Chas. Braman & Son, Inc.

National Labor Relations Board - Board Decisions

Mar 26, 1942

39 N.L.R.B. 1186 (N.L.R.B. 1942)

In the Matter of CHAS. BRAMAN & SON , INC., and-THE INTERNATIONAL
UNION, ALUMINUM WORKERS or AMERICA, AFFILIATED WITH CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-3586.-Decided March 26, 1942
Jurisdiction : metal processing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition because of existing contract with rival organiza-
tion; contract about to expire, no bar; election necessary.
Unit Appropriate ' for Collective Bargaining : all production and maintenance
employees, excluding the truck driver, the foremen and supervisors ; stipula-
tion as to.
Mr. Benjamin Robert Cohen, of Chicago, Ill., for the Company.
Francis Heisler and Stanley F. Evans, by Mr. Francis Heisler, of
'Chicago, Ill., for the Aluminum Workers.
Mr. Joseph M. Jacobs, of Chicago, Ill., for the Teamsters.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE '
On December 4, 1941, The International Union, Aluminum Workers
of America, affiliated with Congress of Industrial Organizations.
herein called the Aluminum Workers, filed with the Regional Direc-
tor for the Thirteenth Region (Chicago, Illinois) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Chas. Braman & Son, Inc., Chicago; Illi-
nois, herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
February 10, 1942, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
39 N. L. R. B., No. 219.
1186
CHAS. BRAMAN & 'SON, INC. 1187
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On February 20, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Aluminum Workers, and upon Machinery, Scrap Iron & Metal
Teamsters, Chauffeurs and Helpers Union, Local 714, affiliated with
the A. F. of L., herein called the Teamsters, a labor organization claim-
ing'to represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held on February 27, 1942, at Chicago,
Illinois, before David Karasick, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, the Aluminum Work-
ers, and the Teamsters were represented and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing, the Trial Examiner
made rulings on motions and on objections to the' admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case,' the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chas. Braman & Son, Inc., an Illinois corporation, has its principal
place of business at Chicago, Illinois, where it is engaged in the busi-
ness of buying, processing, and selling aluminum foils, pig alloy of
lead and tin, and granular aluminum. During the 6 months' period
preceding February 27, 1942, the Company purchased raw materials
valued in excess of $75,000. Approximately 75' percent of these raw
materials were shipped to the plant in Chicago from places outside of
the State of Illinois. During the same period, the Company's sales
were in excess of $125,000. Approximately 75 percent of the products
sold were shipped by the Company from Chicago to places outside of
the State of Illinois.
II. THE ORGANIZATIONS INVOLVED
The International Union, Aluminum Workers of America, affiliated
with Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
'On March 4 , 1942 , the parties and the Trial Examiner entered into a stipulation cor-
recting typographical errors in the record , The suggested corrections have been incorpo
rated in the recoid,
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Machinery,.Scrap Iron & Metal Teamsters, Chauffeurs and Helpers
Union, Local 714, affiliated with the A. F., of L., is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 16, 1941, the Aluminum Workers informed
the Company that it represented a majority of the Company's produc-
tion and maintenance employees, and requested that the Company
bargain with it. The Company, allegedly because of the existence of
a contract between it and the Teamsters, refused to negotiate with the
Aluminum Workers.
The contract in question, dated March 1, 1941, is the latest of a.
series of annual contracts commencing in 1937. By its terms it will
expire on April 30, 1942. In view of its imminent expiration, this
contract does not preclude an investigation and determination of bar-
gaining representatives.2 -
The Aluminum Workers and the Teamsters have submitted to the
Regional Director evidence showing that each represents a substantial
number of employees in the unit hereinafter found appropriate.3
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 de-
scribed in Section I above, has a close, ultimate, and substantial rela-
tion 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 of the Company, excluding the truck driver, and
'See Matter of Sandvsly Metal Products, Inc and A me, mean Federation of Labor, 6
N L R B 12, 14 Matte of H Margolin d Co . Inc and Int'l Ladies Handbag, Pocketbook
6 Novelty Workers' Union, 9 N L R B 852, 855, Matter of Gasod Radio Cotporatton and
Local 1,30 of the United Elect, teal Radio d Machine Workers of America, C I. O , 29
N L R B 184
The Regional Director's statement shows that the Aluminum workers submitted 19
application-for-membership cards (14 of these contained hand-printed signatures) , 18 of
the 19 cards bore names appearing on the January 9, 1942, pay roll, which lists 22 employees
eligible to the proposed unit , 14 of the 19 cards bore names appearing on the February 21,
1942, pay roll, which lists 26 employees eligible to the proposed unit
The Teamsters submitted 13 application-for-membership cards, all of which bore appar-
ently genuine original signatures Of these 13 cards, 12 bore the names of pet sons listed
on the January 9, 1942, pay roll and 8 bore the names of persons listed on the February 21,
1942 , pay roll On the basis of this last pay roll , the names of 6 employees listed appeared
on cards for both labor organizations
CHAS. BRAMAN & SON, fl C. 1189
the foremen and supervisors, constitute a unit appropriate for the
purposes of collective bargaining. We further find that said unit will
insure to employees of the Company the full benefit of. their right to
self-organization and to collective bargaining and otherwise, will
effectuate the policies of the Act.
VI. THE DETERMINATION OF 'REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an' election by secret ballot,
and we shall so direct. Those eligible to vote shall be the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election, subject
to the limitations and additions set forth therein.
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 concernmg the repre-
sentation of employees of Chas. Braman & Son, Inc., Chicago, Illinois,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All production and maintenance employees of Chas. Braman &
Son, Inc., Chicago, Illinois, excluding the truck driver, and "the fore-
men and supervisors, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
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, 49 Stat. 449, 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Chas. Braman & Son, Inc., Chicago, Illinois, 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 of Election,
under the direction and supervision of the Regional Director for the
Thirteenth 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 maintenance
employees of the Company who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
including those 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 temporarily laid off,
but excluding the truck driver, the foremen and supervisors, and
those employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by The Inter-
national Union, Aluminum Yorkers of America, affiliated with Con-
gress of Industrial Organizations, or by Machinery, Scrap Iron &
Metal Teamsters, Chauffeurs and Helpers Union, Local 714, affili-
ated with the A. F. of L., for the purposes of•collective bargaining, or
by neither.