The Ohio Brass Company

National Labor Relations Board - Board Decisions

Jun 3, 1939

13 N.L.R.B. 72 (N.L.R.B. 1939)

In the Matter of THE OHIO BRASS COMPANY and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 747 (C. I. 0.)
Case No. B-1226.-Decided June 3) 1939
Electrical Insulator Manufacturing Industry-Investigation of Representa-
tives: question concerning representation of employees : refusal of employer
to recognize petitioner as exclusive bargaining representative for employees-
Unit Appropriate for Collective Bargaining : all hourly paid employees , includ-
ing clerical employees working in production departments , but excluding office
and other clerical employees , foremen, assistant foremen, and other supervisory
employees ; stipulated as to-Representatives : proof of choice : signatures
attested by witnesses-Certification of Representatives : upon proof of majority
representation.
Mr. Harry L. Lodish, Mr. Max W. Johnstone, and Mr. Bernard
R. Bralove , for the Board.
Day, Young, Veach d LeFever, by Mr. Thomas F. Veaeh, of
Cleveland , Ohio, for the Company.
Mr. Edwin Beal, of Delaware , Ohio, and Mr. Arthur L. Garfield,
of Barberton , Ohio, for the United.
Mr. James M. Duffy, Mr. George Turner, and Mr. James J. Mc-
Gowan, of East Liverpool , Ohio, and Mr. Joshua Chadwick, of
Newell , W. Va., for the Brotherhood.
Mr. Wallace Cooper , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 50938, United Electrical, Radio and Machine Workers
of America, Local 747, herein called the United, filed with the Re-
gional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion and on September 9, 1938, an amended petition, both petitions
alleging that a question affecting commerce had arisen concerning
the representation of employees of The Ohio Brass Company, Bar-
berton, Ohio, herein called the Company, and requesting an inves-
tigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
13 N. L. R. B., No. 10.
72
THE OHIO BRASS COMPANY 73
the Act. On November 18, 1938, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the
Act and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, ordered an investi-
gation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
• On December 29, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the United., On January 7, 1939, the Regional Director gave
informal notice of the hearing to National Brotherhood of Operative
Potters, herein called the Brotherhood, and the International Union
of Operating Engineers, herein called the International. Pursuant
to the notices, a hearing was commenced on January 9, 1939, at Bar-
berton, Ohio, before Webster Powell, the Trial Examiner duly desig-
nated by the Board. The Board, the Company, the United, the
Brotherhood, and the International were represented by counsel or
other representatives and participated in the hearing. After the
formal papers were introduced in evidence, the hearing was, on mo-
tion of the Brotherhood, postponed indefinitely until a date there-
after to be set by the Board.
On January 16, 1939, the Regional Director issued a notice of
resumption of hearing, copies of which were duly served upon the
Company, upon the United, upon the Brotherhood, and upon the
International. Pursuant to the notice, a hearing was held on Janu-
ary 30 and 31, 1939, at Barberton, Ohio, before Herbert Wenzel, the
Trial Examiner duly designated by the Board in place and stead
of Webster Powell. The Board and the Company were represented
by counsel and the United and the Brotherhood by their represent-
atives. All parties except the International participated in the
hearing.
On February 7, 1939, the United filed with the Regional Director
a motion to reopen the proceeding for the introduction of additional
evidence, which motion was granted by order of the Board dated
February 18, 1939. On February 25, 1939, the Regional Director,
pursuant to said order, issued a notice of hearing, copies of which
were duly served upon the Company, upon the United, upon the
Brotherhood, and upon the International. Pursuant to the notice, a
hearing was held on March 13, 1939, at Barberton, Ohio, before
William P. Webb, the Trial Examiner duly designated by the Board.
The Board and the Company were represented by counsel and the
United and the Brotherhood by their representatives. All parties
except the International participated in the hearing.
