Bridgeport Brass

National Labor Relations Board - Board DecisionsOct 27, 1942

45 N.L.R.B. 84 (N.L.R.B. 1942)

In the Matter of BRIDGEPORT BRASS ORDNANCE PLANT and INTERNA- TIONAL UNION OF MINE, MILL AND SMELTER WORK iS, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-40 018.-Decided October 27, 1942 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question â€¢ fail-_ ire to reply to union's request for recognition; temporary employees having a possibility of obtaining permanent status held eligible to vote; election necessary. Unit Appropriate for Collective Bargaining : proposed industrial unit found appropriate notwithstanding request of craft organization for unit confined to employees in power, maintenance, and maintenance and tool departments. Mr. Mead W. Batchelor and Mr. Paul M. Fifer, of Indianapolis, Ind., for the Company. Mr. Angelo Verdu and Mr. Powers Hapgood, of Indianapolis, Ind., for the C. I. O. Mr. M. W. Winko and Mr. Albert Ackeret, of Indianapolis, Ind., and Mr. Paul R. Hutchings, of Washington, D. C., for the Metal Trades Department and the I. A. M. Mr. Louis A. Pontello, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition filed by International Union of Mine, Mill and Smelter- Workers, affiliated with the Congress of Industrial Organizations, herein called the C. ,I. O.; alleging that a question affecting commerce had arisen concerning the representation of employees of the Bridgeport Brass Ordnance Plant, Indianapolis, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Arthur R. Donovan, Trial Examiner. Said hearing was held at Indianapolis, Indiana, on September 28, 1942. The Company, the C. LO., the International Association of Machinists, affiliated with 45 N. L. R. B., No. 17. 84 BRIDGEPORT BRASS ORDNANCE PLANT 85 the American Federation of Labor, herein called the I. A. M., and the Metal Trades Department of the American Federation of Labor, herein called the Metal Trades Department,' appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and,--to introduce evidence bearing,.on the issues. At the hearing the Trial Examiner granted a motion of the C. I. 0. to amend its petition in order to set forth correctly the desired unit. The Trial. Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The C. I. O. and the I. A. M. filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Brideport Biass,Qrdilance Plant, located in Indianapolis, Indiana, is a United States Government owned plant, but was built and is being operated by the Bridgeport Brass Company, Bridgeport, Con- necticut, under a cost "plus fixed-fee operation contract. The plant has used approximately $3,000,000 worth of copper and $1,000,000 worth of zinc since it first went into operation in March 1942. Al- most all the raw material used by the plant is obtained from sources outside the State of Indiana. Since March 1942, the plant has manu- factured castings, strips for shell casings and discs valued in excess of $4,000,000. Approximately 80 percent of the finished products is shipped to the States of Missouri and Pennsylvania, and about 20 percent is shipped to points within the State of Indiana. All of the raw materials, equipment, and the finished products are the property of the United States Government. II. THE ORGANIZATIONS INVOLVED International Union of Mine, Mill and Smelter Workers is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Association of Machinists is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. Metal Trades Department of the American Federation of Labor comprises various crafts affiliated with the American Federation of Labor, which admit to-membership employees of the Company. i The Metal Trades Department intervened in this proceeding on behalf of all its affiliated crafts. 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION By letter dated July 23, 1942, the C. I. 0. advised the Company that it represented a majority of the Company's, production and maintenance employees and requested the Company to recognize it as the exclusive bargaining agency for such employees. The Company received the letter, but it did not make an official reply. ' At the hearing the Company took the position that it could not bargain with . any labor organization until it was instructed to do so by the War Department or any authorized governmental agency. . A report of the Regional Director, introduced. into evidence, and - a statement of the Trial Examiner, disclose that the C. I. 0. repre- sents 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. IV. THE APPROPRIATE UNIT The C. I. 0. urges that all employees of the traffic, power, main- tenance, stockroom, â€¢ sweepers, metal, casting, saw, rolling mill, production control, fabricating engineering, maintenance and tool, manufacturing-fabricating, salvage, inspection, packing and ship= ping, and warehouse departments, excluding, the employees of the personnel, maintenance engineering, and guards departments, office clerks, and supervisory employees, constitute a single -unit appro- priate for the purpose of collective bargaining. The I. A. M. requests a separate unit for all the employees of the power, maintenance, and maintenance and tool departments. The Metal Trades Department contends that the appropriate unit should be identical with the unit alleged as appropriate by the C. I. 0. with the exception that the -power, maintenance, and maintenance and tool departments should be in a separate unit as contended by the I. A. M. The Company takes no position with reference to the unit. There are approximately 1,200 production and maintenance em- ployees, approximately 323 of whom are employed in the departments The C. I. 0 presented 726 authorization cards , which were all dated in 1942, except for some cards which were undated , 581 of the cards bore the apparently genuine signatures of employees on the Company 's pay roll submitted on September 8, 1942. There ace approximately 1200 employees in the unit claimed by the C. I. O. The I. A. M presented to the Regional Director 1 ,01 authoiizatcon cards, which were all dated in 1942, except some that were undated , 83 of the cards bore apparently genuine signatures of employees on the Company's pay roll submitted to the Regional Director on September 8, 1942. There are approximately 323 employees in the unit claimed by the I A. M Of the cards submitted by the I A. M , all but 9 or 10 are in the