59 N.L.R.B. 634 (N.L.R.B. 1944)

American Brass Co.

National Labor Relations Board - Board DecisionsNov 28, 1944

59 N.L.R.B. 634 (N.L.R.B. 1944)

In the Matter of AMERICAN BRASS COMPANY and INTERSTATE COPPER AND BRASS WORKERS UNION, AFFILIATED WITH CONFEDERATED-UNIONS OF AMERICA In the Matter of THE AMERICAN BRASS COMPANY and INTERSTATE COPPER AND BRASS WORKERS UNION, LOCAL #15 Cases Nos. 3-R-699 and 3-R-843 respectively SUPPLEMENTAL DECISION AND AMENDED CERTIFICATION OF REPRESENTATIVES November,28, 1944 On November 18, 1944, The American Brass Company, Buffalo, New York, herein called the Company, and Interstate Copper and Brass Workers Union, Local #15, affiliated with Confederated Unions of America, herein called the Union, filed a joint petition with the Board, wherein the parties requested the consolidation into one appropriate unit, the units more particularly described below, in one of which the Union had heretofore been certified by the Board as the exclusive rep- resentative for the purposes of collective bargaining. Upon the entire record in the case, the Board makes the following supplemental findings of fact which, to the extent that they are in- consistent therewith supersede the findings of fact hereinbefore made in the instant cases. , SUPPLEMENTAL FINDINGS OF FACT The parties desire that the Board consolidate into one appropriate unit the following units:, (1) all mill clerical employees (including methods, promise, cost, receiving and shipping clerks), testers, and laboratory employees, but excluding departmental timekeepers, pre- mium clerks, time-study clerks, general office and clerical employees, ,confidential secretaries, chief timekeeper, chief clerks in operating de- partments, heads of divisions in the labor relations department, and all other supervisory employees,' and (2) all mill timekeepers, includ- i The Union was certified on April 11, 1944, as the bargaining representative of the employees in the unit set forth above ( 55 N. L. R. B. 245 ). The employees therein excluded as departmental timekeepers are the same as those hereinafter referred to as mill time- keepers. 59 N. L . R. B., No. 125. 634 AMERICAN BRASS COMPANY 635 ing the assistants to the chief timekeeper, but excluding supervisory employees. On October 25, 1944, the National Labor Relations Board issued a Decision and Direction of Election with respect to the em- ployees in the second .2 As a result of an election held pursuant thereto on November 14, 1944, the Regional Director certified that a majority of the valid votes were cast for the Union. In view of the joint request of the parties herein, we find that both groups may ap- propriately constitute a single unit. We find that all mill clerical employees (including methods, prom- ise, cost, receiving and shipping clerks), testers, laboratory employees, and mill timekeepers, including the assistants to the chief timekeeper, of The American Brass Company, Buffalo, New York, but excluding premium clerks, time-study clerks, general office and clerical em- ployees, confidential secretaries, chief timekeeper, chief clerks in op- erating departments, heads of divisions in the labor relations depart- ment, 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 collective bargaining within the meaning of Section 9 (b) of the Act. AMENDED 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 Relations Act, and pursuant to Article III, Sections 9 and 10,,of National Labor Relations Board Rules and Regulations-Series 3, as amended, IT Is HEREBY CERTIFIED that Interstate Copper and Brass Workers Union, Local #15, affiliated with Confederated Unions of America, has been designated and selected by a majority of the following em- ployees of The American Brass Company, Buffalo, New York : all mill clerical employees (including methods, promise, cost, receiving and shipping clerks), testers, laboratory employees, and mill time- keepers, including the assistants to the chief timekeeper, but excluding premium clerks, time-study clerks, general office and clerical em- ployees, confidential secretaries, chief timekeeper, chief clerks in operating departments, heads of divisions in the labor relations de- partment, 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, as their representative for the purposes of collective bargaining, and that, pur- suant to Section 9 (a) of the Act, the Interstate Copper and Brass 2 38 N L R B 1331. 636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Workers Union, Local #15, affiliated with Confederated Unions of America, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.3 8 The purpose of the amended certification of representatives is to consolidate into, a single certification the two groups hereinabove referred to ; while it may be construed as a present certification of the mill timekeepers, including the assistants to the chief time- keeper , it is not to be construed as a present recertification of the Union with respect to the group certified on April 11, 1944, referred to in footnote 1, supra.