Revere Copper and Brass, Inc.

National Labor Relations Board - Board Decisions

Jul 15, 1943

51 N.L.R.B. 350 (N.L.R.B. 1943)

In the Matter of REVERE COPPER AND BRASS , INC. and LOCAL No. 10,
INTERSTATE COPPER & BRASS WORKERS UNION
Case No. B-5409.-Decided July 15, 1943
Evans, Stevens & Evans, by Mr . Arthur S. Evans , of Rome, N. Y.,
for the Company.
Mr. Harold Massey, of Rome, N. Y., for Local No. 10.
Mr. Glenn L. Moller , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local No. 10, Interstate Copper &
Brass Workers Union, -herein called Local No. 10, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Revere Copper and Brass, Inc., Rome, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Frances V.
Cole, Trial Examiner. Said hearing was held at Rome, New York,
on May 18, 1943. The Company and Local No. 10 appeared, partici-
pated, 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. 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
Revere Copper and Brass, Inc., a Maryland corporation, is engaged
in the manufacture of copper and brass products at plants located in
the States of Illinois, Michigan, New York, Massachusetts, and Mary-
land. The Company operates two plants at Rome, New York, and
also operates, in the same city, a small printing shop which supplies
51 N. L. R. B., No. 73.
350-
REVERE COPPER AND BRASS, INC. 351
printed materials for use in all the Company's offices and plants. The
Rome, New York, operations of the Company are the only part of its
business involved in this proceeding.
During the year 1942 the Company used at its various plants raw
materials amounting to more than $78,000,000, in value, over 75 percent
of which represents shipments to the Company's plants from points
outside the States in. which the respective plants are located. During
the same period, the Company manufactured at its various plants
products having a value in excess of $100,000,000, over 50 percent of
which represented shipments to points outside the States in which said
products were manufactured.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local No. 10, Interstate Copper & Brass Workers Union is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to filing its petition for investigation and certification in the
instant case , Local No. 10 requested that the Company recognize it as
the exclusive bargaining representative of the Company's printing
shop employees. The Company refused Local No. 10's request, con-
tending that it cannot properly act as a bargaining agent for the em-
ployees here involved.
Interstate Copper & Brass Workers Union has three locals in Rome,
New York. The membership of Locals Nos. 1 and 2 comprises produc-
tion and maintenance employees of the Company's two plants at Rome,
while the membership of the petitioner, Local No. 10, with the excep-
tion of the printing shop employees here involved, comprises employees
who, the Company claims, are supervisors, namely, group leaders,
section operators and four working foremen, all of whom are employed
in one or both of the Company's two manufacturing plants in Rome.
The Company admits that the unit proposed by Local No. 10 is appro-
priate, but contends that a union of supervisory employees cannot
properly represent non-supervisory employees; that Local No. 10 is
composed primarily of supervisory employees ; and that the Board
should therefore refuse to entertain its petition for certification as bar-
gaining representative for the non-supervisory employees of the print-
ing shop.
The Company has for several years recognized and bargained with
Locals Nos. 1 and 2 of Interstate Copper & Brass Workers Union as
the bargaining representative of the production and maintenance em-
352 DECISIONS OF NATIONAL LABOR RELMPIONS BOARD
ployees of the Company's two manufacturing plants in Rome, New
York. Early in 1942, Interstate organized the group leaders, section
operators, and a few working foremen, and a separate local was estab-
lished for them. Interstate thereafter petitioned the Board for an
investigation and certification as bargaining representative for these
employees. Before the matter was heard by the Board, the Company
agreed td recognize Local No. 10 as the exclusive bargaining representa-
tive for all group leaders and section operators employed in the Com-
pany's Rome Division, as well as for those working foremen who were
members of Local No. 10 at the time the Company agreed to recognize
it. On March 22, 1943, the Company and Local No. 10 entered into a
contract covering the above-described bargaining unit.
Assuming, without deciding, that the alleged supervisors now repre-
sented by Local No. 10 are true supervisory employees who in our
opinion cannot constitute an approprite bargaining unit,' the peti-
tioner is not here seeking to have us establish a unit of these employees.
The Company admits that the bargaining unit here sought is appro-
priate. Our decision that supervisory employees cannot constitute an
appropriate bargaining unit does not, as here contended by the Com-
pany, restrict the right of non-supervisory employees to select a bar-
gaining representative of their own choosing. We reject the Company's
contention that Local No. 10 cannot properly represent the employees
here involved.
A 'statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that Local No. 10 represents a sub-
stantial 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
In substantial accordance with the stipulation of the parties, we
find that all employees in the printing department of the Company
at Rome , New York, excluding the superintendent , foreman , assistant
foreman, and any other employees who have authority to hire, pro-
.mote; discharge, discipline , or otherwise effect changes in the status
of employees , or effectively to recommend such action , constitute a
.unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
i See Matter of Maryland Drydock Company, 49 N. L . R. B. 733 . ( Chairman Millis
dissenting).
The Field Examiner reported that Local No. 10 submitted 18 authorization cards, all
of which bore apparently genuine signatures of persons listed on the Company 's pay roll of -
-April 24, 1943, which contained the names of 26 employees in the appropriate unit.
REVERE COPPER AND BRASS, INC . 353
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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 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 Revere Copper
and Brass, Inc., Rome, 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 Second 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 those employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Local No. 10, Interstate Copper
& Brass Workers Union, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.