American Brass Co.

National Labor Relations Board - Board Decisions

Mar 3, 1944

55 N.L.R.B. 245 (N.L.R.B. 1944)

In the Matter of AMERICAN BRASS COMPANY and INTERSTATE COPPER
AND BRASS WORKERS UNION, AFFILIATED WITH CONFEDERATED UNIONS
OF AMERICA
Case No. 3-R-699.-Decided March 3, 1944
Mr. Milton Addison Nixon, for the Board.
Kenefack, Cooke, Mitchell, Bass cC Letchworth, by Messrs. Lyman
N. Bass and LeGrand F. Kirk, of Buffalo, N. Y., for the Company.
Mr. John F. Cusack, of Chicago, Ill., and Mr. James Kosma, of
Rome, N. Y., for the Copper and Brass Workers.
Mr. Neil Eastman, of Buffalo, N. Y., for the Smelter Workers.
Mrs. Ellen Davidson, of Buffalo, N.-Y., for the Office Workers.
Miss S. Catherine Wilson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Interstate Copper and Brass Workers
Union, affiliated with Confederated Unions of America, herein called
the .Copper and Brass Workers, alleging that a question affecting
commerce had arisen concerning the representation of employee, of
American Brass Company, Buffalo, New York, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Peter J. Crotty, Trial Ex-
aminer. Said hearing was held at Buffalo, New York, on December 8,
1943. At the hearing the Trial Examiner granted motions to inter-
vene made by the International Union, Mine, Mill & Smelter Workers,
affiliated with the Congress of Industrial Organizations, herein called
the Smelter Workers, and by the United Office and Professional
Workers of America, affiliated with the Congress of Industrial
Organizations, herein called the Office Workers. The Company,
the Copper and Brass Workers, the Smelter Workers, and the Office
Workers appeared and participated. All parties 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
55 N. L. R. B., No. 42.
245
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rulings made at the hearing are free from prejudicial error .fund are
hereby affirmed. All parties were afforded an' opportunity to file
briefs with the Board.
Upon the entire record in'the case, the Board makes the folloaving :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
AIner'ican Brass Company, aConnecticut corporation, is engaged
in the fabrication of copper and brass at Buffalo, New York. During
the year 1942, the Company used at itsBuffalo plant raw materials
amounting in value to approximately $13,000,000, of which approxi-
mately 90,percent represented shipments from points outside the
State of New York. In the same year the Company manufactured
,at its Buffalo plant finished products amounting in value to approxi-
mately $30,000,000, of which approximately 90 percent represented
shipments to points outside the State of New York.
The Company, admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Interstate Copper and Brass Workers Union , affiliated with Con-
federated dUnions of America , is a labor organization admitting to
membership employees of the Company.
United Office and Professional Workers of America , and Interna-
tional Union , Mine, Mill & Smelter Workers , both affiliated with the
Congress of Industrial Organizations . are labor organizations admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
. The Company+ has refused to grant recognition to the Copper and
Brass Workers as exclusive bargaining representative of employees
in the alleged appropriate unit until it has been certified by the
Board.
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the Copper and Brass Workers repre-
sents a substantial number of employees in the unit hereinafter found
appropriate.' ,
1
' The Field Examiner reported that Copper and Brass workers submitted 55 application
for membership cards , vhidh bole apparently genuine original signatures ; that the names
of 49 persons appearing on the cards were listed on the Company 's .pay roll of October
24, 1943, which contained the names of 105 employees in the appropriate unit ;, that the
cards were dated as follows November 1943, 1: October 1943. 7; September 1943, 40;
August 1943, 1 He reported that the Ofhce workers submitted 4 application cards which
bore apparently genuine original signatures, that the names of 2 persons appearing on
'the cards were listed on the Company's pay roll of October 24 1943, which contained the
names of 105 employees in the appropt late unit that the applications were dated November
1943.
AMERICAN BRASS COMPANY 247
We find-t1iat.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
The Copper and Brass Workers requests a unit comprising all
mill clerical employees .(including methods, promise, cost, receiving
and shipping clerks), testers, laboratory employees, and timekeepers,
but excluding premium clerks, time-study clerks, general office and
clerical employees, confidential secretaries,, chief timekeeper, chief
clerks in operating departments, heads of divisions in the labor rela-
tions 'department, and supervisory employees 2 The Office Workers
Would enlarge the knit to include the Company's main office employees.
The Company objects to the unit-on the ground that the employees
included therein are engaged in managerial or confidential functions.
The Smelter Workers contests the inclusion in the unit of testers,
claiming that these employees fall within the production and mainte-
nance unit for which it is the certified bargaining representative.'
As indicated 'above; the Office Workers would include the main office
employees in the unit sought. , The mill clerks and the main office
employees are carried on independent pay roll; they have different
