The American Brass Co.

National Labor Relations Board - Board Decisions

Aug 3, 1945

63 N.L.R.B. 114 (N.L.R.B. 1945)

In the Matter of THE AMERICAN BRASS COMPANY and INTERSTATE COP-
PER AND BRASS WORKERS UNION, LOCAL 15, AFFILIATED WITH THE
CONFEDERATED UNIONS OF AMERICA
Case No. 3-R-993.Decided August 3, 19.45
Kenefick, Cooke, Mitchell, Bass & Letchworth, by Messrs. Lyman
M. Bass and LeGrand F. Kirk, of Buffalo, N. Y.; and Messrs. F. J.
Kane and H. R. Attmore, of Kenmore, N. Y., for the Company.
Mr. Peter J. Crotty, of Buffalo, N. Y., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Interstate Copper and Brass Workers
Union, Local 15, affiliated with the Confederated Unions of America,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Amer-
ican Brass Company, Buffalo, New York, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Eugene von Wellsheim, Trial Ex-
aminer. Said hearing was held at Buffalo, New York, on May 14 and
May 22, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing the Company moved to dismiss the
petition. Ruling on this motion was reserved for the Board. For
the reasons stated in Section IV, infra, the motion is hereby denied.
The Trial Examiner's rulings made at the hearings are free from preju-
dicial 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. TIIE BUSINESS OF THE COMPANY
The American Brass. Company is a Connecticut corporation which
operates a plant, involved in this proceeding, at Buffalo, New York.
63 N. L. R. B., No. 14.
114
THE AMERICAN BRASS COMPANY 115
It is there engaged in the fabrication of copper and brass. During
the year 1944, the Company purchased raw materials for its Buffalo
plant valued in excess of $16,000,000, of which more than 50 percent
was shipped from points outside the State of New York. During the
same period, the Company completed products at its Buffalo plant
valued in excess of $25,000,000, of which more than 50 percent was
shipped to points outside the State.
The Company admits, for the purpose of this proceeding, that it
is engaged in commerce A\ ithin the meaning of the National Labor
Relations Act.
IT. THE ORGANIZATION INVOLVED
Interstate Copper and Brass Workers Union, Local 15, affiliated
with the Confederated Unions of America, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, 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
The Union now represents all mill clerical employees of the Com-
pany's Buffalo, New York, plant, as the result of a certification issued
by the Board on November 28, 1944.' It now seeks to merge with
these employees in a single unit all office employees of the Buffalo plant
with certain exclusions; in the alternative, it seeks a separate unit of
such office employees.3 The Company claims that office employees
I The Field Examiner reported that the Union submitted 53 application cards, that the
names of 46 persons appearing on the cards were listed on the Company's pay roll of March
25, 1945, which contained the navies of 132 employees in the alleged, appropriate unit,
and that 7 of the cards were dated December 1944, 25 March 1945, 17 April 1945, and 4
were undated.
x See Matter of American Brass Company, 55 N. L R B. 245 ( Decision and Direction
of Election )
J In broad terms , those whom the Union seeks are all employees in the main office and
the mill office, except for 12 mill clerks, now part of the mill clerical unit, who are located
in the mill office building Generally, mill clencal employees work in the null itself, main
office employees work in the main office building , and mill office employees in the mill
office building.
6 6 2 5 14-4 6-vol 63-9
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cannot be represented in any unit because of their alleged managerial
and confidential functions. In the event, however, the Board dis-
agrees with this position, it asks that the office employees sought by
the Union be established as a unit separate and apart from the mill
clerical employees.
There is no evidence to indicate that the employees whom the Union
seeks to represent are in any way identified with management or that
they have access to confidential information pertaining to the Com-
pany's labor relations. Consequently, we find no merit in the Com-
pany's contention that they should not be included in any bargaining
unit.' We do agree, however, that they should not be consolidated
with the mill clerks in a single unit, but should be bargained for as a
separate grouping. The mill clerks and the office employees have dif-
ferent vacation schedules and work different shifts. There is little in-
terchange between the two groups. Moreover, they are hired through
different agencies, and, with few exceptions, work and obtain their
meals in different buildings. In addition, the mill clerks are generally
paid on an hourly basis, while the office employees are paid a salary.
Under these circumstances. we are of the opinion that the office em-
ployees should not be added to the unit of mill clerical employees
which the Board previously established.5
We find, accordingly, that all office employees of the Company at
its Buffalo, New York, plant, including the rationing clerk in the
labor relations department, but excluding the first assistant to the
branch accountant; the stenographer to the branch accountant; the
office paymaster; the office cashier; the executive stenographers to
the vice president, the manager, the two assistant managers, the super-
intendents, and the mechanical supervisors; the first assistant to the
paymaster; the salesmen; the supervisors' first assistants in the tech-
nical, economy, superintendent's, mechanical, and production depart-
merits; all personnel in the labor relations department (except the
rationing clerk) ; all company officials, and all 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-
* See Matter of U. S Automatic Corporation , 58 N L. R B 662 ; Matter of Armour and
Company, 54 N. L. R. B . 1462; N. L. R. B. v. Poultrymen's Service Corporation, 138 F.
( 2d) 204 '(C. C A 3).
See Matter of American Brass Company, supra.
THE AMERICAN BRASS COMPANY 117
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The American
Brass Company, Buffalo, New York, 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 Third 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 the 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 determine whether or not they desire to be represented by Interstate
Copper and Brass Workers Union, Local 15, affiliated with the Con-
federated Unions of America, for the purposes of collective bargain-
ing.
MR. GERARD D . REILLY took no part in the consideration of the above
Decision and Direction of Election.