unit claimed by It. BRIDGEPORT BRASS ORDNAIVCE PLANT 87 claimed by the J. A. M. - The plant involved herein is engaged, in the manufacture of ordnance. The employees of the departments which the C. I. O. desires to include in the appropriate unit are of various skills and they are all engaged in production-and maintenance work. All of the production and maintenance departments are closely related and interdependent. The record indicates that the employees of the power, maintenance, and maintenance and tool departments work as maintenance employees and as such, do not possess any greater degree of skill than the employees of other depart- ments. There are engineers, boiler tenders, and various other employee classifications engaged in work in the power department. There are some 270 employees of various skills in the maintenance department who are engaged in maintaining the plant and supplying the necessary parts for its upkeep. Various classifications of employees, namely, blacksmiths, carpenters, electricians, 'boring mill operators, iron workers, machinists, millwrights, metal workers, painters; tinsmiths, oilers, and various other classifications, work in the maintenance department. The maintenance and tool department maintains the presses, repairs tools, and makes dies. Electricians, machinists, millwrights; oilers, and tool and die makers, are among the employees engaged in work in this department. - There is no history of collective bargaining-at this plant, but the record indicates that the C. I. O. has a contract with the Company at its Bridgeport, Connecticut, plant, which contract covers all pro- duction and maintenance employees. A -representative 'of the Com- pany testified that the contract covered all of the departments which are included in the alleged unit of the C. I. O. . The labor policies of the plant involved herein and of the Bridgeport plant are formu- lated by the same group of company officials. There is no essential distinction between the employees that the I. A. M. seeks to represent and the rest of the employees in the plant. There are many categories of employees, but all are engaged generally in production and maintenance work. The employees in the depart- ments sought to be segregated by the I. A. M. do not constitute such a coherent group that they can be appropriately set up as a distinct bargaining unit. In addition, the I. A. M. made no representation showing as to the power department, and a very unsubstantial show- ing in the maintenance and tool department. There has been no collective bargaining at the plant, and the history of collective bar- gaining at the, Bridgeport plant has been on an industrial basis. For these reasons, we find no merit in the contention of the I. A. M. for a unit of employees of the power, maintenance, and maintenance and tool departments. - 88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The parties agreed to exclude,timekeepers, employees of the per- sonnel, maintenance engineering, and guards departments, office clerks, and supervisory employees. We shall exclude all-these em- ployees from the unit. There is some question as to the supervisory status of the chief inspector and 3 or 4 women who act as so-called supervisors in the inspection department, which employs about 63 female inspectors. The record shows that the chief inspector is in charge of the department, although he does not have authority to hire and discharge.. The 3 or 4 so-called supervisors instruct inspec- tion employees and check their work. We shall exclude the chief - inspector and the 3 or 4 women supervisors, since it appears that their duties are essentially of a supervisory nature. We find that all employees of the traffic, power, maintenance, stockroom, sweepers, metal, casting, saw, rolling mill, production control, fabricating engineering, maintenance and tool, manufactur- ing-fabricating, salvage, inspection, packing and shipping, and warehouse departments, exchuling the employees of the personnel, maintenance engineering, and guards departments, timekeepers, supervisory employees, the chief inspector, and the three or four female supervisors of the inspection department, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERDIINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by 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. The Company contends that approximately 32 employees, who were informed upon being hired of the temporary nature of their work, should be excluded from voting in the election. The C. I. 0. contends that these temporary employees should be permitted to vote. The Metal Trades Department remains neutral on this matter. An official of the Company testified that he did not know how long these employees would be with the Company but that it was possible that they may obtain a permanent status after having obtained 3 months' service with the Company. Under these circumstances, we find that such employees are entitled to participate in the determination of representatives. At the hearing, the I. A. M. and the Metal Trades Department agreed that in the event the unit sought by the C.- I. 0. should be found appropriate they desired that the Metal Trades Department BRIDGEPORT BRASS ORDNANCE PLANT 89 be placed on the ballot and that the name of the I. A. M. be omitted. In view of our finding as to the appropriate unit, we shall omit the name of,the I. A. M. from the ballot, but we shall permit the Metal Trades Department to appear thereon, pursuant to its request, as "Metal Trades Department and its affiliated organizations of the A. F. L." 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 Rela- tions 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 Bridgeport Brass Ordnance ,Plant, Indianapolis, Indiana, 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 super- vision of the Regional Director for the Eleventh 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 of Election, including temporary employees and further including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tein- porarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union of Mine, Mill and -Smelter Workers, C. I. 0., or by Metal Trades Department and its affiliated organizations of the A. F. L., for the purposes of collective bargaining, or by neither: MR. GERARD D. RLILLY took no part in the consideration of- the above Decision and Direction of Election.