Chase Brass and Copper Co., Inc.

National Labor Relations Board - Board Decisions

Nov 8, 1937

4 N.L.R.B. 47 (N.L.R.B. 1937)

In the Matter of CHASE BRASS AND COPPER COMPANY, INC. and WATER.
BURY BRASS WORKERS UNION
Case No. R-308.-Decided November 8, 1937
Metal Products Manufact ining Iudnstiy-Investigation of Representatives.
controversy concerning representation of employees: refusal by employer to
recognize and bargain with union until question of representation is determined
by Board-Unit Appropriate for Collective Bargaining: production, maintenance,
and shipping employees in one plant ; centralization of management of two of
employer 's plants not conclusive as to question of appropriate unit ; history of-
organization among employees ; history of collective bargaining relations with
employer-Election Ordered -Petition Dismissed: no representative chosen by
employees
Mr. Charles A. Graham, for the Board.
Mr. C. E. Hart, Jr., of Waterbury, Conn., for the Company.
Mr. J. J. Driscoll, of Waterbury, Conn., for the Union.
Mr. Lewis M. Gill, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 15, 1937, Waterbury Brass Workers Union, herein
called the Union, filed with the Regional Director for the Second
Region (New York City) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Chase Brass and Copper Company, Inc., North Main Street, Water-
bury, Connecticut, herein called the Company, and requesting 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 September 24, 1937, 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 Regulations-Series 1, as,amended,,ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On September 25, 1937, the Regional Director issued a notice of
hearing to be held at Waterbury, Connecticut, on September 30,
1937, copies of which were duly served upon the Company and the
47
48 NATIONAL LABOR RELATIONS BOARD
Union. Pursuant to the notice, a hearing was held at Waterbury,
Connecticut, on September 30, 1937, before Harold R. Korey, the
Trial Examiner duly designated by the Board. The Board and
the Company were represented by counsel, and the Union was repre-
sented by one of its officers. All participated in the hearing. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded to
all parties. A motion was made by the Board to amend the petition
so that the number and classification of employees on whose behalf
the petition was filed would include "500 production, maintenance,
and shipping employees in the North Main Street rolling mill of the
Chase Brass and Copper Company, Inc." The motion was granted,
and the ruling of the Trial Examiner thereon is hereby affirmed.
No other motions or objections to the admission of any evidence
were made at the hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a corporation, organized under the laws of Con-
necticut in 1909, having its principal offices located in Waterbury,
Connecticut. It has plants in Waterbury, Connecticut, and Cleve-
land, Ohio. The Chase Metal Works Division of the Company,
which is the division concerned in this case, consists of two plants
located in Waterbury, one at North Main Street and one at Thomas-
ton Avenue. The principal raw materials used in the Company's
business are copper and zinc, all of which materials are purchased
outside the State of Connecticut. The Company also uses certain
other ra%v materials, including lead, tin, coal, lumber, oil, and acids,
purchasing about 50 per cent of such other materials outside the
State of Connecticut. Brass and copper alloys in sheet, rod, wire,
and tubing are made in the Metal Works Division. About 65 per
cent of such products are sold outside the State of Connecticut and
shipped by rail, truck, and ship. The Company maintains ware-
houses in 15 States. It has 138 salesmen covering all States of the
United States. It has numerous trade-marks and foreign patents
and advertises in newspapers, magazines, trade publications, and
by direct mail.
IT. THE UNION
Waterbury Brass Workers Union, herein called the Union, is a
labor organization admitting to membership production, maintenance
and shipping employees of the Company. It is Local No. 251 of
DECISIONS AND ORDERS 49
the International Union of Mine, Mill, and Smelter Workers, an
industrial union for the brass and copper industry, affiliated with
the Committee for Industrial Organization.
III. THE QUESTION, CONCERNING REPRESENTATION
The Union has engaged in negotiations with the Company since
about February or March, 1937. A series of conferences have been
held, during which the Company has apparently recognized the
Union as the representative of its own members in the North Main
Street plant. No contract, however, has been signed. It was made
clear at the hearing that the Company is unwilling to recognize the
Union as the exclusive bargaining agency, unless the Board finds
that the' employees at the North Main Street plant constitute a
separate unit appropriate for collective bargaining purposes, and
the Union establishes that it has been chosen as the representative
of the majority of such employees. The Union claims such a major-
ity, but it desires an election and did not attempt at the hearing to
establish such a majority for purposes of certification without an
election.
