Brass Foundry Co.

National Labor Relations Board - Board Decisions

Oct 8, 1943

52 N.L.R.B. 1248 (N.L.R.B. 1943)

In the Matter of BRASS FOUNDRY COMPANY and UNITED FARM EQUIP-
MENT & METAL WORKERS OF AMERICA, C. I. O.
Case No.13-B-1906.-betided October 8, 1943
Mr. F. V.-Arber, of Peoria, Ill., for the Company.
Meyers & Meyers, by Mr. H. E. Baker, of Chicago, Ill., for the
Union.
Mr. Louis Cokin., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Farm Equipment & Metal
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Brass Foundry Company, Peoria, Illinois, here-
in called the Company, the National Labor Relations Board provided
for, an appropriate hearing before Leon A. Rosell, Trial Examiner.
Said hearing was held at Peoria, Illinois, on September 14, 1943. The
Company and the Union appeared at and participated in the hearing.'
All parties were afforded full oportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Brass Foundry Company is an Illinois corporation with its prin-
cipal place of business at Peoria, Illinois, where it is engaged in the
manufacture of brass, bronze, and aluminum castings. Approxi-
' Although Local 360 , International Association of Machinists , herein called the I. A M.,
was served with notice of hearing, it did not appear.
52 N. L. R. B., No. 209.
1248
BRASS FOUNDRY COMPANY 1249
mately 1 percent of the raw materials used by the Company is shipped
to it from points outside the State of Illinois. The Company sells
productsNalued in excess of $50,000 annually, approximately 63 per-
cent of which is shipped to points outside the State of Illinois.
IT. THE ORGANIZATION INVOLVED
United Farm Equipment & Metal Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 26, 1943, the Union requested recognition of the Company
as exclusive collective bargaining representative of the Company's
employees. The Company refused this request until such time as the
Union is certified by the Board.
On November 24, 1942, the Company entered into a contract with
the I. A. M., recognizing it as the collective bargaining representative
of its members only. The . ontract provides that it shall remain in
effect until April 30, 1943, and thereafter until such time as either
party thereto gives the other thirty (30) days' notice of a desire to
terminate. Inasmuch as the contract recognizes the I. A. M. for its
members only, and inasmuch as the contract is terminable upon thirty
days' notice of either party thereto, it is apparent that it does not
constitute a bar to a determination of representatives at this time.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union alleges that all production and maintenance employees
of the Company, including watchmen, but excluding supervisory em-
ployees and office clerical employees, constitute an appropriate unit.
The Company took no position with respect to the appropriate unit.
The record discloses that the Company employs four watchmen,
three of whom bear arms. Although three of the four watchmen are
2 The Regional Director reported that the Union presented 46 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany-'s pay roll of July 19, 1943. There are approximately 78 employees in the appropriate
unit.
1250 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
armed, they are not members of the Auxiliary Military Police. We
shall include the watchmen in the unit.
Evidence introduced at the hearing indicates that the employees
claimed by the Union constitute a well defined homogeneous group.
We find that all production and maintenance employees of the Com-
pany, including watchmen, but excluding office clerical employees 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of the National Labor
Relations Board Rules and Regulations-Series 2, as,amended, it is
hereby
DIREcr1D that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining -%i•ith Brass Foundry
Company, Peoria, Illinois, an election by secret ballot shall be con-
ducted 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 Thirteenth Region, acting in this natter
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
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United Farm
Equipment & Metal Workers of America, affiliated with the C. I. 0.,
for the purposes of collective bargaining.