Revere Copper and Brass, Inc.

National Labor Relations Board - Board Decisions

Jul 10, 1968

172 N.L.R.B. 1126 (N.L.R.B. 1968)

1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Revere Copper and Brass , Incorporated and United
Steelworkers of America , AFL-CIO. Case
10-RC-7359
July 10, 1968
DECISION AND DIRECTION OF ELECTION
BY MEMBERS BROWN, JENKINS, AND ZAGORIA
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer H. Carlton
Bryan , Jr. The Hearing Officer 's rulings made at the
hearing are free from prejudicial error and are
hereby affirmed. Following the hearing, this case
was transferred to the National Labor Relations
Board in Washington, D.C., pursuant to Section
102.67 of the National Labor Relations Board
Rules and Regulations and Statements of
Procedure, Series 8, as amended . Thereafter, the
Employer and the Petitioner filed briefs which have
been duly considered.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act, and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organizations' involved claim to
represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning the representation of employees of the Em-
ployer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act.
4. We find, in substantial accord with the agree-
ment of the parties, that the following employees of
the Employer constitute a unit appropriate for the
purposes of collective bargaining within the mean-
ing of Section 9(b) of the Act: All production and
maintenance employees, including truck drivers, at
the Employer's sheet mill, Scottsboro, Alabama, ex-
cluding laboratory employees, professional em-
ployees, technical employees, office and clerical
employees, guards and supervisors as defined in the
Act.
5. The Employer moves to dismiss the petition
on the basis of an expanding unit . At the time of
the hearing, April 4, 1968, there were 167 em-
ployees. The record shows that the Employer had
already gone into a second-shift operation and that
a third shift is anticipated. The Employer expects to
reach a three-shift employment peak of 561 em-
ployees sometime in December 1968. Testimony
respecting installation and startup schedules in-
dicated that by the end of June the plant would be
substantially operational in almost all phases, with
some sections expanded into the second and even
third shifts. We infer from this that the number of
employees working has likewise increased, and is
moving from the hearing date total of 167 toward
the anticipated December figure of 561. It appears
that the new employees will not perform essentially
different functions from those of the present em-
ployees.' In these circumstances, we find that at the
time of the hearing there was employed a substan-
tial and representative segment of the ultimate
complement of employees and that the petition
herein was not prematurely filed.3 Accordingly, we
deny the motion to dismiss the petition."
[Direction of Election5 omitted from publica-
tion. ]
' The Aluminum Workers International Union , AFL-CIO, was permitted
to intervene at the hearing on the basis of a showing of Interest
s The Employer 's schedule of job classifications reflects job assignments
rather than functionally distinct job classifications In terms of functional
distinctions , the record does not demonstrate lack of a representative cross
section of job classifications at the time of the hearing
' Brown and Root Car,be, Inc, 119 NLRB 815, 816
' Subsequent to the hearing , the Petitioner filed motions to supplement
or reopen the record In view of our Decision herein , we find it unnecessary
to pass upon these motions
' An election eligibility list, containing the names and addresses of all the
eligible voters, must be filed by the Employer with the Regional Director
for Region 10 within 7 days after the date of this Decision and Direction of
Election The Regional Director shall make the list available to all parties
to the election No extension of time to file this list shall be granted by the
Regional Director except in extraordinary circumstances Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed Excelsior Underwear Inc , 156 NLRB
1236
172 NLRB No. 117