had no present authority to sign a contract.
The business of the Company has increased since its inception and
the plant has been enlarged from time to time. Thus, on July 31, 1942,
the Company employed approximately 150 persons and on October 20,
1942, approximately 305.
On the basis of the above facts, we find that the contract constitutes
no bar to a present determination of representatives since the Com-
pany had notice of the Welders' claim prior to October 5, the automatic
renewal date of the contract.'
A statement of the regional Director, introduced in evidence at the
hearing, indicates that the Welders and the Iron Workers each repre-
sents a substantial number of employees in the unit hereinafter found
appropriate.2
' See Matter of P'rscrd Steel Car Companil. Inc and Steel Workers Organtzinq Committee,
41 N 1, R B 6; ,t'"tier of Ar-Nail E7°ctric Appliance Corporation and International
Union Unstrd Anto,n,b'e. A-rorrf,, d Agri u-lw al Implement Workers of America; Local 12,
(C.I:O),41N L R B 1239 ,
2 The Regional Director stated that the Welders submitted 176 authorization cards, all
bearing apparently g-'nume signatures and dates from June to August 1942 ; of these, 124
PACIFIC COAST FABRICATORS, INC. 627
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 National Labor
Relat ions Act.
IV. THE APPROPRIAIE UNIT
We find, in accordance with a stipulation of the unions, that all
production employees of the Company, excluding all office employees
and supervisory personnel, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
The Iron Workers and the Boilermakers expressed the desire to be
;designated jointly on the ballot. Although the Iron Workers is oper-
ating under a, closed-shop contract with the Company, it has permitted
the Company to'employ a substantial number of members of the Boiler-
makers, and the Welders agreed that the Boilermakers has a substan-
tial interest in this proceeding.4 The Iron Workers and the Boiler-
makers are members of the Los Angeles Metal Trades Council, A. F.
of L., which negotiates joint collective bargaining contracts for its
constituents. Since it appears that the interests of both unions, are
identical in that they will operate jointly through the Metal Trades
Council, we shall grant their request and shall employ the following
,designation on the ballot: Los Angeles Metal Trades Council, A. F.
,of L. [International Association of Bridge, Structural and Orna-
mental Iron Workers, Shopmen's Local No. 509-International Broth-
erhood of Boilermakers, Iron Shipbuilders & Helpers of America,
Local 92].
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. -
bear(r the names of persons whose names appear on the Company's pay roll of October 20,
1942. The Regional Director, further stated that the Iron Workers submitted 114 applica-
tion-for-membership cards, all bearing apparently genuine original signatures, and 74 baaring
dates from January to August 1942; of these, 56 bear the names of persons whose names
,appear on the Company's pay roll of October 20, 1942, which pay roll contains the names of
305 employees. The names of 38 of the signatories appear on the c'iid; of bith unions On
the basis of a statement of a representative of the Boi'ermakers, made at the hearing, to the
effect that 100 of its members are presently employed by the Company, the Welders stipu-
lated that the Boilermakers have a substantial interest in this proceeding
The Company expressed no opposition to the stipulated unit, which is substantially the
same as that piovided for in the contract with the Iron Workers. -
' See footnote 2
628 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pacific Coast Fabri-
cators, Inc., Los Angeles,-California, 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 Twenty-first Region, acting in this
matter 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 appropuaate in Section IV, above, wha
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 tempo-
rarily laid off, and including employees in the armed services of the
'United States who present themselves in person at the polls, but ex'_
eluding employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by United Broth-
erhood of Welders, Cutters & Helpers of America, Local 37 (Inde-
pendent), or by Los Angeles Metal Trades Council, A. F. of L. [Inter-
'national Association of Bridge, Structural and Ornamental Iron
Workers , Shopmen's Local No. 509, International Brotherhood of
Boilermakers , Iron Shipbuilders & Helpers of America, Local 92], for
the purposes of collective bargaining , or by neither.