Chase Brass & Copper Co., Inc.

National Labor Relations Board - Board Decisions

Aug 31, 1942

43 N.L.R.B. 862 (N.L.R.B. 1942)

In'the Matter of CHASE BRASS & COPPER CO., INCORPORATED and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #660
Case No. R-4113.Decided August 31, 1942
Jurisdiction : brass and copper products manufacturing industry.
Investigation and, Certification of Representatives : existence of question:
conflicting claims of rival representatives ; prior consent election in which
petitioner did not participate held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : electrical workers permitted to
determine whether they should constitute a separate bargaining unit or be
merged in an industrial unit.
Mr. Rodney Chase, of Waterbury, Conn., for the Company.
Mr. William F. Steinmiller, of Hartford, Conn., and Mr. Edward P.
Conlan, of Waterbury, Conn., for the I. B. E: W.
Mr. Nathan Witt, of New York City, and Mr. Don Harris,,of Water-
bury, Conn., for the C. I. O.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Brotherhood of Electrical Workers, Local #660, herein called the
I. B. E. W., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Chase Brass & Copper Co.,
Incorporated,' Waterbury, Connecticut, herein called the Company, at
its Waterville plant, the National Labor Relations Board provided for
an appropriate hearing upon due notice before James C. Paradise, Trial
Examiner. Said hearing was held at Waterbury, Connecticut, oil July
31, 1942. The Company, the I. B. E. W., andInternational Union ofi
Mine, Mill & Smelter Workers, C. I. 0., herein called the C. I. 0., ap-
peared, 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.
'The Trial, Examiner , upon his own- motion; amended/the formal papers to provide for
the correct name of the Company. No objections were made by any of the parties.
43 N. L. R. B., No. 144. _
862
CHASE BRASS & COPPER CO., INCORPORATED 863.
Upon the entire record in the case, the Board makes the following.:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chase Brass & Copper Co., Incorporated, a Connecticut corporation
having its principal office at Waterbury, Connecticut, is engaged, at its
Waterville, Connecticut, plant, in the manufacture of sheet, rod, wire,
and tubing of brass and copper. The principal raw materials used at
the Waterville plant are copper and zinc; all of which are shipped to
the plant from points outside the State, of Connecticut. The finished
products of the Waterville plant exceed $5,000,000 annually, in value,
and most of the products are shipped from the plant to points outside the
State of Connecticut. In excess of 90 percent of these products are
war materials. The Company concedes the jurisdiction of the Board.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local # 660, is
a labor organization affiliated with the American Federation of Labor.
It admits to membership employees of the Company.,
International' Union of Mine, Mill & Smelter Workers, affiliated with
the Congress of Industrial Organizations, is a labor organization admit
tmg to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On May 6, 1942, the C. I. O. filed a petition with the Board alleging
that specified employees of the Company, including' the employees
involved in this proceeding, constituted an appropriate unit. On May
13, 1942, the Company and the C. I. O. entered into a consent election
agreement. The election was set for May 28, 1942. On May 22, 1942,
the I. B. E. W. notified the Board's Regional Office of its claim to
represent the electrical workers of the Company. On May 25, 1942,
the I. B. E. W. submitted membership cards in support of its claim.
On May 28, 1942, the consent election was held among the employees
in the unit claimed by the C. I. 0., with only the C. I. O. appearing on
the ballot.' k '
A report prepared by the Regional Director and introduced in evi-
dence at the hearing indicates that the I. B. E. W. submitted evidence
that it represented a substantial number of employees of the Company'
in the. un it it contends to be appropriate.'
2 The election resulted in a vote for the C 1 0 of 1591 out of a total of 2047
3 The Regional Direetor reported that the I B E W. presented 36 application cards,
dated as follows • 1 April' 19, 1942 ; 10 May 19, 1942, 3 May 20, 1942 ; 2 May 21, 1942 ;
5 May 22, 1942 , 6 May 23, 1942, and 9 undated Of the 36 cards submitted, 34 bear
864 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 National Labor
Relations Act.4 '
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The I. B. E. W. alleges that all electrical workers of maintenance
and construction employed by the Company constitute an appropriate
unit. The C. I. 0. requests that in the event the Board directs an
election among these employees, and if the C. I. 0. wins, the employees
be included in the unit in which the Board held the consent election on
May'28, 1942. The Company takes no position concerning the appro-
priate unit.
