Mueller Brass Co.

National Labor Relations Board - Board Decisions

Feb 24, 1942

39 N.L.R.B. 167 (N.L.R.B. 1942)

In the Matter Of MUELLER BRASS COMPANY and UNITED AUTOMOBILE,
AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS (U. A. W.-
C. I. O.) ,
Case No. R-3478.-Decided February 24,194R
Jurisdiction : brass and copper parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition because of existing contract with another
union ; contract about to expire no bar ; employees laid off less than six
months and not permanently employed elsewhere are eligible to vote ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees including checkers, timekeepers and janitors, but excluding fore-
men, gang leaders, supervisory employees above the rank of gang leaders,
clerical office employees, powerhouse, employees, and plant-protection em-
ployees; employees who are engaged mainly in making and repairing machine
tools excluded over Company's objection.
,/ Walsh, Walsh, O'Sullivan & Sehlee, by Mr. William R. Walsh, of
Port Huron, Mich., for the Company:
Mr. Maurice Sugar and Mr. Jack N. Tucker, of Detroit, Mich.,
for the U. A. W.
Mr. Joseph A. Padway, by Mr. Henry Kaiser, of Washington,
D. C., for the Federal Union.
Mr. Carl S. Carlson, of Detroit, Mich., for the I. A. M.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 24, 1941, United Automobile, Aircraft and Agricul-
tural Implement Workers,, (U. A. W.-C. I. 0.), herein called the
U. A. W., filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition alleging that, a question affecting
commerce had arisen concerning the representation of employees of
Mueller Brass Company, Port Huron, Michigan, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
39 N. L. R. B., No. 30.
167
168 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
Act, 49 Stat. 449, herein called the Act. On January 14, 1942, the
National Labor Relations Board, herein called the Board, acting pur-
suant 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.
On January 17, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
U. A. W., and upon Brass, Bronze & Copper Workers Federal Union
No. 18796, affiliated with the American Federation of Labor, herein
called the Federal Union, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on January 26, 1942, at Port Huron, Michigan,
before Jerome H. Brooks, the Trial Examiner duly designated by
the Chief Trial Examiner. At the hearing International Association
of Machinists, Local 218, affiliated with the American Federation
of Labor, herein called the I. All M., a. labor organization claiming
to represent employees of the Company, appeared,' stated that it had
received notice of hearing, and requested to be heard. The Trial
Examiner ruled that the I., A. M. thereby became a party to the
proceeding. His ruling is hereby affirmed. The Company, the U.
A. W., the Federal Union, and the I. A. M. were represented and
participated in the hearing. Full opportunity to be heard, to examine -1
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 evidence. The Board has reviewed the. rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affrmed. On February 2, 1942, the
Company filed a "Motion to Reopen Proofs." On February 9, 1942,
the Board denied this motion. On February 10 and 16, 1942, the
I. A. M. and the Company, respectively, filed briefs which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mueller Brass Company, is a Michigan corporation having its
main plant and principal office at Port Huron, Michigan, where it is
engaged in the manufacture of brass and copper-pipe castings, fittings,
MUELLER BRASS COMPANY .169
valves and fittings for electrical refrigerators, and screw-machine
products. At the present time the plant is devoted almost wholly
to ' defense production. From June 1, 1941, to November 30, 1941,
the Company used raw materials of a value estimated at $4,700,000,
approximately $4,252,000 of which materials were shipped to' its
plant from sources outside the State of Michigan. During the same
period the Port Huron plant sold products amounting in value to
approximately $10,208,000., Approximately $9,200,000 of such prod-
ucts were shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
-International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, (U. A. W.-C. I. 0.), is a labor
organization admitting to membership employees of the Company.
Brass, Bronze & Copper Workers Federal Union No. 18796, A. F.
of L., is a labor organization admitting to membership employees
of the Company.
International Association of Machinists, Local 218, A. F. of, L.,
is a labor organization admitting to membership employees of the
/Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 14, 1941, the U. A. W. made a demand on the Com-
pany that it be recognized as the exclusive representative of a certain
group of employees. The Company refused this recognition on the
ground that the Company had an existing contract with the Federal
Union covering that group of employees.
The contract was executed on February 20, 1939. It provides that
it shall remain in effect for the term of 3 years, unless terminated
under certain circumstances not here material, and shall continue
in force thereafter unless terminated by either party at the end of the
third or any succeeding yearly period by notice at least 30 days prior
to the end of such period. The Federal Union now claims that,
because of this existing contract, the petition of the U. A. W. was
filed prematurely, and hence that the Board should dismiss the peti-
tion. However, the original term of the contract expires on February
20, 1942, and more than 30 days prior to that date the U. A. W.
notified the Company of its claim to represent the employees. We
conclude that the contract neither renders the filing of the petition
premature, nor is it a bar to the present proceeding.
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The U. A. W. has submitted to the Regional Director evidence
showing that it represents a substantial number of employees in the
unit hereinafter found appropriate.'
