Indiana Brass Co.

National Labor Relations Board - Board Decisions

Nov 15, 1941

36 N.L.R.B. 967 (N.L.R.B. 1941)

In the Matter Of INDIANA BRASS COMPANY and STEEL WORKERS ' ORGAN-
IZING COMMITTEE , AFFILIATED WITH THE C. I. O.
Case No. R-3009-November 15, 1941
Jurisdiction : plumbing supply manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to grant union recognition until certification by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including watchmen, but excluding supervisory and clerical employees,
and shipping and receiving clerks.
Messrs. Robison & Robison, by Mr. William Robison, Sr., of Frank-
fort, Ind., for the Company.
Mr. Grover Ross, of Elwood, Ind., for the S. W. O. C.
Mr. Frank S. Pryor and Mr. Hollis G. Davison, of Frankfort, Ind.,
and Mr. Hugh. Gormley, of Indianapolis, Ind., for the Federal Labor
Union.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 2, 1941, Steel Workers' Organizing Committee, af-
filiated with the C. I. 0., herein called the S. W. O. C., filed a petition
with the Regional Director for the Eleventh Region (Indiana;polis
Indiana) alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Indiana Brass Company,
Frankfort, Indiana, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On September 22, 1941, 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 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
36 N. L. R. B., No. 201.
967
968 DECISIONS OF NATIONAL ' LABOR RELATIONS BOARD
On September 23, 1941, the Regional Director issued a notice of
hearing, a copy of which was duly served upon the S. W. O. C.1
Pursuant to said notice, a hearing was held on September 29, 1941,
at Frankfort, Indiana, before Arthur R. Donovan. the Trial Examiner
duly designated. by the Chief Trial Examiner. - The Company was rep:
resented by counsel,, the S. W. O. C. by its representative,- and both par-
ticipated in the hearing. The Federal Labor Union filed a special
appearance and' a motion for continuance of the hearing. The
S. W. O. C. objected to the granting of this motion, and the Trial
Examiner denied the same. The Federal Labor Union did not there=
after participate in the hearing held on September 29.
On October 15, 1941, the Board issued an order reopening the record,
and authorizing the Regional Director to issue notice of further hear-
ing. Copies of Said order were duly served upon the Company, the
S. W. O. C., and the Federal Labor Union. On October 23, 1941, the
Regional Director issued notice of further. hearing, copies of which
were duly served upon the Company, the S. W. O. C., and the Federal
Labor Union. Pursuant to said notice a further hearing was held on
October 31, 1941, at Frankfort, Indiana, before Arthur R. Donovan,
,*t.he Trial Examiner duly designated by the_ Chief Trial Examiner.
The Company, the S. W. O. C., and the Federal Labor Union were
represented by counsel or duly authorized, representatives, and
participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded the
parties either on September 29 or October 31. During the course of
the hearing on September 29 and October 31, the Trial Examiner made
rulings on motions and on objections to the admission of evidence. The
Board has reviewed these rulings of the Trial Examiner and finds that
no prej'udicialFerrors-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
Indiana Brass Company is an Indiana Corporation, having its prin-
cipal office and place of business in Frankfort, Indiana, where it is en-
gaged in the manufacture of brass castings and plumbing supplies..
' A copy of the notice of hearing was also mailed to the Company, but the Company
refused to 'accept service thereof. However, at the hearing the Company conceded that
it had received sufficient notice. A copy of the notice of hearing was also mailed to Brass
Workers' Federal' Labor Union No. 22915, affiliated with the American Federation of Labor,
'herein called the Federal Labor Union, a labor organization claiming to represent employees
directly affected by the investigation. However, it is disputed whether the notice was
actually served'upon the Federal Labor Union.
INDIANA BRASS COMPANY',. 969.
The Company purchases annually raw materials having an approxi-
mate value of $250,000. Approximately 95 per cent of such materials
are purchased outside the State of Indiana. The Company annually
`sells-products,having an approximate value of $500,000, of which about
95 per cent is sold to customers located outside of the State of Indiana:
H. THE ORGANIZATIONS INVOLVED
Steel Workers' Organizing Committee, and Brass Workers' Fed
eral Labor Union No. 22915, are labor organizations affiliated with,
the Congress'-of Industrial Organizations and the American Federa,
lion of Labor, respectively, admitting to membership employees of
the Company.
III:. THE QUESTION CONCERNING REPRESENTATION