The Company's electrical department employees are engaged in the
construction, installation, and maintenance of electrical equipment in
the plant. They report to work to the electrical department, are given
their instructions and assignments, and from then on work throughout
the plant. There are apprentices first and second -class, second class
electricians, and first class electricians. When the helpers, or appren-
tices complete their apprenticeship, they are automatically made second
class electricians. The electricians are hourly paid, as are the other
production workers, and their rates of pay are similar to those of other
skilled helpers in the plant. We find that the electrical employees could
properly function as a separate bargaining unit, or could properly com-
prise part of a broader, plant-wide unit.
Some question arose as to the inclusion in, or exclusion from, the
proposed unit of the following employees :
Assistant and working foremen: The I. B. E. W. would include these,
employees. The C. I. 0. desires their exclusion. There 'are four
the apparently genuine signatures of persons whose names appeal on the Company's
pay roll of July 3, 1942 At the hearing the I B E W. submitted 8 additional application
cards, 2 dated May 22, 1942, 3 dated May 23, 1942; and 3 undated. Of the 8 cards
submitted , all bear the appaiently genuine signatures of persons whose names appear on
the Company's pay roll of July 3, 1942 Four of the said 8 additional cards-duplicate
Bards submitted by the I B E W to the Regional Director
At the hearing the C I. 0 submitted 21 dues payment record cards showing dues
piyments between June 1 and November 16, 1941, and between Maich and June 1942
Of the 21 cards presented, 18 bear the names of persons who appear on the Company's
pay roll of July 3, 1942.
Theio are approximately 73 employees in the unit alleged by the I B. E W. as
appropriate
4 The C I 0 contended at the hearing that the petition should be dismissed on the
ground that no question concerning the repiesentation of the employees claimed by the
I B E W. had arisen, inasmuch as it was not shown that that oiganization had made
any claim foi recognition on the Company and inasmuch as the election of May 28, 1942,
should he deemed to have settled the sole existing question concerning representation.
Under the circumstances here present, and especially in view of the fact that notice of
the conference resulting in the scheduling of the consent election,, although served on the
American Federation of Labor, does not appear to have been communicated to the
I' B E IV , we overrule this contention
CHASE BRASS & COPPER CO., INCORPORATED ' 865
assistant and working foremen. The assistant foremen spend a con-
siderable amount of their time in supervising. On occasion, when
conditions demand, they will engage in manual labor. All four
employees have no right to hire or discharge; however, they have the
right to recommend discharge and on occasion have recommended the
hiring of employees. Their rate of pay is considerably higher than
that of production workers. We find that these employees are super-
visory employees and accordingly we shall exclude them.
Crane oiler: The I. B. E. W. desires his exclusion, and the C. I. O.
desires his inclusion. His duties consist of oiling bearings and motors
,in general in the cranes. This equipment is all electrical equipment,
and he is on the pay roll of the electrical department. He is not an
electrician, but is trained for approximately 2 to 3 months concerning
the electrical parts contained in the cranes. We find that he should be
included in the proposed unit.
. Crane repairman: This employee is designated as an, electrician and
mechanical engineer. The, I. B. E. W. desires his exclusion. The
C. I. O.'s position is not clear. We find that he should be included.
Stock clerks: There is a chief stock clerk who is in complete charge
of the stock and whose responsibility it is to see that the stockroom is
kept adequately equipped for purposes of plant operations. His
hours are from 7 a. m."to 3 p. in. -He has a female assistant whose duty
it is toassist him on the maintenance of stock records and the inventory
of stock. She also works on the 7 to 3 shift. The Company employs
one other stock clerk who works on the 3 to 7 shift. The I. B. E. W.'
would include the chief stock clerk and would exclude the assistant
to the chief' and the stock clerk. The C. I. O. would exclude the chief
and his assistant, and would include the stock clerk. We conclude that
these employees should be excluded.
