Breese Brothers Co.

National Labor Relations Board - Board Decisions

Jan 6, 1943

46 N.L.R.B. 808 (N.L.R.B. 1943)

In the Matter of BREESE BROTHERS COMPANY and UNITED ELECTRICAL
RADIO AND MACHINE WORKERS OF AMERICA , LOCAL 761; C. I. O.
Case No. R-4653.-Decided January 6, 1943
Jurisdiction : steel manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition without Board certification; election necessary.
Unit Appropriate for Collective Bargaining : elections directed among (1) truck
drivers and shipping clerk and (2) production and maintenance workers of
black iron department, to determine whether groups constituted a single or
separate units.
Mr. David Lorbach and Mr. Cornelius J. Petzhold, of Cincinnati,
Ohio, for the Company.
Mr. Waldo Stager and Mr. Grant McGlothin, of Cincinnati, Ohio,
for the United.
Mr. John Fuchs, of Cincinnati, Ohio, for the Metal Workers.
Mr. J. W. Brown, of Cincinnati, Ohio, for the Truck Drivers.
Miss Melvern R. Krelow, of counsel to the Board. - '
DECISION'
AND
DIRECTION OF ELECTIONS'
STATEMENT OF THE CASE
Upon petition filed by United Electrical, Radio and Machine Work-
ers of America, Local 761, C. I. 0., herein called the United, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of Breese Brothers Company, Cincinnati, Ohio,
)herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due 'notice before Paul S.
Kuelthau, Trial Examiner. Said hearing was held at Cincinnati, Ohio,
on December 7, 1942. , The Company, the United, Sheet Metal Work-
ers, Local 141, herein called the Metal Workers,' and Truck Drivers,
Chauffeurs & Helpers Union, Local 100, herein called the Truck,Driv-
ers,2 appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi.
i The Metal workers appeared and stated that it was appearing in order to "protect Its
Interests"
2 The Truck Drivers filed a motion to intervene which the Trial Examiner granted.
46 N. L. R. B., No. 89.
808
BREESE BROTHERS COMPANY 809
dence 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
I. TIIE BUSINESS OF THE COMPANY
Breese Brothers Company, an Ohio corporation having its principal
,office and place of business in-Cincinnati, Ohio, is engaged in producing
fabricated sheet plate and structural steel. The Company's total sales
,annually amount to $200,000. The Company purchases raw materials,
approximately 40 percent of which is shipped to the Company from
points outside the State of Ohio. The Company manufactures fin-
ished products, of which approximately 20 percent is shipped to points
outside the State of Ohio.
II. TIIE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America, Local
761, affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
Sheet Metal Workers, Local 141, and Truck Drivers, Chauffeurs &
Helpers Union, Local 100; are labor organizations affiliated with the
American Federation of Labor. They admit to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 18, 1942, the United requested the Company to recog-
nize it as the exclusive bargaining representative for the employees in
the unit it alleges as appropriate. The Company, refused until the
United is certified by the Board.'
A report prepared by a Field Examiner of the Board, and intro-
duced in evidence at the hearing, indicates that the United represents
a substantial number, of employees in the unit it contends is appro-
priate.3
We find "that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
3 The Field Examiner , reported that the United presented 69 cards bearing apparently
genuine signatures , of which 61 bear the names of persons whose names appear on the
pay roll submitted by the Company. This pay roll lists 86 employees in the unit the
United contends is appropriate.
At the hearing the Truck Drivers stated , and it was stipulated by the parties , that it
represented one employee in the unit it claims as appropriate . There are three employees
in the unit the Truck Drivers claims as appropriate. '
The Metal workers presented no evidence in support of'its "interest " among employees
An the unit claimed by the United.
810 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
of'Section 9 (c) 'and-Section 2 (6) and (7) of the National Labor' Rela-
tions Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The United contends that • all production and maintenance em-
ployees, including the truck drivers and shipping clerk, but excluding
foremen, office employees, and employees of the sheet metal depart-
melit who are covered by • a contract between the Company and the
Metal Workers,4 constitute an appropriate unit. The Truck Drivers"
contends that a separate unit consisting of the truck drivers and the
shipping employee constitutes an appropriate unit. The Company
took no position concerning the appropriate unit. -
The employee's in the unit sought by the United are engaged'in
