Brown & Sharpe Mfg. Co.

National Labor Relations Board - Board Decisions

Jul 31, 1947

74 N.L.R.B. 801 (N.L.R.B. 1947)

In the Matter of BROWN & SHARPE MFG. Co. and INTERNATIONAL FED-
ERATION OF TECHNICAL ENGINEERS , ARCHITECTS AND DRAFTSMEN'S
UNION, LOCAL No. 119, A. F. OF L.
Case No. 1-C-2953.-Decided July 31,1947
Mr. Thomas H. Ramsey, for the Board.
Mr. Eugene J. Phillips, of Providence, R. I., for the respondent.
Mr. Stanley F. Fisk, of Providence, R. I., for the Union.
Mr. Benjamin B. Lipton, of counsel to the Board.
DECISION
AND
ORDER
On February 7, 1947, Trial Examiner Arthur Leff issued his Inter-
mediate Report in the above -entitled proceeding , finding that the re-
spondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter , the respondent filed
exceptions to the Intermediate Report.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial error was committed . The rulings are hereby
affirmed. The Board has considered the Intermediate Report, the
exceptions , and the entire record in the case, and hereby adopts the
findings, conclusions , and recommendations of the Trial Examiner.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, Brown & Sharpe Mfg. Co.,
Providence, Rhode Island, and its officers, agents, successors, and
assigns shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with International Federation
of Technical Engineers, Architects and Draftsmen's Union., Local No.
74 N. L. R B , No. 131.
801
802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
119, A. F. of L., as the exclusive representative of all non-supervisory,
tinge-study men at the respondent's Providence, Rhode Island, plant,
in respect to rates of pay, wages, hours of employment or other condi-
tions of employment;
(b) In any manner interfering with the efforts of International
Federation of Technical Engineers, Architects and Draftsmen's Union
Local No. 119, A. F. of L., to bargain collectively with it on behalf of
the employees in the aforesaid appropriate unit.,
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with International Fed-
eration of Technical Engineers, Architects and Draftsmen's Union,
Local No. 119, A. F. of L., as the exclusive bargaining representative
of all employees in the unit described herein, in respect to rates of
pay, wages, hours of employment, or other conditions of employment,
and if an understanding is reached, embody such understanding in a
signed agreement ;
(b) Post at its plant at Providence, Rhode Island, copies of the
notice attached to the Intermediate Report, marked "Appendix A." 1
Copies of said notice, to be furnished by the Regional Director for
the First Region, shall, after being duly signed by the respondent's
representative, be posted by the respondent immediately upon receipt
thereof and maintained by it for sixty (60) consecutive days there-
after in conspicuous places, including all places where notices to em-
ployees are customarily posted. Reasonable steps shall be taken by
the respondent to insure that said notices are not altered, defaced, or
covered by any other material;
(c) Notify the Regional Director for the First Region, in writing,
within ten (10) clays from the date of this Order what steps the re-
spondent has taken to comply herewith.
MR JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Order.
INTERMEDIATE REPORT
Mr Thomas H. Rannsey , for the Board.
Mr. Eugene J Phtilips , of Providence , R. I , for the respondent
Mr. Stanley F. Fish, of Providence , R. I., for the Union.
' This notice, however, shall be, and it hereby is, amended by striking from the fiist
paragraph thereof the words THE RECOMMENDATIONS OF A TRIAL EXAMINER"
and substituting in lieu thereof the words "A DECISION AND ORDER" In the event
that this Order is enforced by decree of a Circuit Court of Appeals, there shall be inserted
in the notice, before the words "A DECISION AND ORDER," the words "DECREE OF"
THE UNITED STATES CIRCUIT COURT OF APPEALS ENFORCING
BROWN & SHARPE MFG. CO.
STATEMENT OF THE CASE
803
Upon a charge duly filed by Inteinational Federation of Technical Engineers,
Architects and Draftsmen ' s Union, Local No. 119 , A. F. of L., herein called the
Union, the National Labor Relations Board , herein called the Board, by its
Regional Director for the First Region ( Boston , Massachusetts ), issued its
complaint dated December 27, 1946 , against Brown & Sharpe Mfg. Co ., herein
called the respondent , alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the meaning of
Section 8 ( 1) and ( 5) and Section 2 (6) and ( 7) of the National Labor Relations
Act, 49 Stat . 449, herein called the Act Copies of the complaint accompanied
by notice of hearing thereon were duly served upon the respondent and the
Union.