At the various hearings, full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the issues was afforded all parties . During the course of the hearings
the Trial Examiners made several rulings on motions and on objec-
tions to the admission of evidence . The Board has reviewed the
rulings of the Trial Examiners and finds that no prejudicial errors
were committed . The rulings are hereby affirmed . Trial Examiner
Powell reserved decision on the Company 's motion to dismiss the
petition upon jurisdictional grounds, and Trial Examiner Webb re-
served decision on the Company's motion to dismiss the petition
because of insufficiency of substantial and competent evidence in sup-
port thereof . These motions are hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Ohio Brass Company is a corporation organized and existing
under the laws of the State of New Jersey, having its principal plant
and place of business at Mansfield, Ohio. It is also engaged in the
operation of a plant at Barberton, Ohio, which is the only plant
affected by this proceeding. The Company also has two wholly
owned subsidiaries : Ohio Brass Company, an Ohio corporation hav-
ing its principal place of business at Mansfield, Ohio, it being the
sales corporation for all of the products manufactured by the
Company; and Canadian Brass Company, Niagara Falls, Ontario,
Canada.
The Company is engaged at its Barberton plant in the manufac-
ture of high-voltage porcelain insulators for use in trolley-line dis-
tribution and substations. During 1937, the Company purchased for
use at the Barberton plant $950,000 worth of raw materials. Ap-
proximately 53 per cent of such raw materials were obtained from
outside the State of Ohio. The value of the products manufactured
at the Barberton plant during 1937 amounted to $1,792,000. Such
products were sold to Ohio Brass Company, which in turn shipped
approximately 93 per cent thereof outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America, Local
747, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to its membership all hourly paid em-
ployees of the Company at its Barberton plant, including clerical
employees working in production departments, employees in the
shipping department and the electrical laboratory, boiler firemen,
machinists, and watchmen, but excluding supervisory, office, and
other clerical employees.
THE OHIO BRASS COMPANY 75
National Brotherhood of Operative Potters is a labor organization
affiliated with the American Federation of Labor. On and prior to
May 27, 1938, a substantial number of the hourly paid production
employees of the Company at its Barberton plant were members of
Local 149 of the Brotherhood. Shortly thereafter, however, Local
149 surrendered its charter to the Brotherhood.
International Union of Operating Engineers, a labor organiza-
tion affiliated with the American Federation of Labor, appeared at
the hearing on January 9, 1939, but failed to appear and participate
in any of the subsequent hearings, although it was given formal
notice thereof. It has raised no issue for our determination herein.
in. THE QUESTION CONCERNING REPRESENTATION
From 1933 until on or about May 27, 1938, a substantial number
of the hourly paid production employees of the Company at its
Barberton plant were members of Local 149 of the Brotherhood.
On May 27, 1938, at a regular meeting of Local 149, the members
present voted unanimously to withdraw from the Brotherhood and
early in June 1938 the charter, books, seal, and monies of Local 149
were surrendered to the Brotherhood.
During the early part of June 1938 the United was chartered.
The charter was "installed" at a meeting held on June 10, 1938, and
attended by approximately 150 employees at the Barberton plant.
Shortly after June 10, 1938, the United informed the Company that
its employees had changed their affiliation from the Brotherhood to
the United. Thereafter, on July 27, 1938, and during August and
November 1938, the United requested the Company to recognize it
as exclusive bargaining representative of the Company's employees
at the Barberton plant. The Company refused to grant such
recognitipn.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
It was stipulated at the hearing beginning on January 30, 1939,
that all hourly paid employees of the Company at its Barberton
plant, including clerical employees working in production depart-
ments, but excluding office and other clerical 'employees, foremen,
assistant foremen, and other supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining. John
W. Knight, secretary-treasurer of the United, testified that such
unit would be inclusive of maintenance men, employees in the ship-
ping department and the electrical laboratory, boiler firemen, ma-
chinists, and watchmen. This testimony, apparently given for the
purpose of clarification of the terms of the stipulation, was not con-
troverted by any of the parties at the hearings.