vacation schedules ; and there is little interchange between the two
groups of employees. The mill clerks are paid generally on an hourly
basis, while the main office employees are paid generally on a salary
basis. Moreover, the Office Workers has failed to produce any evidence
of representation among the main office employees. Under these
circumstances, we are of the opinion that the main office employees
should not be added to the unit of mill clerical and laboratory em-
ployees hereinafter found appropriate.
We find no merit in the general contention of the Company that
the mill clerical and laboratory employees perform functions of a
managerial or' confidential, nature. There is no evidence that the
duties of these employees are closely allied to management or that
they involve knowledge of matters pertaining to labor relations. In
addition, however, the Company made particular objection to the
inclusion of cost clerks and departmental timekeepers. The cost
clerks follow metal assigned to the various orders through the mill
2 The laboratory employees, whom the Copper and Brass Woikers would include, and
the premium and time-study clerks, whom it would exclude, are housed in what is known
as the mill office building The remaining employees in the unit sought by the Copper and
Brass Workers are located in the mill, which building houses the production and mainte-
nance employees
3On August 18, 1943, pursuant to a Board directed, election (51 N. L.'B. B. 137), the
Smelter Workers was certified as the bargaining representative of the Company's produc-
tion and maintenance employees, exclusive of supervisory, office, clerical, technical, and
laboratory employees, timekeepers, and plant guards.
248 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operations and record details concerning methods, cost, lapsed time,
number of men involved, and the cost of scrap metal.- Upon the basis
of their compilations, management 'sets its prices. We are of the
opinion that these functions do not warrant the exclusion of the cost,
clerks from the unit. The departmental' timekeepers, on the other
hand, are entrusted with the responsibility of keeping the time books
of the departmental foremen. They are responsible to the foremen,
who delegate to the timekeepers the duty of checking each individual
on the job shortly after the beginning of the shift and again after
the lunch period. The check thus made is compared weekly with the
time cards which employees are required to punch daily. In view of
the duties thus delegated by the foremen to 'them' we shall
exclude departmental timekeepers from the unit hereinafter found
appropriate.
The testers, who the Smelter Workers contends are part of the pro-
duction and maintenance unit which it represents, make certain
laboratory tests upon samples` of metal, and record the results. Be-
cause of lack of space in the 'main laboratory, they perform their
duties in a boarded-off room in'the mill.' By reason of their physical
location they are under supervision of the'mill foremen,.but in case of
difficulty with. their work they consult the ,main laboratory. The
qualifications and work performed by testers and employees in the
main laboratory are similar, neither group being required to possess
technical education or experience. We find that the testers are, in
effect, laboratory employee's, and me shall, therefore, include them in
the unit.4
We find that all mill clerical employees (including' methods,
promise, cost, receiving and shipping clerks), testers, and laboratory
employees, but excluding departmental timekeepers, premium, clerks,
time-study clerks, general office and clerical employees, confidential
secretaries, chief 'timekeeper, chief clerks in operating departments,
heads of divisions in the labor relations department, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
As previously stated, laboratory employees were expressly excluded from the produc-
-tion and maintenance unit for which the Smelter Workers was certified . Although there
is evidence that some of the testers voted under challenge in the prior election conducted
among the Company's production and maintenance employees , there is no evidence that
the issue of their inclusion or exclusion within the production and maintenance unit has
been raised or determined during the contract negotiations now pending between the Com-
pany and the Smelter Workers. In view of our finding above, we shall not accord the
Smelter Workei s a place on the ballot. ,
AMERICAN BRASS COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
249
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 Election
herein, subject to the limitations and additions set forth in the Direc-
tion. The Copper and Brass Workers requests that its name appear
on the ballot as International Copper and Brass Workers Union, C.
U. A.; and the Office Workers, that its name appear as United Office
and, Professional Workers of America, C. I. O. The requests are
hereby granted.
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 3, 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 Region,,acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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
and have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by International
Copper and Brass Workers Union, C. U. A., or by United Office
and Professional Workers of America, C. I. 0., for, the purposes of
collective bargaining, or by neither.