The S. W. O. C. alleges in its petition that it requested the Com-
pany by letter dated August 26, 1941, to recognize it asp exclusive
representative of its employees , and that the Company has failed to
answer such letter . The Company does . not deny this allegation , -and'
at the hearing took the position that it desired an election before
recognition of any union . A statement of the ' Regional Director;
introduced in evidence , discloses that the S. W. O. C. and the Federal
Labor Union each represents a substantial number of employees 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 '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.
The 'S. W. O. C. submitted to the Regional Director 122 membership cards, of which
114 appeared to bear genuine and original signatures , and of which 74 bore names 'of
persons appearing on the Company ' s pay roll of September 26, 1941. Four - of the 122
cards were undated, and - the remainder were dated between August . 2 and September 1, 1941.
The Federal Labor Union submitted to the Regional Director 80 authorization cards,,
all bearing apparently genuine original signatures , and 76 of such signatures were the
names of persons appearing on the Company ' s pay roll of September 26. There are about
225 employees in the alleged appropriate unit.
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
. At the hearing the S. W. 0. C., the Federal Labor Union, and
the Company stipulated that all production and maintenance em-
ployees of the Company, including watchmen, but excluding super-
visory employees and main office clerical employees, constituted an
"appropriate unit. This stipulation does not appear to cover two
employees designated in the record as "receiving clerk" and "shipping
clerk." The Company and the S. W. 0. C. apparently desire that
these two employees be excluded from, and the Federal Labor Union
that they be included in, the appropriate unit. These two employees
apparently work in the plant rather than in the main office. The
evidence does not disclose their duties other than their titles. The
Company classifies them as within the clerical department. We shall
exclude the receiving clerk and the shipping clerk from the unit.;
We find that all production and maintenance employees of the
Company, including watchmen, but excluding supervisory employees,
main office clerical employees, and shipping and receiving clerks,
constitute. a unit appropriate for the purposes of collective bargain-
ing, and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining, 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 an election by secret ballot. The
parties stipulated, and we shall direct, that the employees of the
Company eligible to vote in the election shall be those in the appro-
priate unit employed during the pay-roll period immediately preced-
ing.,tlie•date of this Direction of Election, subject to the limitations
and additions set forth in the Direction.'
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 Indiana Brass Company, Frankfort, Indi-
$ See Matter of Armour and Company of Delaware and Federal Labor Union No. 81088
of the American Federation of Labor, 26 N. L. R. B ., No. 107.
4 During ,the course of the hearing there was some dispute among the parties as to
whether or not a group of foundry employees who were laid off on or about September 5,
should be eligible to vote. At the close of the hearing, however , the parties agreed that
these employees should not be eligible to vote unless they actually appeared on the pay
roll of the Company immediately preceding the date of the Direction.
INDIANA BRASS COMPANY 971
ana, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All production and maintenance employees of the Company at
its Frankfort, Indiana, plant, including watchmen, but excluding
supervisory employees, main office clerical employees, and shipping
and receiving clerks, 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, 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 Indiana Brass Company, Frankfort, 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 of Election,
under the direction and supervision 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 9, of said
Rules and-Regulations, among all production and maintenance em-
ployees of the Company at its Frankfort, Indiana, plant who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including watchmen, and employees
who did not work during said 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 supervisory
employees, main office clerical employees and shipping and receiving
clerks, and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Steel
Workers' Organizing Committee, affiliated with the Congress of
Industrial Organizations, or by Brass Workers' Federal Labor Union
No. 22915, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.