Bryce Brothers Co.

National Labor Relations Board - Board Decisions

Aug 13, 1941

34 N.L.R.B. 255 (N.L.R.B. 1941)

In the Matter of BRYCE BROTHERS COMPANY and AMERICAN FLINT
GLASS WORKERS UNION OF NORTH AMERICA (A. F. L.)
Case No. R-2769.-Decided August 13, 1941
Jurisdiction : blown-glass products manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal by Company to accord union recognition until it is certified by the
Board; pay roll preceding shutdown to determine eligibility; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including watchmen; exclusion of executives, foremen, assistant,
foremen, nurses, timekeepers, and clerical and office employees ; stipulation
as to.
Mr. Ralph A. Lind, of New York, N. Y., for the Company.
Mr. Charles M. Scheff, of Toledo, Ohio, for the Union.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 16, 1941, American Flint Glass Workers Union of North
America (A. F. L.), herein called the Union, filed a petition with
the Regional Director for the Sixth Region (Pittsburgh, Pennsyl-
vania) alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Bryce Brothers Company,'
Mount Pleasant, Pennsylvania, herein called the Company, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On July 5, 1941, the National Labor Rela-
tions Board, herein called the Board,- acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On July 10, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
1 Erroneously designated as Bryce Brothers Glass Company prior to the hearing;
corrected by stipulation at the hearing
34 N. L. R. B., No 35.
255
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notice a hearing was held on July 21, 1941, at Pittsburgh,
Pennsylvania, before Henry Shore, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company was represented
by counsel, the Union by an official representative; both participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. No objections to the.rulings of the Trial
Examiner were made by any of the parties. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial er-
rors were committed The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bryce Brothers Company, a Pennsylvania corporation, with its
principal office and plant at Mount Pleasant, Pennsylvania, is engaged
in the production, manufacture, and sale of blown-glass tableware
and other glass products.
The principal raw materials used by the Company consist of
hydrated carbonate of potash, litharge, soda ash, nitrate of soda,
sand, zinc oxide, borax, arsenic, manganese, bone ash, powdered sele-
nium, yellow oxide uranium, orange cadmium sulphide, powdered
blue, black cobalt oxide, red oxide copper, black oxide copper, ground
burnt lime, hydroflouric acid, and red oxide of iron. During 1940
the Company purchased raw materials valued at about $49,000,
approximately 10 per cent of which was shipped to the Company's
plant in the State of Pennsylvania, primarily from the States of
New York and Ohio. During the same period the Company manu-
factured products valued at approximately $980,000, of which in ex-
cess of 95 per cent was shipped to destinations outside the State of
Pennsylvania. The Company employs approximately 500 employees
at its plant at Mount Pleasant, Pennsylvania.
II. THE ORGANIZATION INVOLVED
American Flint Glass Workers Union of North America is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on May 22, 1941, the Company received
a telegram from the Union, in which the Union claimed to repre-
sent a majority of the Company's employees and requested recognition
as exclusive bargaining representative. On June 13, 1941, the Company
declined to recognize the Union unless and until it is certified by
BRYCE BROTHERS COMPANY 257
the Board as the statutory representative of the employees. The
report of the Regional Director introduced in evidence at the hearing
shows that the Union represents a substantial number of the em-
ployees in the unit hereinafter found to be appropriate .2
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 .1, 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated, and we find; that all production and main-
tenance employees in the Company's plant, including watchmen, but
excluding executives, foremen, assistant foremen, nurses, timekeepers,
and clerical and office employees, constitute a unit appropriate for
the purposes of collective bargaining. We find further that said
unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The parties agreed at the hearing that eli-
gibility to vote in such an election should be determined on the basis
of the Company's pay roll for the week ending May 17, 1941. In
view of the fact that the Company's plant has been shut down since
May 19, 1941, we shall give effect to the agreement of the parties and
direct that those employees in the appropriate unit employed by the
Company during the pay-roll period ending May 17, 1941, subject to
the limitations and additions as appear in the Direction of Election
hereinafter, shall be entitled to vote in the election.
The parties agreed, and we direct, that notices of election be
mailed by the Company to the employees entitled to vote in the
election.
2 The Regional Director reported that the Union submitted 435 application for mem-
bership cards , all bearing genuine original signatures . Of the 435 signatures, 427
correspond to names appearing on the Company's pay roll of May 17, 1941 , showing 472
employees in the alleged appropriate unit.
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Bryce Brothers Company, Mount Pleasant,
Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees, including watch-
men, but excluding executives, foremen, assistant foremen, nurses,
timekeepers, and clerical and office employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Bryce Brothers Company, Mount Pleasant, Pennsyl-
vania, 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 Di-
rector for the Sixth Region, acting in this matter as, agent for the
National Labor Relations Board, and subject to Article III, Section
9, of said Rules and Regulations, among all production and mainte-
nance employees of Bryce Brothers Company, Mount Pleasant, Penn-
sylvania, who were employed during the pay-roll period ending
May 17, 1941, including watchmen, employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding executives, foremen, assistant foremen,
nurses, timekeepers, clerical and office employees, and employees who
have quit or been discharged for cause, to determine whether or not
they desire to be represented by American Flint Glass Workers Union
of North America, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Direction of Election.