Simpson Steel Co.

National Labor Relations Board - Board Decisions

Jan 22, 1945

60 N.L.R.B. 182 (N.L.R.B. 1945)

In the Matter of SIMPSON STEEL COMPANY and UNITED STEELWORKERS
OF AMERICA, C. I. 0.
Case No. 21-B-2555.-Decided January 22, 1945
Mr. A. F. Simpson, Jr., of Los Angeles, Calif., for the Company.
Mr. Gilbert 0. Anaya, of Maywood, Calif., for the CIO.
Mr. Lester 0. Wilson, of Los Angeles, Calif.; for the-Engineers.
Mr. David Sokol, of Los Angeles, Calif., for the Council.
Messrs. H. 0. Houtrow and T. A. Kettering, of Los Angeles, Calif.,
for Local 92.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Simp-
son Steel Company, Los Angeles, California, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Charles M. Ryan, Trial Examiner.
Said hearing was held at Los Angeles, California, on December 28,
1944. The Company, the CIO, International Union of Operating En-
gineers, Local Unions Nos. 12 and 63, AFL, herein called the En-
gineers,' Los Angeles Metal Trades Council, AFL, herein called the
Council, International Brotherhood of Boilermakers, Iron Ship
Builders, Welders and Helpers of America, Local 92, AFL, herein
called Local 92, appeared and participated.2 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 Ex-
aminer's rulings made at the hearing are free from prejudicial error
' At the hearing , the Trial Examiner granted the motion of the Engineers to intervene.
s Although served with Notice of Hearing , International Association of Bridge , Struc-
tural and Ornamental Iron Workers , Local Union No 509 , herein called Local No. 509 did
not appear Houuever , the Council appeared on behalf of both Local No 509 and Local 92,
« hich, as noted above , also appeared and participated in the hearing.
60 N. L. R. B., No. 36.
182
SIMPSON STEEL COMPANY 183
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 THE COMPANY
Simpson Steel Company, a partnership consisting of A. F. Simpson,
Jr., and R. N. Simpson, is engaged in the manufacture of parts for
ships in Los Angeles, California. The only plant involved in this
proceeding is the East 26th Street plant. The production of the Com-
pany is valued at more than $250,000 annually. All parts produced
by the Company are used on ships manufactured for the United States
Government and which sail the high seas.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Los Angeles Metal Trades Council, International Association of
Bridge Structural and Ornamental Iron Workers, Local Union No.
509, International Union of Operating Engineers, Local Unions Nos.
12 and 63, and International Brotherhood of Boilermakers, Iron Ship-
builders, Welders and Helpers of America, Local 92, affiliated with the
American Federation of Labor, are labor organizations admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of its employees until the CIO
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
8 The Field Examiner repolted that the CIO submitted 88 petitions and authorization
cards , that the names of 75 persons appearing on the cards were listed on the Company's
pay roll of December 3, 1944 , which contained the names of 239 employees in the appro-
priate unit , and that the cards were dated October and November 1944.
The Council submitted 104 authorization cards and dues records The names of 69
persons appearing on the cards were contained in the aforesaid pay roll. The cards were
dated October and December 1944
The Engineers submitted two dues'records The names of two persons appearing on the
cards were contained on the aforesaid pay roll, which contained the names of approxi-
mately five in the unit contended for as appropriate . The cards were dated October
1944.
184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 CIO contends that a unit of all the production and maintenance
employees of the Company at its East 26th Street plant but excluding
outside truck drivers, guards, clerical employees and supervisory em-
ployees would be appropriate. The Company agrees with this con-
tention. The Council agrees with the above unit, but would further
exclude crane operators. The Engineers contends that a unit coin-
prising only crane operators would be appropriate.
The record shows that-there is one electric crane, one crawler crane
and one rubber tired crane in the yard. There are approximately six
crane operators. They are under the supervision of the general fore-
man who supervises all of the other production employees. We have
on several occasions found, and we here find, that crane operators'do.
not form a sufficiently skilled group to constitute a craft, nor are they
so skilled or homogeneous as to constitute a separate unit appropriate
for collective bargaining.h
We find that all production and maintenance employees of the East
26th Street plant of the Company but excluding all plant guards,
clerical employees, outside truck drivers and 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.
V. THE DETERMINATION OF REPRESENTATIVES
The Company requests that the pay roll to be used in determining
eligibility be one prior to the hearing. Inasmuch as no valid reason
is shown for the use of such pay roll, we shall direct that the question
concerning representation which has arisen be resolved by an election
by secret ballot among 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. ,
' Matter of Bethlehem -Hingham Shipyard, Inc., 54 N L. R B 631, and cases cited therein.
SIMPSON STEEL COMPANY
DIRECTION OF ELECTION
185
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 Simpson Steel
Company, 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, 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
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
those employees 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 they desire to be represented by United Steel-
workers of America, C. I. 0., or by Los Angeles Metal Trades Council,
A. F. L.5 for the purposes of collective bargaining, or by neither.
5 The Council is placed on the ballot as appearing for Local 92 and Local 509 The
Engineers stated that it did not desire a place on the ballot in the event the Board found
inappropriate the unit which it here sought.