We find that a question of representation has arisen concerning
employees of the Company in its North Main Street plant.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION ON
COMMERCE
We find that the question concerning representation, which has
arisen in connection with the operations of the Company described
in Section I 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 Union contended that the production, maintenance, and ship-
ping employees in the Company's North Main Street plant in Water-
bury, Connecticut, constitute an appropriate unit for the purposes of
collective bargaining. The Chase Metal Works Division of the Com-
pany has another plant, herein called the Thomaston Avenue plant,
located about two miles from the North Main Street plant, and the
Company contended that employees in both plants should be grouped
together as a single bargaining unit. The Chase Metal Works Divi-
sion of the Company, consisting of these two plants, produces sheets,
rods, wires, and tubing from brass and copper alloys. The Thomas-
ton Avenue plant casts bars from which sheets are rolled. Rolling
50 NATIONAL LABOR RELATIONS BOARD
is done both there and at the North Main Street plant, the work of
which is restricted to such rolling operations. The rods, wires, and
tubing are all made at the Thomaston Avenue plant. A total of
about 2,035 men are employed at the Thomaston Avenue plant, while
about 470 are employed at the North Main Street plant.
The employees in the sheet department at the Thomaston Avenue
plant and those in the North Main Street plant are engaged in almost
identical work, except for certain rolling operations on hot metal
which occupy only a few men and are done only at the North Main
Street plant. Of course, the work outside the sheet department at
the Thomaston Avenue plant, consisting of casting bars for rolling,
and making various types of rods, wires, and tubing, has no counter-
part at the North Main Street plant.
The Company's argument for considering both plants together as
one unit rests in great measure on the fact that the management of
the two plants is centralized, and the rates of pay the same for similar
types of work. Production orders for both plants are handled at
the Thomaston Avenue plant. Pay checks for both plants are made
out there. Financial figures for the two plants are merged. And
while separate assistants to the employment manager have authority
to hire and fire employees at the respective plants, the usual practice
is to consult with the employment manager, whose jurisdiction covers
both plants. There is one works manager who has general supervision
over the work at both plants, although there is a mill superintendent
at each plant who has direct supervision.
It should be noted that the Company has a third plant in Water-
bury, called the Noera plant, which works with steel rather than with
brass, and the works manager has jurisdiction over all three plants.
The Noera plant is not, however, part of the Chase Metal Works Di-
vision of the Company. The production records are kept separately
for this plant, since it does a different type of work than the two
plants heretofore mentioned. The Union, has been recognized by the
Company as the sole bargaining agency for the Noera plant.
The Company is said to have considered consolidating the sheet
rolling operations and transferring all of such work to the Thom-
aston Avenue plant. This proposal, however, has admittedly not
reached the status of a definitely scheduled move.
While it appears from the above facts that a bargaining unit
including both the North Main Street plant and the Thomaston
Avenue plant would be practicable as far as. the set-up. of the Com-
pany is concerned, the employees have organized on the basis of
separate plants. The Union claims a majority of the employees at
the North Main Street plant, and the Company-met with Union
representatives during the spring of 1937 to discuss problems, such as
hours of work, concerning the employees at that plant. There was
DECISIONS AND ORDERS 51
no evidence or claim that the Union had any membership in the
Thomaston Avenue plant , although employees at that plant are
eligible for membership.
Furthermore , it appears that there is a "Chase Metal Workers Asso-
ciation", herein called the Association, which has negotiated with
the Company in regard to problems of the Thomaston Avenue plant
employees . This Association was apparently formed early in 1937,
and admits to membership employees in both plants. There was
uncontroverted testimony , however, that the Association does not
have a single member in the North Main Street plant. While there
is no evidence of any contractual relationships between the Company
and either the Union or the Association , the fact that negotiations
have been conducted on the basis of separate plants points to the
feasibility of treating the North Main Street plant as a separate unit.
There is no evidence that the Company has ever negotiated with the
employees of the two plants as a unit.
The fact that the Company has centralized the management of
the two plants to a great extent is not conclusive as to the question
of the appropriate unit for collective bargaining. We believe that
in the light of all the circumstances of this case, primary considera-
tion should be given to the basis on which the employees have or-
ganized, which, in turn, is the basis on which past negotiations
between the Company and the employees have been conducted.
Following our usual practice , we shall exclude supervisory em-
ployees from the unit of production , maintenance , and shipping
employees , in the absence of any evidence pointilig to a different
conclusion.