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.
V. THE APPROPRIATE UNIT
The U . A. W., the Federal Union , and the I. A. M. stipulated
that the following employees should constitute the appropriate unit:
all production and maintenance employees , excluding foremen, super-
visory employees, clerical office employees ,2 Unit A (represented by
the I . A. M.),3 powerhouse employees, and plant-protection employees.
This is the unit now covered by the contract between the Federal,
Union and the Company . The Company contends that a single plant- -^.
wide unit, including machinists ( Unit A), is appropriate.
- The record discloses that the Port Huron plant consists of approxi-
mately 20 buildings , all within the same enclosure , and all under a
single unified management . At the present time, approximately
1 ,900 employees are classed as production workers, and 200 as em-
ployees within Unit A which is represented by the I. A. M. The
bulk of employees eligible to Unit A are located in separate buildings
apart from the actual production workers, although a substantial
number of them are scattered throughout the production depart-
ments. Their chief functions are concerned with the making- and
repairing of tools and machines for use solely in the plant. With
1 The Regional Director 's statement shows that the U. A. W. submitted 911 authorization
cards, of which 842 bore names appearing on the December 26, 1941, pay roll, which con-
tained 1,991 names. Of these 842 cards , 121 n; ere unsigned , and 10 bore handprinted
names ; signatures on the remaining 711 appear to be genuine . Of the 842 cards, 7 were
dated March to September 1941; 65 were dated in October 1941 ; 300 in November 1941 ; '
128 in December 1941 ; and 342 were undated . The Federal Union presented no member-
ships cards , but relied on its contract to establish its substantial interest in the proceedings
2 The unions further stipulated that clerical office employees refers only to official clerical
office employees , not to those in the plant and not to timekeepers and checkers.
3 Unit A includes tool , and die makers , die sinkers , tool grinders , pattern makers, ma-
chinists , millwrights , heat treaters , rod and tool mill die crib employees , blacksmiths, tool
designers , and helpers and apprentices to the above categories.
MUELLER BRASS COMPANY 171
few exceptions, they have their own foremen. The average rate of
pay of employees- in the machinists' group is above that of employees
in the production unit.
The Federal Union and the I. A. M. first organized employees of
the Company in the fall of 1933. For the following 3 years negotia-
tions were informal, and, upon the Company's insistence, the plant,
was treated as one unit. The first written contract was signed by
the Company with a joint committee of the two unions in Septem-
ber 1937, still treating employees of the plant as one unit. This
contract was renewed in 1938. A new contract was signed Febru-
ary 17, 1939, with the I. A. M:, covering employees in Unit A; and
one with the Federal Union on February.20, 1939; covering the re-
mainder of the plant employees. Although two units were set up,
the Company did not waive its contention that there should be a
single plant-wide bargaining unit. Each of these 1939 contracts
was supplemented in 1940 and 1941.
In view of the above-stated facts, we are of the opinion that
employees in Unit A should be excluded from the bargaining unit
composed of production and maintenance workers.
Within the production and maintenance unit, the parties disagree
with respect to the inclusion or exclusion of gang leaders, checkers
nand timekeepers, and janitors.
c Group or gang leaders: The U. A. W. and the Federal Union
would include these employees in the unit as being non-supervisory;
they would classify as supervisors only shift foremen ' and their
superiors. The Company would exclude group or gang leaders as
being a part of management, and because all the contracts have
excluded them as such.
The evidence discloses that gang leaders are comparable to straw-
bosses, having 6 to 12 men under their direction. They recommend
for promotion and discharge, and according to the testimony of
the plant superintendent, such recommendations are customarily fol-
lowed by the management; they allot the work and inspect it when
finished; and they enforce discipline. In view of these indicia of
supervisory control, and because prior bargaining contracts have
specifically excluded gang leaders, we find gang leaders should be
excluded from the appropriate unit. S
Checkers and Omzekeepers: The U. A. W. and the Federal Union
would include this group in the unit. The Company would exclude
them because they work for management, are confidential, and do
no production work. `
Checkers are scattered throughout the plant to keep records of
each employee's output. They report their figures to the timekeep-
ers. The latter then compile lists which serve as a basis for com-
puting each employee's earnings. Neither the checkers nor the time-
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
keepers perform any manual work. The present contract, in setting
up the bargaining unit, does not specifically refer to this group.
Although the work performed by this group of employees is largely
clerical, checkers and timekeepers are closely related to production
and maintenance workers. It is clear that their work is not of a
character to render them ineligible to participation in a bargaining
unit with other production and maintenance employees. Under
normal collective bargaining arrangements, such information as the
timekeepers and the checkers have in their possession is available to
the bargaining representatives. We find, therefore, that checkers
and timekeepers should be within the appropriate unit.