With respect to the unfai r labor practices , the complaint alleged in substance :
(1) that all time study men at the respondent's providence plant, excluding 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;
(2) that on or about June 28, 1946, a majority of the employees in the said unit
designated the Union as their representative for the purposes of collective bar-
gaining; ( 3) that at all times since June 28, 1946 , the Union has been the exclu-
sive representative of the employees in the said appropriate -unit; and (4) that
since on or about November 15, 1946 , the respondent has refused to bargain
collectively with the Union as the exclusive representative of the employees in
said unit.
The respondent thereafter filed its answer in which it admitted that it has
refused to bargain collectively with the Union as the exclusive bargaining repre-
sentative of the persons in said unit, but denied that time study men are em-
ployees within the purview of the Act , that the unit alleged in the complaint
constituted a unit appropriate for the purposes of collective bargaining , and that
it had committed any unfair labor practices by refusing to bargain with the
Union with respect to time study men in the alleged unit.
Pursuant to notice , a hearing was held January 13 , 1946 , at Providence, Rhode
Island, before the undersigned , Arthur Leff, the Trial Examiner duly designated
by the Chief Trial Examiner . The Board and the respondent were represented
at the hearing by counsel and the Union by a representative . Full opportunity
to be heard , to examine and cross -examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties The parties did not avail them-
selves of the opportunity afforded them to-present oral argument before, or 'to
file briefs of proposed findings and conclusions , or both , with the undersigned.
Upon the entire record of the case, the undersigned makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Brown & Sharpe Mfg. Co., a Rhode Island corporation, is engaged at Provi-
dence, Rhode Island, in the manufacture, sale and distribution of machine tools,
attachments, cutters, sewing machines, iron castings, and other miscellaneous
articles The respondent purchases, annually, raw materials consisting of steel,
iron, and various other metals, tools and equipment valued in excess of $10,-
0000.000 of which in excess of 50 percent represents shipments from points out-
804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
side the State of Rhode Island. During a similar period, the respondent manu-
factures finished products valued in excess of $20,000,000, of which more than 50
percent represents shipments to points outside the State. The respondent ad-
mits that it is engaged in commerce within the meaning of the Act
II. THE ORGANIZATION INVOLVED
Local 119, International Federation of Technical Engineers, Architects &
Draftsmen's Union is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the respondent.
III. THE UNFAIR LABOR PRACTICES
1. The appropriate unit; representation by the Union of a majority therein
On June 6, 1946, the Board issued a Decision and Direction of Election in Case
No. 1-R-2798 (68 N. L. R. B. 487), finding, among other things, that all time-
study men of the respondent, excluding 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. On June 18, 1946, the respondent petitioned the Board for an order re-
opening Case No. 1-R-2798 and for a rehearing therein insofar as said case af-
fected time-study men. The Board granted the respondent's petition, and or-
dered a further hearing to be held for the purpose of taking evidence respecting
the functions and status of the respondent's time-study men, but ordered, at the
same time, that the election theretofore directed be held on June 28, 1946, as
scheduled, and that the ballots in the time-study men voting group be impounded
pending the Board's final determination of the status of such time-study men
Following a further hearing with respect to the respondent's time-study, men,
the Board on August 26, 1946, issued its Supplemental Decision and Direction (70
N. L. R. B. 709), confirming, after examination of the evidence inroduced at
the reopened hearing, its previous unit finding concerning time-study men, and
directing the opening and counting of the impounded ballots.
The tally of ballots cast in the election by secret ballot held on June 28, 1946,
which was conducted under the direction and supervision of the Regional Director
for the First Region, showed that of approximately 28 eligible voters in the time-
study unit, 27 cast valid votes, of which 21 were for the Union, and 6 against
No objections to the election were filed by any of the parties within the time pre-
scribed therefor in the Rules and Regulations of the Board. On September 27,
1946, the Board certified the Union as the representative for the purposes of col-
lective bargaining of the time-study employees in the unit heretofore described
The respondent contests the appropriateness of the unit found by the Board
The respondent's position in.substance, a position upon which it also rests to
justify its refusal to bargain, is that time-study men perform essentially "man-
agerial" and "confidential" functions, are not employees within the purview of
the Act, and, consequently, may not properly form an appropriate collective bar-
gaining unit entitling their majority representative to recognition under the Act.