work in' the black iron department: • In this department the steel and
other 'raw material is sheared, machined, shaped, welded, ground, and
painted. The material goes from the black iron department, which
is located on the ground floor of the Company's plant, either directly
to customers of the Company, or to the sheet-metal department, which:
is located on the second floor of the Company's plant, where the
metal is assembled. From there it goes to shops where the, assembled
product is erected and installed by the employee's in the sheet metal
department. These employees are primarily engaged'in the'installa-
tion and erection of the products manufactured by the Company, and
do a large part of-their work away-from•the plant.
The truck drivers and shipping clerk engage in duties normally
associated with employees in that category.
We find that the employees of the Company in the unit alleged
appropriate by the Truck Drivers may, properly be considered -as a
- separate unit or may be merged in the larger production and main-
tenance unit, alleged appropriate by,, the United.
As has been stated, the United desires the exclusion of foremen.
There are five foremen and one superintendent in the black iron de-
partment. All these employees engage in supervisory duties most,
of the time and have the power to discharge. We shall exclude them.
We shall also exclude office employees and those in the sheet metal, de-
partment. We shall include the janitor;•who is engaged in janitorial
duties and occasionally performs the functions,of a watchman.
We shall direct that separate elections be held (1) among-the truck
drivers and shipping clerk of the, Company to determine whether
they desire to be represented by the United or by the' Trtick Drivers
for the purposes of collective bargaining, or'by neither; and (2)
a The Company and the Metal workers have a, contract, -dated June 1, 1942, which is
presently in effect,, covering employees in the sheet metal department.
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BREESE -BROTHERS COMPANY 811,
among all production and maintenance employees of the black iron
department, including the janitor, but excluding the superintendent;
foremen, office employees , employees of. the sheet metal department,
the' truck drivers and the shipping clerk, to determine whether or
not - they desire to be represented by the United :
'
Upon the results
of these elections'will depend in part our determination ^f the appro-
priate unit or units. If the majority in each group select-the United;
they will together constitute a single appropriate unit. If the truck
drivers and shipping employee choose the Truck Drivers, that group
will constitute a separate appropriate unit.
Those eligible to vote shall be the employees in the enumerated
categories who were employed during the pay-roll period immediately
preceding the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction . Since the Metal Workers
has presented no evidence in support of any representation , we shall
not accord it a place on the ballot.
DIRECTION OF ELECTIONS
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 National Labor
Relations Board Rules and Regulations-Series 2, as=amended, it'is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Breese Brothers,'
Company, Cincinnati , Ohio, separate elections by secret ballot shall be
conducted as early as possible , but not later than thirty (30) days
from the .date of: this Direction of Elections , under the direction and
supervision of the Regional Director for the Ninth Region, acting
in this matter as agent for the National Labor Relations Board, sub-
ject to Article III, Section 10, of said Rules and Regulations, among
these employees who fall within the groups-described below and who
were employed by the Company during the pay-roll period imme-
diately preceding the date of this Direction, including employees who
did not work during such 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 employees who have since quit or been
discharged for cause :
(1) the truck drivers and shipping clerk to determine whether
they desire to be represented by United Electrical , Radio and Ma-
chine Workers of America, Local 761, C. I. 0., or by Truck Drivers,
Chauffeurs & Helpers Union , Local 100 , for the purposes of collective
bargaining, or by neither; and
812 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) all production and maintenance employees of the black iron
department, including, the janitor, but excluding the superintendent,
foremen, office employees, employees of the sheet metal department,
the truck drivers and the shipping clerk, to determine whether or
not they desire to be represented by United Electrical, Radio and Ma-
chine Workers of America, Local 761, C. I. 0., -for the purposes of
collective bargaining.
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