United Smelting & Aluminum Co., Inc.

National Labor Relations Board - Board Decisions

Dec 31, 1946

71 N.L.R.B. 1328 (N.L.R.B. 1946)

In the Matter Of UNITED SMELTING & ALUMINUM CO., INC., EMPLOYER
and UNITED STEELWORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 1-R-3387.Decided December 31, 1946
Mr. George A. Gins bury, of New Haven, Conn., for the Employer.
Mr. Harold Bernard, of New Haven, Conn., for the Petitioner.
Mr. James J. Clerkin, of New Britain, Conn., for the Intervenor.
Mr. Henry W. de Kozmian, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New
Haven, Connecticut, on November 7, 1946, before Sam G. Zack, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Nat Tomit Labor Relations
Board makes the following,
FINDT-NGs OF FACT
1. THE, BUSINESS OF T11E EMPLOYER
United Smelting & Aluminum Co., Inc., is it Connecticut corpora-
tion engaged in the production of sheet aluminum and coil at its only
plant in New Haven, Connecticut. It annually purchases raw mate-
rials valued in excess of $500,000, of which 75 percent is shipped to
the Employer from points outside the State of Connecticut. It an-
nually sells over $1,000,000 worth of goods, approximately 75 percent
of which is shipped to points outside the State of Connecticut.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. 'I'IIE OKG4_A"IZAT1ONS 1\\OLU?n
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
71 N.L R. B, No 210
1328
UNITED SMELTING & ALUMINUM CO., INC. 1329
Aluminum Workers' Local Union No. 18738, herein called the Inter-
venor, is a labor organization affiliated with the American Federation
of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On December 27, 1944, the Intervenor and the Employer executed
a contract covering employees of the Employer. The contract pro-
vided that it was to run from January 1, 1945, to December 31, 1945, at
the end of which period it could be "extended, revised or modified."
On December 19, 1945, the Intervenor and the Employer executed a
contract, effective as of January 1, 1946, which was to terminate on
December 31, 1946, and which renewed the 1945 agreement with some
amendments. Neither agreement contained an automatic renewal
clause. On October 1, 1946, the Petitioner notified the Employer that
it represented a majority of the Employer's employees and wished to
be recognized as their collective bargaining agent. On October 2,
1946, the Petitioner filed the petition in this proceeding. The Em-
ployer refuses to recognize the Petitioner as the exclusive bargaining
representative of employees of the Employer until the Petitioner has
been certified by the Board in an appropriate unit.
Iii the light of the foregoing facts, we find, contrary to the Inter-
venor's contention, that the 1946 agreement is not a bar to a current
determination of representatives.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
production, maintenance, and shipping employees of the Employer,
including teamsters, but excluding executives, office clerical employees,
the chief electrician, foremen, 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 col-
lective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with United Smelting & Aluminum
Co., Inc., New Haven, Connecticut, 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
O
,1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director for the First Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Sec-
tions 203 . 55 and 203 .56, of National Labor Relations Board Rules and
Regulations-Series 4, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees 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 and have not been rehired or reinstated prior
to the date of the election, to determine whether they desire to be repre-
sented by United Steelworkers of America, C. 1. 0., or by Aluminum
`Yorkers' Local Union No. 18738, A . F. of L., for the purposes of
collective bargaining , or by neither.