The identical contentions were urged by the respondent and fully considered by
the Board in the representation proceeding, and there specifically ruled upon
BROWN & SHARPE MFG. CO. 805
adversely to the respondent. In the instant complaint proceeding the respondent
adduced no further evidence and advanced no additional arguments but relied
entirely upon the record made in the representation proceeding. Under the cir-
cumstances the undersigned is constrained to adhere to the law of the case as
established by the Board in the earlier representation proceeding.
The undersigned, therefore, finds in accordance with the Board's previous
determination that all time-study men at the respondent's Providence plant, ex-
cluding 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, and at all times material herein constituted,
a unit apptopriate for the purposes of collective bargaining. The undersigned
further finds that on and at all times after June 28, 1946, the Union was the duly
designated bargaining representative of a majority of the employees in the afore-
said bargaining unit and that, pursuant to the provisions of Section 9 (a) of the
Act, the Union was on June 28, 1946, and at all times thereafter has been and is
now the exclusive representative of all employees in the aforesaid unit for the
purposes of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
2 The refusal to bargain
The complaint alleges and the answer admits that on November 7, 1946, the
Union requested the respondent to bargain collectively with it as the exclusive
representative of all the employees in the aforesaid appropriate unit, and that
on November 15, 1946, as well as at all times thereafter, the respondent refused
to do so.
The undersigned finds that the respondent on November 15, 1946, and at all
times thereafter, has refused to bargain collectively with the Union as the exclu-
sive representative of its employees in an appropriate unit and has thereby inter-
fered with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondent set forth in Section III, above, occurring in
connection with the operations of the respondent described in Section I, above,
have a close, intimate, and substantial relation to trade, traffic, and commerce
among the several States, and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
Since it has been found that the respondent has engaged in unfair labor prac-
tices, it will be recommended that it cease and desist therefrom and take certain
affirmative action designed to effectuate the policies of the Act.
Because of the basis of the respondent's refusal to bargain as indicated by the
facts found, and because of the absence of any evidence that danger of other
unfair labor practices is to be anticipated from the respondent's conduct in the
past, the undersigned will not recommend that the respondent cease and desist
from the commission of any other unfair labor practices. Nevertheless, in order
to effectuate the policies of the Act, the undersigned will recommend that the
respondent cease and desist from the unfair labor practices found and from any
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other acts in any manner interfering with the efforts of the Union to negotiate
for or represent the employees as exclusive bargaining agent in the unit herein
found appropriate.
Upon the basis of the above findings of fact and upon the entire record in the
case, the undersigned makes the following :
CONCLUSIONS OF LAW
1 International Federation of Technical Engineers, Architects and Drafts-
men's Union, Local No. 119, affiliated with the American Federation of Labor,
is a labor organization within the meaning of Section 2 (3) of the Act.
2. All time-study men at the respondent's Providence plant, excluding 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.
3. International Federation of Technical Engineers, Architects and Drafts-
men's Union, Local No. 119, A. F of L, was on June 28, 1946, and at all times
thereafter has been the exclusive representative of all employees in the aforesaid
unit for the purposes of collective bargaining within the meaning of Section 9 (a)
of the Act.
4. By refusing on November 15, 1946, and at all times thereafter, to bargain
collectively with International Federation of Technical Engineers, Architects
and Draftsmen's Union, Local No. 119, A. F. of L, as the exclusive representative
of all its employees in the aforesaid unit, the respondent has engaged in and is
engaging in unfair labor practices within the meaning of Section 8 (5) of the Act.
5 By interfering with, restraining, and coercing its employees in the exer-
cise of the rights guaranteed in Section 7 of the Act, the respondent has engaged
in and is engaging in unfair labor practices within the meaning of Section 8 (1)
of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting
commerce wtihin the meaning of Section 2 (6) and (7) of the Act.
