Buffalo Brake Beam Co.

National Labor Relations Board - Board Decisions

Feb 23, 1944

54 N.L.R.B. 1570 (N.L.R.B. 1944)

In the Matter of ACME STEEL & MALLEABLE IRON WORKS, DIVISION OF
BUFFALO BRAKE BEAM COMPANY and UNITED STEELWORKERS OF
AMERICA, C. I. O.
Case No. 3-R-723.-Decided February 23, 194 /.
Mr. Harold V. Potter, of Buffalo, N. Y., for the Company.
dlr. James R. Carlton, of Buffalo, N. Y., for the C. 1. 0.
Mr. Herbert W. Clements, of Rochester, N. Y., for the A. F. L.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Acme Steel & Malleable Iron Works, Division of Buffalo Brake Beam
Company, Buffalo, New York, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Peter J. Crotty, Trial Examiner. Said hearing
was held at Buffalo, New York, on January 26, 1944. The Company,
the C. I. O., and International Molders and Foundry Workers Union
of North America, Local 353, A. F. L., herein called the A. F. L.,
appeared, participated, and were'afforded full opportunity 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. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Buffalo Brake Beam Company, a New York corporation, is engaged
in the manufacture of steel and malleable castings. We are concerned
54 N. L R. B, No 252
1570
ACME STEEL & MALLEABLE IRON WORKS 1571
herein with its Acme Steel & Malleable Iron Works Division, located
in the City of Buffalo,,New York. Between November 1 and Novem-
ber 31, 1943, the Company used at its Buffalo, New York, plant, raw
materials valued at approximately $68,487, of which about 30 percent
represents shipments made to the company from points outside the
State of New York. During the same period the Company manu-
factured finished products valued at approximately $220,000, of which
about 35 percent represents shipments to points outside the State of
New York. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Molders & Foundry Workers Union of North America,
Local 353, is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
On December 1, 1943, the C. I. O. made written request to the
Company seeking recognition as the representative of certain of its
employees. The Company refused this request on the ground that
it is currently operating under a collective bargaining agreement
with the A. F. L., dated January 11, 1943. Said agreement provides,
inter alia, that it "shall remain in full force and effect from the date
of -Agreement to December 31, 1943, thereafter from year to year,
unless either party gives thirty (30) days' written notice of cancella-
tion ..'." Both the Company and the A. F. L. urge this contract
as a bar to the proceeding herein. Whether or not notice pursuant
to the contract may be given at any time during its operation is of
no moment in this proceeding," since the C. I. O. presented its claim
for recognition at least 30 days prior to the yearly automatic renewal
date thereof. Under these circumstances, the contract of January
11, 1943, does not constitute a bar to this proceeding=
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the A. F. L. and the C. I. O. each rep-
resents a substantial number of employees in the unit hereinafter
found to be appropriate.,
I Matter of Superior Coach Corp , 39 Ni L. R B 926
2 Matter of ilfill B , hio, 40 N L R. B. 346
-The Field Examiner i eported that the C. I. O. submitted 159 designations, of which 147
bore apparently genuine original signatures and contained the names of persons appearing
upon the Company 's pay roll of December 7, 1943 ; that said pay roll contained the names
of 350 persons within the appropriate unit , and that the A. F. L relies upon its contract
with the Company dated January 11, 1943, for the establishment of its interest.
1572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concern-
ing the representation of employees of the Company within the mean-
ing of\Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with an agreement of the parties, we
find that all production and maintenance employees of the Company,
excluding executives, foremen, assistant foremen, pattern makers,
janitors, watchmen, and standards department employees, technical
employees, office and clerical employees, full-time inspectors, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline or otherwise effect changes in the status"of em-
ployees, or effectively recommend'such action, constitute a unit appro-
priate 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 an election by secret ballot among the em-
ployees in the appropriate unit wh6 were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Acme Steel &
Malleable Iron Works, Division of Buffalo Brake Beam Company, 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 of the Regional Director for the Third
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
4 The A F. L. requested that it be designated upon the ballot as "International Molders
and Foundry Workers Union of North Amet ica, A F. of L , Local 3 3 ," and the C. I. 0
requested that it be designated thereon as "United Steelworkers of America, C I. 0."
Both requests are hereby granted.
ACME STEEL & MALLEABLE IRON WORKS 1573
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 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 rein-
stated prior to the date of election, to determine whether they desire
to be represented by United Steelworkers of America, C. I. 0. or by
International Molders and Foundry Workers Union of North Amer-
ica, A. F. of L., Local 353, for the purposes of. collective bargaining,
or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.