We find that all of the hourly paid employees of the Company at
its Barberton plant, including clerical employees working in pro-
duction departments, maintenance men, employees in the shipping
department and the electrical laboratory, boiler firemen, machinists,
and watchmen, but excluding office and other clerical employees,
foremen, assistant foremen, and other supervisory employees, consti-
tute a unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of the Company in its Bar-
berton plant the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There was introduced in evidence at the hearing beginning on
January 30, 1939, a list of the employees of the Company within
the unit which we have found appropriate who were employed dur-
ing the pay-roll period next preceding January 30, 1939. The list
contained the names of 315 employees. 14
It was stipulated at the aforesaid hearing that the names of 267
of the said 315 employees appeared on membership application cards
of the United. The Company and the Brotherhood entered into
such stipulation on the basis that they did not thereby concede the
authenticity of the signatures on the application cards, that the
cards were signed without coercion or intimidation, or that the per-
sons whose names appeared on the cards desired the United as their
bargaining representative. It was further stipulated that, on the
basis of the United dues record book, 258 of the 267 persons whose
names appeared on United's membership application cards had at
various times paid dues to the United. J. W. Knight, financial sec-
retary of the United, testified that the dues record book was kept by
him and was in his custody at all times.
THE OHIO BRASS COMPANY 77
The Brotherhood conceded that it had no local or any members
at the Barberton plant at the time of the hearing. It contended,
however, that there were employees at the plant who desired to be
represented by the Brotherhood and that the affiliation of the em-
ployees with the United was due in part to collusion between the of-
ficers of its former Local 149 and the United. There was, however,
no proof submitted in support of such contentions.
At the hearing held on March 13, 1939, there were submitted in
evidence petitions signed by 257 persons in which said persons re-
affirmed their designation of the United as their bargaining repre-
sentative. Most of the persons signing the petitions did so on Feb-
ruary 3 or 4, 1939, and the others did so prior to February 26, 1939.
Two hundred fifty-five of the names appearing on the petitions ap-
pear also on the Company's pay roll for the pay-roll period next
preceding January 30, 1939, and two hundred forty-seven of the
names appearing on the petitions appear also on the application
cards submitted in evidence at the prior hearing. Each petition
contained opposite the individual signatures the signature of a wit-
ness.' The persons signing as witnesses testified at the hearing that
they had witnessed the signing of the petitions by the respective
individuals.
On the basis of the foregoing, we find that the United has been
designated and selected by a majority of the employees in the ap-
propriate unit as their representative for the purposes of collective
bargaining. It is, therefore, the exclusive representative of all the
employees in such unit for the purposes of collective bargaining and
we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Ohio Brass Company, Barberton,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All of the hourly paid employees of the Company in its plant
located at Barberton, Ohio, including clerical employees working
in production departments, maintenance men, employees in the ship-
ping department and the electrical laboratory, boiler firemen, ma-
chinists, and watchmen, but excluding office and other clerical em-
1 There was no name of a witness opposite the name of David Harris. However, W. A.
Oliver testified that Harris signed the petition in his presence and that through oversight
he failed to sign as a witness to Harris' signature.
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, foremen, assistant foremen, and other supervisory employ-
ees, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. United Electrical, Radio and Machine Workers of America,
Local 747, is the exclusive representative of all the employees in such
unit for the purposes of collective bargaining, within the meaning
of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Local 747, has been selected by a majority of
all of the hourly paid employees of the Company in its plant at
Barberton, Ohio, including clerical employees working in produc-
tion departments, maintenance men, employees in the shipping de-
partment and the electrical laboratory, boiler firemen, machinists,
and watchmen, but excluding office and other clerical employees,
foremen, assistant foremen, and other supervisory employees, as
their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, United
Electrical, Radio and Machine Workers of America, Local 747, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Certification of Representatives.