Powhatan Brass and Iron Works

National Labor Relations Board - Board Decisions

Sep 2, 1943

52 N.L.R.B. 360 (N.L.R.B. 1943)

In the Matter Of POWHATAN BRASS AND IRON WORKS and UNITED
CONSTRUCTION WORKERS, LOCAL 111
Case No. R-5810.-Decided September 2,1943
Mr. L. I. Rice, of Martinsburg, W. Va., for the Company.
Mr. Daniel Quigley, of Washington, D. C., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, Local
111, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Pow-
hatan Brass and Iron Works, Ranson, West Virginia, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Keith W. Blinn, Trial
Examiner. Said hearing was held at Martinsburg, West Virginia, on
August 10, 1943. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The rulings of the Trial Examiner made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Powhatan Brass and Iron Works, a West Virginia corporation, is
engaged in the manufacture, construction, sale, and distribution of
brass fittings at Ranson, West Virginia. During the first 6 months
of 1943 the Company purchased raw materials (consisting of brass,
tin, sand, coal, and coke) having a value in excess of $120,000, of
which approximately 90 percent was shipped to the plant from points
52 N. L. R. B., No. 51.
360
POWHATAN BRASS AND IRON WORKS 361
outside the State of West Virginia. During the same period the
Company manufactured finished products having a value in excess
of $240,000, of which approximately 90 percent was shipped to points
outside the State of West Virginia. The Company admits that it
is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, Local 111, is a labor organization
affiliated with District 50 of the United Mine Workers of America.
It admits to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENItATION
On July 7, 1943, a representative of the Union requested that the
Company recognize the Union as the exclusive collective bargaining
representative of its production employees. The Company replied
in' substance that recognition would be withheld until the Union was
certified by the Board.
A statement of a Field Examiner of the Board, introduced in evi-
dence at the hearing, indicates that the Union 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
We find, in substantial accordance with a stipulation of the parties,
that all employees of the Company, excluding the office and clerical
employees, shipping clerks, watchmen, and the manager, superin-
tendent, foremen, subforemen, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
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 our Direction of Election
herein, subject to the limitations and additions set forth therein.
i The Field Examiner stated that the Union submitted to him 22 authorization cards, all
bearing apparently genuine original signatures ; and that 19 of the signatures were names
of persons whose names appeared on the Company 's pay roll for the period ending July 20,
1943, which listed 36 employees in the unit claimed to be appropriate.
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Powhatan Brass
and Iron Works, Ranson, West Virginia, 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 super-
vision of the Regional Director for the Fifth 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 those employees who have since quit or' been discharged
for cause, to determine whether or not they desire to be represented
by United Construction Workers, Local 111, affiliated with the United
Mine Workers of America,2 for the purposes of collective bargaining.'
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
2 The Union expressed a preference at the hearing that its name appear on the ballot as
set forth in the Direction of Election.