American Brass Co.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 137 (N.L.R.B. 1943)

In the Matter of AMERICAN BRASS COMPANY and INTERNATIONAL
UNION, MINE, MILL AND SMELTER WORKERS, C. I. O.
Case No. B-5588.-Decided July 8, 19.43
Mr. Lyman M. Bass, of Buffalo, N. Y., for the Company.
Mr. Neil Eastman, of Buffalo, N. Y., for the Smelter Workers.
Mr. Herbert J. Schiff hcuer, of Buffalo, N. Y., for the Federated.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, Mine, Mill and
Smelter Workers, C. 1. 0., herein called the Smelter Workers, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of American Brass Company, Buffalo, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Peter J.
Crotty, Trial Examiner. Said hearing was held at Buffalo, New York,
on June 22, 1943. At the commencement of the hearing the Trial
Examiner granted a motion of Abco Local No. 120, Federated Indus
trial Union, herein called the Federated, to intervene. The Company,
the Smelter Workers, and the Federated appeared at and participated
in the hearing, and all parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. During the course of the hearing counsel
for the Federated moved to dismiss the petition. The Trial Examiner
reserved ruling. The motion is hereby denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. -
All parties were afforded 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
American Brass Company is a Connecticut corporation operating
a plant at Buffalo, New York, where it is engaged in the fabrication of
51 N. L. R. B., No. 29.
137
138 DECISQONS OF NATLONAL LABOR RELATIONS BOARD
copper and brass. During 1942 the Company used raw materials at its
Buffalo plant valued at about $13,000,000, approximately 90 percent
of.which was shipped to it from points outside the State of New York.
During the same period the Company manufactured products at its
Buffalo plant valued at about $30,000,000, approximately 90 percent
of which was shipped to points outside the State of New York. The
Company admits, for the purpose of this proceeding, that it is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, Mine, Mill and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Abco Local No. 120, Federated Industrial Union, is a labor organiza-
^.tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to May 17, 1943, the Smelter Workers requested the Company
to recognize it as the exclusive collective bargaining representative of
its employees. The Company refused this request on the ground that
it was operating under a contract with the Federated.
On July 20, 1942, the Federated and the Company entered into an
exclusive bargaining contract. The contract is for a period of 12
months and further provides that it shall renew itself thereafter from
year to year unless either party thereto notifies the other of a desire
to terminate not less than 30 days prior to any annual expiration date.
The Federated contends that the contract is a bar to the instant pro-
ceeding. Inasmuch as the Smelter Workers made its claim upon the
Company prior to June 20, 1943, the date upon which the contract
,would.,have automatically renewed itself ,,we,find, that the contract does
not constitute a bar to a present determination of representatives.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Smelter Workers represents a
substantial number of employees-in the unit hereinafter found to be
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.
1
' The Field Examiner reported that the Smelter Workers presented 836 membership appli-
cation cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of May 23, 1943. There are' approximately 2412 employees in the
appropriate unit The Federated relies upon its contract as evidence of its interest.
AMERICAN BRASS COMPANY 139
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all hourly paid production and maintenance employees of the
Company, excluding all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, foremen, assistant
foremen, supervisors, assistant supervisors, timekeepers, office and
clerical employees, technical and laboratory employees, and plant
guards, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act 2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of 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.
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 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 American Brass
Company, Buffalo, New York, 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 Third iRegion, 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 em-
ployed 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 International Union, Mine,
Mill and Smelter Workers, affiliated with the Congress of Industrial
Organizations, or by Abco Local No. 120, Federal Industrial Union,
for the purposes of collective bargaining, or by neither.
s This is substantially the same unit that is provided for in the contract between the
Federated and the Company.