The American Brass Co.

National Labor Relations Board - Board Decisions

May 10, 1938

7 N.L.R.B. 85 (N.L.R.B. 1938)

In the Matter of THE AMERICAN BRASS COMPANY and THE-
WATERBURY BRASS WORKERS'' UNION
Case No. R-392
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTION
May 10, 1938
On April 21, 1938, the National Labor Relations Board, herein:
called the Board, issued a Decision and Direction of Election 1 in the-
above-entitled proceeding, the election to be held within twenty
(20) days from the date of the Direction, under the supervision of
the Regional Director for the Second Region (New York City).
On April 23, 1938, the Waterbury Brass Workers' Union, Local'
No. 251, herein called the W. B. W. U., filed with the R'egional'
Director for the Second Region a petition requesting that the elec-
tion ordered by the Board be postponed until the Board had investi-
gated the charges filed by the W. B. W. U. that Metal Workers
Association of Waterbury, herein-called the Association, was formed
and dominated by the The American Brass Company, Waterbury,
Connecticut, herein called the Company, within the meaning of-
Section 8 (2) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. '
On April 25, 1938, the Regional Director requested that the elec-
tion be postponed until an investigation of the charges was completed.
On April 26, 1938, the Association filed an answer to the petition
of the W. B. W. U., objecting to a stay of the order for an election
and alleging that previous to the hearing in this case its formation
and records were examined by representatives of the Board; that
the evidence in this case disclosed that the Association is an inde-
pendent union of the employees of the Company; that this proceed-
ing has been pending since September 1937; and that the employees
of the Company are entitled to vote without further delay 'for their
bargaining representatives.
16 N. L R B. 723. -•
85
86
NATIONAL LABOR RELATIONS BOARD
On April 29, 1938, the Company filed an answer to the petition
of the W. B. W. U., denying that the Association was formed or
dominated within the meaning of Section 8 (2) of the Act.
After an investigation of the charges filed by the W. B. W. U.,
we are of the opinion that the election should be held as ordered.
However, since a longer period within which to hold the election is
necessary, we hereby amend the Direction of Election by striking
therefrom the words "within twenty (20) days from the date of this
Direction" and substituting therefor the words "within thirty (30)
days from the date of this Direction."
In the Decision and Direction of Election we held that since it
was not clear whether the W. B. W. U. wished its name to appear
on the ballot in the election to be conducted on the basis of the unit
which we found to be appropriate, we would omit its name from the
ballot. We further provided that if the W. B. W. U. desired its
name on the ballot, it should give notice of such a desire to the
Board, and we would amend our Direction of Election accordingly.
The W. B. W.. U. has notified the Board, that it wishes -its name
placed on the ballot. We, therefore, further amend our Direction
of Election by striking therefrom the words "to determine whether
or not they desire to be represented by Metal Workers Association
of Waterbury, for the purposes of collective bargaining" and substi-
tuting therefor the words "to determine whether they desire to be
represented by Waterbury Brass Workers' Union, Local No. 251, or
by Metal Workers Association of Waterbury, for the purposes of
collective bargaining, or by neither."
SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
June 11, 1938
On April 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled case. On May 10, 1938, the Board issued a Sup-
plemental Decision and Amendment to the Direction of Election.
The Direction of Election, as amended, provided that an election by
secret ballot, be conducted within thirty (30) days from the date of
the Direction among the production and maintenance employees of
The American Brass Company, Waterbury, Connecticut, who were
employed by the Company during the pay-roll period' ending. Sep-
tember 18, 1937, including those who have since been laid- off, but
excluding the employees of the French branch, supervisory em-
ployees, clerical and office workers, watchmen, other salaried em-
ployees, and those who had since quit or been discharged for cause,
DECISIONS AND ORDERS 87
to determine whether they desired to be represented by Waterbury
Brass Workers' Union, Local No. 251, or by Metal Workers Associa-
tion of Waterbury, or by neither union.
Pursuant to the Direction, as amended, an election by secret ballot
was conducted on May 19, 1938, under the direction and supervision
of the Regional Director for the Second Region (New York City).
Full opportunity was accorded all the parties to this investigation to
participate in the conduct of the secret ballot and to make challenges.
Thereafter, the said Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Reg-
ulations-Series 1, as amended, issued and duly served upon the
parties an Intermediate Report on the election. No objections or
exceptions to the Intermediate Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote----------------------------- 2,677
Total number of ballots cast------------------------------- 2.237
Total number of ballots counted--------------------------- 2,208
Total number of ballots in favor of Waterbury Brass
Workers' Union , Local No 251 , affiliated with the C I. O-__ 1.185
Total number of ballots in favor of Metal Workers Association
of Waterbury------------------------------------------- 623
Total number of ballots in favor of neither union ----------- 400
Total number of blank votes------------------------------ 6
Total number of void ballots------------------------------ 23
Total number of challenged votes---------------- - ------------- 0
By virtue of and pursuant to the power vested in the National
Libor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 1, as amended,
IT Is HEREBY CERTIFIED that Waterbury Brass Workers' Union, Lo-
cal No. 251, has been designated and selected by a majority of the
production and maintenance employees of The American Brass Com-
pany, Waterbury, Connecticut, excluding the employees of the
French branch, supervisory employees, clerical and office workers,
watchmen, and other salaried employees, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
(a) of the National Labor Relations Act, Waterbury Brass Workers'
Union. Local No. 251, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages; hours of employment, and other conditions of
employment.
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