Janitor: The I. B. E. W. would exclude him, and the C. I. O: would
include him. He is specially trained to clean the electrical transformer
rooms and switch' rooms in a manner- insuring his safety ' around the
electrical equipment. We find that he should be included.
Telephone, clock, and signal men: The Unions desire their inclusion.
They are engaged in telephone, clock, and signal work, which includes
the bell ringing transformers and signals of various types from the
offices. We find-that they should be included.
Electric motor oiler: The Unions desire his inclusion. He,assists
in general electric motor repair work; as well as oiling motors.. We
conclude that he should be included.
Pyrometer and control maintenance man: The Unions desire his
inclusion. He' is specially trained to maintain and repair pyrometer
control equipment'for furnaces and is classified as an electrician. We
conclude that he should be included.
481039-42-voL 43-55
8'66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Electric motor or truck maintenance men: The Company employs
seven of these employees. They are subject to the supervision of the
electrical department, but because of lack of space in the general elec-
trical department, are located in another room. Their duties consist
of working on the electrical trucks. The Unions would include,them.
We find that these employees should be included.
Utility mean: His work is similar to that of an automobile mechanic.
The I. B. E. W. would exclude him. The C. I..O.'s position is not
clear. We conclude that.he should be excluded.
Spare man: He acts as a spare operator of electrical trucks 50 per-
cent of the time, and the remaining time is engaged in repairing these
trucks. The Unions would include him. We find that he should be
included.
Switchboard operators: These employees are stationed in the power
plant and operate the switchboards which control the power and light-
ing circuits of the plant. They must first serve as electricians in the
electrical department before they are transferred to the power plant.
The I. B. E. W. would exclude -them, and the C. I. O. would include
them. We conclude that they should be included.
Having found that the electrical employees could properly function
as a separate bargaining unit, or could properly comprise part of a
broader, plant-wide unit, we shall make no final determination of
appropriate unit at this time, but shall direct that the question con-
cerning representation which has arisen be resolved by an election by
secret ballot among all electrical workers of maintenance and con-
struction employed by the Company, including the crane oiler, the
crane repairman, the janitor, the telephone, clock, and signal men,
the electric-motor oiler, the pyrometer and control maintenance man,,
the electric motor or truck maintenance men, the spare men, and the
switchboard operators, who were employed during the pay-roll, period
immediately preceding the date of our Direction of Election herein,
subj ct to the limitations and additions set forth in the Direction, but
excluding the assistant and working foremen, the stock clerks, and
the utility man, to determine whether they desire to be represented
by the I. B. E. W., the C. I. 0., or neither. Upon the results of this
election will depend in part our determination of the appropriate
unit. If a majority of the electrical workers select the I. B. E. W. as
their representative, they will constitute a'separate unit.
DIRECTION OF. ELECTION
By virtue of and pusuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
CHASE BRASS & COPPER CO., INCORPORATED 867
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 Chase Brass, &
.Copper Co.; Incorporated, Waterbury, Connecticut, at its Waterville.
plant, an election by secret ballot- shall be conducted 'as ' early as,pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion of Election, under the direction and supervision of the Regional
Director for the Second Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III,
Section°9, of said Rules and Regulations, among all electrical workers
of maintenance and construction employed by the Company, during
the pay-roll period immediately preceding the- date of this Direction,
including the crane oiler, the crane repairman, the janitor, the tele-
phone, clock, and signal men, the electric-motor oiler, the pyrometer
and control maintenance man, the electrical motor or truck mainte-
nance men, the spare man, and,the switchboard operators, and includ-
ing employees' who did Snot work during such pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding the
assistant and working foremen, the stock clerks, and the utility man,
and any employees who have since quit or been discharged -for cause.'
to determine whether they desire to be represented by International
Brotherhood of Electrical Workers, Local #660, or by International
Union of Mine, Mill & Smelter Workers, C. I. 0., for the purposes of
collective bargaining, or by neither.
CHAIRMAN MILT Ts took no part, in the consideration of the above
Decision and Direction of Election.