C. I. Brink, Inc.

National Labor Relations Board - Board Decisions

Jul 20, 1944

57 N.L.R.B. 477 (N.L.R.B. 1944)

In the Matter of C. I. BRINK , INCORPORATED and UNITED STEEL-
WORKERS OF AMERICA, C. I. O. 1
Case No. 1-R-1846.-Decided July PO, 1944
Mr. James F. Connolly, of Boston , Mass., for the Company.
Grant & Ahagoff , by Mr. Sidney S. Grant, of Boston , Mass., for the
Steelworkers.
, Mr. Ernest A. Johnson , of Boston , Mass., for the Council.
Mr. Edward J. Finerty , of East Milton, Mass,., for the Association.
Mr. Bernard Goldberg, of counsel _to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0.; herein called the Steelworkers, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of C. I. Brink, Incorporated, South Boston, Massachusetts, herein
called the Company, the National Labor Relations-Board provided for
to appropriate hearing upon due notice before Leo J. Halloran, Trial
Examiner. Said hearing was held at Boston, Massachusetts, on May
4, 1944. The Company, the Steelworkers, and the, Building and Con-
struction Trades Council of the Boston Metropolitan District, A. F. L.,
herein called the Council, appeared and participated. On May 24,
1944, the Board ordered the record reopened to permit the parties to
adduce further evidence on the scope of the appropriate,unit and to-
give the Massachusetts Sign Contracto'rs' Association, herein called
the Association, an opportunity to appear and present-evidence. Pur-
suant to such order, a second hearing was held at Boston, Massachu-
setts, on June 22, 1944, before the same Trial Examiner. At this sec-
ond hearing the Company, the Steelworkers,the Council, and the As-
sociation, appeared and participated. At both hearings all parties
were afforded full opportunity to be heard, to examine andcross-exam-
ine witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
57NLRB,No.86
477
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cial error and 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 following:
FINDINGS OF. FACT 1
1. THE BUSINESS OF THE COMPANY
C. I. Brink, Incorporated, a Massachusetts corporation, is engaged
in the manufacture` of sheet -metal marine products for the armed
services and in the maintenance and servicing of signs at its plant in
South,Boston, Massachusetts. Of'the raw materials which it uses in
its manufacturing processes, 5 percent is purchased from sources out-
sideI the Commonwealth of Massachusetts. During the year ending
March 1, 1944, the Company shipped finished products of a value in
excess of $50,000 to 'contractors outside the 'Commonwealth.
The Company admits that it.-is ,engaged in commerce within the
meaning of the National Labor Relations- Act. -
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Building and Construction Trades Council of the Boston Metro-
politan District, affiliated with the American Federation of Labor,
is a labor organization admitting 'to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Steelworkers
as the:exclusive bargaining representative of its production and
maintenance employees until the Steelworkers has been certified by
the Board in an appropriate unit. •
A statement of a Board agentintroduced into evidence at the
hearing, indicates that the Steelworkers represents a substantial num-
ber 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.
I The Field Examiner reported that the Steelworkers submitted 52 application cards ; that
the names of 43 persons appearing on the cards were listed on the Company's pay roll
of April 1, 1944; which contained the names of, 83 employees in the appropriate unit; and
that the cards were dated in March 1944. The Council relies on its contract which expired
on March 1, 1944. ' •
' C. ' I. BRINK, 'INCORPORATED 479
iv.' THE APPROPRIATE-UNIT - "
The. Steelworkers seeks a unit of all production and 'maintenance
employees of the Company. The Council, the Association, and tlie?
Company contend that an Association-wide unit is, appropriate. For
many years prior to 1943, the Company was engaged exclusively in
the manufacture and maintenance of neon signs and outdoor adver-
tising displays. In 1943, it discontinued the manufacture of signs
because of its inability to obtain material and converted part of its,
production facilities to the manufacture of sheet metal marine prod-
ucts for the armed services. However, it continued its business of
servicing and repairing signs. Two-thirds of its business is'now' in'
war contracts, with the balance in-the maintenance and repair of
signs. '
Beginning in 1937 and continuing to the present` time, the Associa-
tion, of which the Company is a member, has_ conducted contract
negotiations, with the Council, representing the different craft unions
in the sign industry. While the Association itself hies not signed any.
contracts, the Association members have ,signed identical labor con-
tracts with the Council. Pursuant to such contracts, employee, griev-
ances have been disposed of by the Council and the Association. The
most recent contracts negotiated between the Council and the Associa-
tion expired on March 1, 1944, and at the present time negotiations are
under way between the Association and the Council for new contracts.
Until recently the Council, as a matter of policy, made no attempt
to organize the employees of the Company engaged in the manufacture
of sheet metal marine products; these are, it appears, principally new'
employees not previously employed in the sign business. Although
it had a 'closed-shop contract with the Company, the Council made no,
demands on the employer for compliance with the closed-shop pro-
visions with respect to these employees. - The Council's position is that
the Company will revert exchfsively to the manufacture of signs upon
termination of the war and 'that thereafter there will be no place
for these employees because'of their lack of specialized training and
skill in the sign industry. -
In view of the long continued satisfactory bargaining relationship
which has existed between the members of the Association and the
Council on an Association-wide basis with respect to the employees
engaged in the manufacture and maintenance of signs, we shall ex-
clude such employees from the unit.2 , - . ' '
We find that all production and maintenance employees of the Com-
pany, excluding all employees engaged in the manufacture 'and main-
tenance of signs, office • and clerical, employees, executives, and all or
See Matter of Detroit Michigan Stove Company, 55 N. L R. B. 1514.
480 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
9
.any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a _unit appro-
priate for the purposes of collective ,bargaining within the 'meaning
of Section 9 (b) of the Act.
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 wlho' 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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with C. I. Brink, In-
corporated, South Boston, Massachusetts, 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 First Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III,,Sections 10 and' 11, 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'pre-
ceding the date of this Direction, including employees who did not
work during the said payroll period because they` were ill or on Va-
cation 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 ^vho have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election,'to determine whether they desire to be repre-
sented by United Steelworkers of America, affiliated with the Con-
gress of Industrial Organizations, or by the Building and Construc-
tion Trades Council of the Boston Metropolitan District, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.