United Brass Works, Inc.

National Labor Relations Board - Board Decisions

May 16, 1941

31 N.L.R.B. 933 (N.L.R.B. 1941)

Tn the Matter of UNITED BRASS WORKS, INC. and LOCAL 1224, UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS I
Case No. R-2479-Decided May 16, 1941
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question : stip-
ulated ; election unnecessary : majority designation by membership cards ;
Company agreed to the number of employees in the unit and that signatures
on membership cards were genuine and were the signatures of employees-
in' the appropriate unit.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including working foremen, but excluding supervisory, shipping,
and clerical employees ; stipulation as to.
Mr. Irving Berklehammer, of Brooklyn, N. Y., for the Company.
Mr. Frank Scheinter by Mrs. Ruth Roemer, of New York City, and
Mr. Abraham A. Burdick, of Brooklyn, N. Y., for the Union.
Mr. Herbert Shenkin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 8, 1941, Local 1224, United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the Union, filed with the Regional Direc-
tor for the Second Region (New York City) a petition, and on
January 21, 1941, an amended petition, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of United Brass Works, Inc., New York City, herein called
the Company, and requesting an investigation` and certification of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. - On April 1, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant 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
31 N. L. Ii. B., No. 157.
933
934 DECISIONS 4 NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On April 10, 1941, the Regional Director issued a notice of hearing,,
copies of which were duly served on the Company, the Union, and
Metal Production & Novelty Workers Union, Local 28A, affiliated
.with the American Federation of Labor, herein called Local 28A, a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to the,notice, a hearing was held on
April 28, 1941, at New York City before Christopher W. Hoey, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company appeared by its representative, and the Union by counsel ;
both participated in the hearing. Full opportunity to be heard,
to examine 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 several rulings on motions
and on objections to the admission of evidence. The. Board has
reviewed all the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in,the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS Or THE COMPANY
United Brass Works, Inc., is a New York corporation with its
principal office and place of business in New York City where it is
engaged in the manufacture of brass and metal products. During
the year 1940 the Company used about $50,000' worth of raw ma-
terials, of which approximately 30 per cent was shipped to the Com-
pany's plant from points outside the State of New York. During
the same year the Company's sales amounted to about $100,000, of
which approximately 45 per cent represented shipments outside the
State of New York. The Company employs 14 persons.
II. THE ORGANIZATION INVOLVED
Local 1224, United Electrical, Radio & Machine Workers of Amer-
ica, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership production and main-
tenance employees of the Company.
As will be seen below, Local 28A has disclaimed any interest in the proceeding and o id
not appeal at the heaiing
UNITED BRASS WORKS, INC.
III. THE QUESTION CONCERNING REPRESENTATION
935
On December 19, 1940, Local 281 requested the Company to bar-
gain with it as the representative of the Company's production em-
ployees. A similar demand was made upon the Company by the
Union on December 30, 1940. By letters dated January 2, 1941,
the Company, notified each union that it would have to prove its
majority before the Company would bargain with it. The parties
stipulated at the hearing that a question concerning representation
had arisen.
A statement of the acting Regional Director introduced into evi-
dence indicates that a substantial number of the Company's em-
ployees, within the unit alleged and hereinafter found to be
appropriate, have designated the Union as their bargaining repre-
sentative.2 -
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
In accordance with a stipulation of the parties at the hearing,
we find that all production and maintenance employees of the Com-
pany, including working foremen, but excluding supervisory, ship-
ping, and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining, and that such unit Will insure to
employees of 'the Company the full benefit of their right to self-
2 The Acting Regional Director reported that he had examined nine signed applications
for membership in the Union , that the signatures thereon appeared to be genuine , that eight
of the applications were dated December 30, 1940, and one was dated December 31, 1940,
and that each of the names on the applications was the name of a person on the Company's
pay roll of January 8, 1941. The Acting Regional Director further stated that three of the
persons whom the Union claimed as members left the Company ' s employ between January
24 and January 27 , 1941. The Acting Regional Director also reported that he had exam-
ined certain evidence submitted by Local 28A in support of its claim to represent the Com-
pany ' s employees In view of the fact that Local 28A , by letter of April 26 , 1941, addressed
to the Trial Examiner and introduced into evidence at the hearing, disclaimed any further
interest'in representing the Company 's employees , its membership claims will not be de-
tailed At the time of the Acting ' Regional Director ' s inquiry and at the time of the
hearing, there were eight employees in the appropriate unit.
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
organization and to collective bargaining, and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Union requests certification upon the record; the Company's
representative at the hearing stated that this was acceptable to the
Company. The Union produced its six membership cards at the
hearing. The Company's representative examined these cards, agreed
that the signatures thereon were genuine and were the signatures
of employees in the appropriate unit. The parties agreed that there
were eight persons in the appropriate unit as of the date of the
hearing. Since six of these persons have been clearly shown to be
members of the Union, we shall certify the Union as the exclusive
representative of the employees in said unit.
On the basis of the above findings of fact and 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 United Brass Works, Inc., New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All the production and maintenance employees of the Company,
including working foremen, but excluding supervisory, shipping,
and clerical employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. ^ Local 1224, United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of the employees in
the above unit as their representative for the purposes of collective
bargaining, and is the exclusive representative of all employees in
said unit within the meaning of Section 9 (a) of the National Labor
Relations Act. -
CERTIFICATION OF REPRESENTATIVES
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 CERTIFIED that Local 1224 , United Electrical, Radio
& Machine Workers of America, affiliated, with the Congress of In-
UNITED BRASS WORKS, INC. 937
dustrial Organizations , has been designated and selected by a ma-
jority of the production and maintenance employees of United Brass
Works, Inc., New York City, including working foremen, but ex-
cluding supervisory , shipping , and clerical employees , as their repre-
sentative for the purposes of collective bargaining, and that pursuant
to the provisions of Section 9 (a) of the National Labor Relations
Act, Local 1224, United Electrical , ,Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages , hours of
employment , and other conditions of employment.