The Lang Co.

National Labor Relations Board - Board Decisions

Mar 26, 1943

48 N.L.R.B. 640 (N.L.R.B. 1943)

I
In the Matter of JOHN LANG, DORA A. LANG, J. ROBERT LANG, MARIE
M. LANG, WM. ALLEN LANG, AND MILDRED C. LANG, A CO-PARTNER-
SHIP D/B/A THE LANG COMPANY and UNITED AUTOMOBILE WORKERS
OF AMERICA , LOCAL No. 966, C. I. O.
Case No. R-5004.-Decided March 26, 19.43
Jurisdiction : metal products manufacturing industry.
Ipvestigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees in company's fabricating shops, excluding supervisory and clerical
employees ; shift bosses excluded in view of their supervisory functions ;
unarmed watchmen included over company's objection.
Mr. John Lang, of Salt-Lake City, Utah, for the Company.
Messrs. A. H. Peterson, and C. L. Casebolt, both of Salt Lake City,
Utah, for the A. F. L.
Mr. Wyndham Mortimer, of Salt Lake City, Utah, for the. C.'I. O.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Automobile Workers
of America, Local No. 966, C. I. 0., herein called the C. I. 0., alleging
that a 'question affecting commerce had arisen concerning the repre-
sentation of employees of John Lang, Dora A. Lang, J. Robert Lang,
Marie M. Lang, Wm. Allen Lang, and Mildred C. Lang, a Co-
Partnership doing business as The Lang Company, Salt Lake City,
Utah, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Willard
Y. Morris, Trial Examiner. Said hearing was held at Salt Lake
City, Utah, on March 10, 1943. The Company, the C. I. 0., and Utah
Metal Trades Council A. F. L., herein called the A. F. L., appeared,
participated, and were afforded full opportunity to be heard, to
48 N. L. It. B., No. 78.
640
THE LANG COMPANY 641'
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record-in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Lang Company is a copartnership engaged in the fabricating
and sale of various types of steel, sheet and plate products, including
truck bodies, tanks, flotation cells, loading bins, stake and breaching
and heat chambers. The Company sold fabricated products valued
at approximately $500,000, in 1942, approximately 15 percent of which
was shipped to points outside the State of Utah. During the same
.period the Company purchased approximately 5,000 tons of steel,
representing 90 percent of the raw materials and supplies used by it,
from points outside the State of Utah. In addition to the above-
described activities the Company is engaged in the distribution, sale,
and servicing of mining, milling, and smelting, and other industrial
equipment and machinery. During 1942 the Company sold and dis-
tributed equipment and machinery valued at approximately $2,000,000,
all of which was shipped to points outside the State of Utah. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Automobile Workers of America, Local No. 966, is a labor
organization affiliated with the Congress of Industrial Organizations
admitting to membership employees of the Company.
Utah Metal Trades Council is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 12, 1943, the C. I. O. made a claim upon the
Company, alleging that it represented a majority of its employees
and requesting recognition as exclusive bargaining agent for the em-
ployees. The Company, through its general manager, refused to grant
the recognition sought.
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence at the hearing, indicate that the .C. I. O. and the
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. F. L. each represents a substantial number of employees in the unit
hereinafter found appropriate
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
All parties generally agreed that the appropriate unit should con-
sist` of all production and maintenance employees in the Company's,
fabrication shops excluding supervisory and clerical employees. How-,
ever, the C. 1. 0. and the Company would exclude shift bosses, whereas
the A. F., L. would include them within the appropriate unit. The
Company would also exclude the watchmen from the appropriate unit,
whereas both labor organizations would- include them. -
The shift bosses are working foremen who do not have the power
to hire or discharge. However, they have the power to recommend
such action, and the record discloses that their recommendations to
discharge are generally accepted as final. The A. F. L. contends that
the shift bosses should be included within the unit inasmuch as they
work with tools, and points to the fact that in this area the A. F. L.
has usually included working foremen within the units sought by it.
The record shows that these employees may or may not, from day to
day, work with tools. According to the manager of the Company,
there is no way of ascertaining the amount of time spent by the shift
bosses at purely supervisory duties. They are hourly paid employees,
receiving approximately 20 percent more than the employees under
them.' They are rated by the Company as highly skilled • workers.
We agree with the contention of the Company and the C. I. 0. that
these employees are supervisory, and we shall exclude them from the
unit hereinafter found appropriate.
The Company employs two unarmed watchmen, who it contends
should be excluded because of the fact that tliey are not actually part
of the production and maintenance group. Their functions are to
patrol the plant and watch for burglary and fire. They also perform
certain janitorial duties. , They are not armed or deputized. Both
labor organizations would include them within the appropriate' unit.
'The Regional Director reported that the C. I. 0 submitted 60 application cards contain-
ing apparently genuine signatures Forty-eight of these cards bore names appearing upon
the Company ' s pay roll of February 13, 1943 He further reported that the A F L sub-
nutted 59 designation cards, all of which bore apparently ' genuine signatures Fifty-three
of the cards bole names appearing upon , the above-mentioned pay roll.
At the hearing the Trial Examiner reported that the, C I O. submitted an assignment
card bearing the apparently genuine signature of a person whose name appeared upon
the pay roll above -mentioned . At the same time , the A . F. L submitted two designation
cards bearing apparently genuine original signatures The names on these cards,appeared
on the above -mentioned pay roll.
.
THE ' LANG COMPANY 643
Since the watchmen are not engaged in specialized plant-protection
duties, and both organizations desire to represent them, we shall in-
clude them within the appropriate unit.
We find that all production and maintenance employees in the Com-
pany's fabricating 'shops, including watchmen; but excluding super-
visory and clerical employees and shift bosses, constitute a unit appro-
priate 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction 'of
Election, subject to the limitations, and additions set forth therein.
• 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 9i 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 repre-
sentatives for the purposes of collective bargaining with John Lang,
Dora A. Lang, J. Robert Lang, Marie M. Lang, Wm. Allen Lang, and
Mildred ' C. Lang, a Co-Partnership doing business as The Lang
Company, Salt Lake City, Utah, 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 Twentieth 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 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,
they desire to be represented by United Automobile Workers of
America, Local No. 966, affiliated with the C. I. O. or by Utah Metal
Trades Council, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.
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