Janitors: The U. A. W. and the Federal Union would include
this group. The Company objects to their inclusion in view of the
fact that the Board has excluded janitors in certain other cases. The
record discloses that the janitors perform their usual duties in the
various production departments of the plant. Although none of
the prior contracts has specifically referred to janitors in setting
up the bargaining unit, the supplemental agreement of March 31,
1941, executed pursuant to the 1939 contract, fixed the wage scale for
janitors of each production department. We are of the opinion
that the janitors should be included within the appropriate unit.
We find that all production and maintenance employees including
checkers, timekeepers and janitors, but excluding foremen,, gang'
leaders, supervisory employees above the rank of-gang leaders, cleri-
cal office employees, Unit A (represented by the I. A. M.), power-
house employees, and plant-protection employees, constitute a unit
appropriate for the purposes of collective bargaining, and 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
At the hearing the Company urged, because of the necessity for
uninterrupted, full-time war production, that the Board withhold
its direction of election in this proceeding and permit the Federal
Union to continue as the exclusive bargaining representative of the
employees. In view of -the existence of a representation dispute, as,
we have found in Section III, supra, we are of the opinion that,
contrary to the Company's contention, an election by secret ballot
at the present time will best resolve the existing question concerning
representation and thus stabilize collective bargaining relations. We
therefore find the Company's contention to be without merit.
There is some disagreement among the parties regarding em-
ployees who have been laid off for less than 6 months, and who thus
retain their seniority rating under the Company' s employment
MUELLER BRASS COMPANY 173
policy. The U. A. W. insists that all such employees 'should vote,
even though employed elsewhere, provided they have not quit or been
discharged from the Company. The Federal Union believes that
men working elsewhere should not be permitted to vote. We are of
the opinion that those • employees laid off less than 6 months who
have not accepted permanent employment elsewhere are entitled to
vote. We. find that 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, or who
have been laid off less than 6 months preceding said pay-roll period
and have not accepted permanent employment elsewhere, subject
to the limitations and additions set forth in our 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 Mueller Brass Company, Port Huron, Mich-
igan, within the meaning of Section 9 (c) and' Section 2 (6) and (7)
of the Act.
2. All production and maintenance employees of Mueller Brass
Company, including checkers, timekeepers and janitors, but excluding
foremen, gang leaders, supervisory employees above the rank of gang
leaders, clerical office employees, Unit A (represented by the I. A. M.),
powerhouse employees, and plant-protection employees, 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 Re-
lations 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Mueller Brass Company, Port Huron, Michigan, 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
Seventh 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 imme-
174 DECISIONS OF NATIONAL,LABOR RELATIONS BOARD
diately preceding the date of this Direction of Election or who have
been laid off less than 6 months preceding said pay-roll period and
have not accepted permanent employment elsewhere, including check-
ers, timekeepers, janitors, and 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 foremen, gang leaders, supervisory employees
above the rank of gang leaders, clerical office employees, Unit A
(represented by the I. A. M.), powerhouse employees, plant-protec-
tion employees, and those employees who have since quit or been dis-,
charged for cause, to determine whether they desire to be represented
by United Automobile, Aircraft and Agricultural Implement Work-
ers, (U. A. W.-C. I. 0.), or by Brass, Bronze & Copper Workers
Federal Union No. 18796, affiliated with the American Federation of
Labor, for the purpose of collective bargaining, or by neither.
CHAIRMAN Miuas took no part in the consideration of the above
Decision and Direction of Election.
In the Matter Of MUELLER BRASS COMPANY and UNITED AUTOMOBILE,
AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS, (U. A. W.-
C.I.O.)
Case No. R-8478
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
March 19, 1942
On February 24, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding. On March 6, 1942, the Brass, Bronze
& Copper Workers Federal Union No. 18796, affiliated with the A.
F. of L., the intervening labor organization in this proceeding, filed
a motion requesting the Board to reconsider and modify its decision
with respect to the unit therein found to be appropriate, by including
in the unit employees of the powerhouse. On March 13, 1942, the
Regional Director for the Seventh Region (Detroit, Michigan) noti-
fied the Board that United Automobile, Aircraft, and Agricultural
Implement Workers, (U. A. W.-C. I. 0.), the petitioner herein, had
indicated that it had no objection to the granting of the motion.
It appears that powerhouse employees had been covered in an exist-
ing collective agreement, but that at the hearing the.labor organiza-
tions involved had inadvertently stipulated for their exclusion. The
Board is of the, opinion that the aforesaid motion should be granted.
The Decision and Direction of Election will be amended accordingly.
The Decision and Direction of Election in this proceeding, issued
February 24, 1942, is hereby amended by striking "powerhouse em-
ployees" from the-list of groups excluded from the appropriate unit
and from eligibility to vote, and by inserting "powerhouse employees"
in the list, of groups included within the appropriate unit and
eligible to vote.
MR. WM. M. LEISERSON took no part in the consideration of the
above Amendment to Decision and Direction of Election.
139 N. L R. B. 167.
39 N L R. B., No. 30a.
175
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