In order to insure to the Company 's employees the full benefit
of their right to self-organization and collective bargaining, and
otherwise to effectuate the policies of the Act , we find that the pro-
duction, maintenance and shipping employees in its North Main
'Street plant in Waterbury , Connecticut , excepting supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining in respect to rates of pay, wages , hours of employment,
and other conditions of employment.
W. THE DETERMINATION OF REPRESENTATIVES
The question of representation which has arisen can only be re-
solved by means of an election by secret ballot. The Company sub-
mitted as an exhibit a pay roll of the employees in the North Main
Street plant as of the week ending September 4, 1937.1 However,
the record contains no indication as to whether any of the parties
desire this pay roll to be determinative of the employees eligible to
i Board 's Exhibit No. 2.
52 NATIONAL LABOR RELATIONS BOA1rn
vote in the election. In the absence of any such indication, we will
direct that the production, maintenance, and shipping employees in
the North Main Street plant on the pay roll of the Company for
the period immediately preceding the date of the Direction of Elec-
tion, except supervisory employees and those who quit or are dis-
charged for cause between such date and the date of the election,
shall be entitled to vote.
There was no suggestion at any time during the hearing that the
Chase Metal Workers Association should be given a place on the
ballot. There was uncontroverted testimony that the Association
did not have any membership in the North Main Street plant. In
view of the circumstances, we see no reason for placing the Associa-
tion on the ballot.
CONCLUSIONS OF LAW
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 rep-
resentation of employees of Chase Brass and Copper Company, Inc.,
North Main Street, Waterbury, Connecticut, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production, maintenance, and shipping employees of the
Company in its North Main Street plant in Waterbury, Connecticut,
except supervisory employees, together constitute a unit appropriate
for the purposes of collective bargaining, within the meaning 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8
of National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the Chase
Brass and Copper Company, Inc., North Main Street, Waterbury,
Connecticut, an election by secret ballot shall be conducted within
a period of fifteen (15) days from the date of this Direction of Elec-
tion, under the direction and supervision of the Regional Director
for the Second Region, acting in this matter as the agent of the
National Labor Relations Board, and subject to Article III, Section
9, of said Rules and Regulations, among those employees of the
DECISIONS AND ORDERS 53
Chase Brass and Copper Company, Inc., in its North Main Street
plant, engaged in production, maintenance, and shipping, on the pay
roll of the said Company for the last pay roll period immediately
preceding the date of this Direction, except supervisory employees
and those who quit or are discharged for cause between such date
and the date of the election, to determine whether or not they desire
to be represented by Waterbury Brass Workers Union for the pur-
poses of collective bargaining.
[ SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
January 10, 1938
On November 8, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled case. The Direction of Election directed that an
election by secret ballot be held among those employees of Chase
Brass and Copper Company, herein called the Company, in its North
Main Street plant in Waterbury, Connecticut, engaged in production,
maintenance, and shipping, except supervisory employees and those
quitting or discharged for cause before the election, to determine
whether they desired to be represented by Waterbury Brass Workers
Union, herein called the Union, for purposes of collective bargaining.
Pursuant to the Direction, an election by secret ballot was con-
ducted on December 1, 1937, at Waterbury, Connecticut, under the
direction and supervision of the Regional Director for the Second
Region (New York City). On December 3, 1937, the said Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report on the
ballot. No exceptions to the Intermediate Report have been filed
by any of the parties.
As to the results of the secret balloting, the Regional Director
reported as follows :
Total Number Eligible to Vote -------------------------------- 439
Total Number of Ballots Cast_______________________________ 422
Total Number of Votes in favor of the Waterbury Brass Work-
ers Union, Local No. 251, C I. O___________________________ 179
Total Number of Votes against the aforementioned union ----- 240
Total Number of Blank Votes________________________________ 0
Total Number of Void Ballots_______________________________ 3
Total Number of Challenged Votes___________________________ 0
54 NATIONAL LABOR RELATIONS BOARD
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees. The
petition for investigation and certification of representatives of
employees of the Company will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections (8) and (9), of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby ordered that the petition for investigation and
certification of representatives of employees of Chase Brass and
Copper Company, Inc., filed by Waterbury Brass Workers Union,
be, and it hereby is, dismissed.
MR. DONALD WAKEFIELD SMITH took no,part in the consideration
of the above Supplemental Decision and Order.