RECOMMENDATIONS
Upon the basis of the above findings of fact and conclusions of law, and
upon the entire record in the case, the undersigned recommends that the
i espondent, Brown & Sharpe Mfg Co, and its officers, agents, successors, and
assigns shall:
1. Cease and desist from :
(a) Refusing to bargain with International Federation of Technical En-
gineeis, Architects and Draftsmen's Union, Local No 119. A F of L, as the
exclusive representative of all time-study men at the respondeet's Providence
plant, excluding all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employees or
effectively recommend such action :
(b) Engaging in any other acts in any manner interfering with the efforts
of International Federation of Technical Engineers, Architects and Draftsmen's
Union, Local No 119, A. F. of L, to negotiate for or represent the employees
in the aforesaid unit as exclusive bargaining agent.
BROWN & SHARPE MFG. CO. 807
2 Take the following affirmative action which the undersigned finds will effec-
tuate the policies of the Act :
(a) Upon request bargain collectively with International Federation of Tech-
nical Engineers, Architects and Draftsmen's Union, Local No 119, A F. of L,
as the exclusive bargaining representative of all employees in the bargaining
unit described herein with respect to rates of pay, hours of employment, or
other conditions of employment, and if an understanding is reached, embody
such understanding in a signed agreement;
(b) Post at its plant in Providence, Rhode Island, copies of the notice attached
to the Intermediate Report herein marked "Appendix A" Copies of said notice,
to be furnished by the Regional Director for the First Region, shall, after being
duly signed by the respondent's representative, be posted by the respondent
immediately upon receipt thereof and maintained by it for sixty (60) consecutive
days thereafter in conspicuous places, including all places where notices to
employees are customarily posted. Reasonable steps shall be taken by the
respondent to insure that said notices are not altered, defaced, or covered by
any other material;
(c) File with the Regional Director for the First Region, on or before ten
(10) days from the date of the receipt of this Intermediate Report, a report in
writing setting foi th in detail the manner and form in which the respondent
has complied with the foregoing recommendation.
It is further recommended that unless on or betoie ten (10)' days from the
receipt of the Intermediate Report the respondent notifies said Regional Director
in writing that it has complied with the foregoing recommendations, the National
Labor Relations Board issue an circler requiring the respondent to take the action
aforesaid.
As provided in Section 20339, of the Rules and Regulations of the National
Labor Relations Board, Series 4, effective September 11, 1946, any party or counsel
for the Board may, within fifteen (15) clays from the date of service of the order
transferring the case to the Board, pursuant to Section 203 38 of said Rules and
Regulations, file with the Board, Rochambeau Building, Washington 25, D. C.,
an original and four copies of a statement in writing setting forth such excep-
tions to the Intermediate Report or to any other part of the record or proceeding
(including rulings upon all motions or objections) as he relies upon, together
with the original and four copies of a brief in support thereot, and any party or
counsel for the Board may within the same period, file an original and four copies
of a brief in support of the Intermediate Report Immediately upon the filing of
ssuch statement of exceptions and/or briefs, the party or counsel for the Board
filing the same shall serve a copy thereof upon each of the other parties and shall
file a copy with the Regional Director Proof of service on the other parties of
all papers filed with the Board shall be promptly made as required by Section
203.65. As further provided in said Section 203.39, should any party desire per-
mission to argue orally before the Board, request therefor must be made in
writing to the Board within ten (10) days from the date of service of the order
transferring the case to the Board.
ARTHUR LEFF,
Trial Examiner.
Dated February 7, 1947.
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE To ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT engage in any acts in any manner interfering with the
efforts of INTERNATIONAL FEDERATION OF TECHNICAL ENGI-
NEERS, ARCHITECTS AND DRAFTSMEN'S UNION, LOCAL NO. 119,
A. F. OF L., to negotiate for or represent the employees i n the bargaining unit
described below.
WE WILL BARGAIN collectively upon request with the above-named union
as the exclusive representative of all employees in the bargaining unit
described below with respect to rates of pay, hours of employment or other
conditions of employment, and if an understanding is reached, embody such
understanding in a signed agreement. The bargaining unit is :
All time-study men at the Providence, Rhode Island, plant, excluding
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
Dated ---------------------------
BROWN & SHARPE MFG. CO.
Employer.
By ------------------------------------
(Representative ) ( Title)