Johnson Bronze Co.

National Labor Relations Board - Board Decisions

Dec 14, 1944

59 N.L.R.B. 957 (N.L.R.B. 1944)

In the Matter of JOHNSON BRONZE COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C. I. O.
Case No. 6-R-1022-Decided December 14, 1944
Messrs. Joseph F. Castiello and E. M. Flaherty, of Washington,
D. C., for the Company.
Mr. Maurice Sugar, by Mr. N. L. Smokier, of Detroit, Mich., and
Mr. Ruebin Peters, of Cleveland, Ohio, for the UAW-CIO.
Mr. A. G. Skundor, of Pittsburgh, Pa., for the IAM.
Mr. Edwin K. Logan, of New Castle, Pa., for the Independent.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United .Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
C. 1. 0., herein called the UAW-CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Johnson Bronze Company, New Castle, Pennsylvania, herein called
the,Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Walter B. Wilbur, Trial
Examiner . Said hearing was held at New Castle, Pennsylvania, on
November 13, 1944. The Company, the UAW-CIO, and Interna-
tional Association of Machinists, District Lodge No. 14, A. F. L., herein
called the IAM, appeared and participated.' All parties were af-
forded full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues. At the
hearing, the Trial Examiner reserved for the Board a,ruling on the
Company's motion to dismiss the petition. The motion was predicated
on the fact that there had been no judicial review of the Board's
1 Pattern Makers League of North America and International Molders & Foundry
Workers Union of North America were served, but did not appear at the hearing.
59 N. L. R. B., No. 184.
957
'958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Decision and Order in the Matter of Johnson Bronze Company, Case
No. C-2595,2 in which the Board directed the Company to withdraw
all recognition from and to disestablish Bronze Workers Independent
Union, herein called the Independent, as a collective bargaining rep-
resentative of any of its employees and to cease giving effect to any
collective bargaining agreement it had with that organization, and
that consequently there had been no final determination of the Inde-
pendent's status as an alleged dominated organization. We see no
reason for withholding administrative action or for acting in this
proceeding on the assumption that the Decision and Order may not
*be sustained if a judicial determination is sought.3 The notion is
hereby denied. The Trial Examiner denied a motion by the Inde-
pendent for leave to intervene on the asserted grounds that it represents
a substantial number of the Company's employees, and that since July
21, 1944, it has had an exclusive collective bargaining contract with the
Company which is still in effect. For the reasons cited by us in
Matter of News Idea, Inc., supra, the ruling of the Trial Examiner is
hereby affirmed. All other rulings made by the Trial Examiner at
the hearing are free from prejudicial 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 .
I. THE BUSINESS OF THE COMPANY
Johnson Bronze Company is a Pennsylvania corporation having its
office and principal place of business in New Castle, Pennsylvania,
where it is engaged in the manufacture and sale of bronze bushings
and bearings. For the 18-month period ending June 1944, the Com-
pany purchased material consisting principally of bronze and copper
ingots, tin, antimony, and lead, valued at approximately $500,000, of
which approximately 60 percent was shipped from points outside the.
Commonwealth of Pennsylvania. During the same period, the value
of the net sales of the Company's products was approximately
$10,000,000, of which 85 percent was shipped to points outside the
Commonwealth of Pennsylvania.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the Act.
257 N L R B'814
3 See Matter of New Idea , Inc., 25 N. L R . B. 265; Matter of Clinch field Coal Corporation,
57 N L R B 1615
JOHNSON BRONZE COMPANY
II. THE ORGANIZATIONS INVOLVED
959
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company. ,
International Association of Machinists, District Lodge No. 14,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the UAW-CIO as
the exclusive bargaining representative of its employees on the ground
that it has a collective bargaining agreement with the Independent
which does not terminate until July 21, 1945, and asserts that such
agreement is a bar to a present determination of representatives.
This contract is the same as that referred to above in connection with
the Independent's motion to intervene in this proceeding. In view
of our Order in Case No. C-2595, above-mentioned, in which we
directed the Company to cease giving effect to any collective bargain-
ing agreement it had with the Independent, any contract between the
Company and that organization can constitute no bar to a present
determination of representatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the UAW-CIO represents a substantial number 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..
IV. THE APPROPRIATE UNIT
The parties are in general agreement that all production and main-
tenance employees, including pattern makers, receiving and shipping
employeesi and toolroom employees (including tool crib employees),
but excluding office employees, clerical employees, watchmen, and
plant-protection employees, foremen and supervisory employees, con-
stitute an appropriate unit. There is a dispute with respect to machine
setters; the Company contends that they are supervisory and should
be excluded; the IAM contends that they are non-supervisory and
4 The Field Examiner reported that the UAW -CIO submitted 1329 authorization cards,
I dated in 1940, 4 in 1941 , 396 in 1942 , 221 in 1943, 285 in 1944 , and 422 undated There
are approximately 1331 employees in the unit . The IAM submitted 71 authorization cards.
The UAW-CIO made a motion that the IAM, in view of its small showing of representa-
tion , not. be allowed a place on the ballot . Since the IAM has made some showing of
representation among the employees of the Company and inasmuch as an election is to be
conducted , we shall accord it a place on the ballot.
618683-45-vol. 59-62
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
should be included; the UAW-CIO takes no position with reference
to the supervisory status of the employees.
There are 71 machine setters employed by the Company. The Com-
pany states that the use of the term "machine setters" is incorrect and
that these persons are "subforemen." The setters have an average
of 8 to 10 employees under-their direction. They adjust and set tip
machines, instruct new operators, assigntwork, keep the production of
their respective groups flowing, and maintain discipline. Their rates
.of pay are approximately 8 to 10 cents per hour higher than that of
a first class operator. They report infractions of rules to the foremen,
who in turn submit them to the personnel office; Although they have
no authority to hire or discharge employees, the record indicates that
their reports with respect to complaints regarding employees in their
respective groups are seriously considered by the personnel office. We
find that the machine setters are supervisory employees, and we shall
exclude them from the unit.
We find that all production and maintenance employees of the Com-
pany including pattern makers, receiving and shipping employees,
and toolroom employees (including tool crib employees), but exclud-
ing office employees, clerical employees, watchmen and plant-protec-
tion employees, foremen, machine setters, and all other supervisoiy'em-
ployees with authority to hire, promote, discharge, discipline, or other-
%vise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of col-
lective 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 who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the,limitations and additions-set forth in the Di-
rection.. -
Although the Company has not complied with our Decision and
Order in Case No. G-2595, the UAW-CIO and the IAM have not ex-
pressed a desire that the election be postponed until such compliance
has been secured.'
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
s The UAW-CIO and the IAM waived the right to object to any election ordered herein
on the basis of the charges filed in Case No. C-2595.
JOHNSON BRONZE COMPANY 961
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with,Johnson Bronze
Company, New Castle, Pennsylvania, 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 Director for the Sixth Region, acting in this matter
as agent for the National Labor Relations Board, and subject 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 preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation 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
any who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, C. I. 0., or by International Association of Machinists,
District Lodge No. 14, A. F. L., for the purposes of collective bargain-
ing, or by neither.