California Brass Mfg. Co., Ltd.

National Labor Relations Board - Board Decisions

Dec 30, 1941

37 N.L.R.B. 1012 (N.L.R.B. 1941)

In the Matter of CALIFORNIA BRASS MFG. CO., LTD. and INTERNATIONAL
UNION, MINE, MILL AND SMELTER WORKERS, LOCAL 468, C. I. O.
Case No. 14-3349.-Decided December 30, 19!1
Jurisdiction : brass and brass products manufacturing industry
Investigation and Certification of Representatives : existence of question • re-
fusal of Company,to recognize eithei of'two competing organizations; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees of the Company, including the driver and the shipping clerk, but exclud-
ing clerical employees and supervisory employees with power to hire and dis-
charge ; agreement as to.
Mr. Leo R. Kasviner , of Los Angeles , Calif., for the Company.
Mr. Dan L. McCornbe , Mr. John Barilone , and Mr . Ralph Dawson,
of Los Angeles , Calif., for the C. I. O.
Mr. Edwin S. McCall and Mr. Jack Richards , of Los Angeles , Calif.,
for the Association.
Miss Marcia Hertzmark , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 15, 1941, International Union, Mine, Mill and Smelter
Workers, Local 468, C. I. 0., herein called the C. I. 0., filed with the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of California Brass
Mfg., Co., Ltd.,' Los Angeles, California, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On October 30, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Relations
i The Company was incorrectly designated in the petition and other formal documents as
California Btass Company
37 N L. R. B., No. 175
1012
CALIFORNIA BRASS, MFG. CO., LTD. ' 1013
Board Rules and Regulations-Series 2, as amended, ordered an inves-
tigation and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice. On November 13,
1941, the Regional Director issued a notice of hearing, copies of which
were-duly served upon the Company and the C. I. O.
Pursuant to notice, a hearing was held on December 2, 1941, at Los
Angeles, California, before Maurice J. Nicoson, the Trial Examiner
duly designated by the Chief Trial Examiner. At the commencement
of the hearing the Trial Examiner granted a motion to intervene by
Brass Workers Association, herein called the Association, an organiza-
tion claiming to represent employees of the Company. The Company,
the C. I. 0., and the Association were represented and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues was
afforded all parties. During the course of the hearing the Trial Ex-
aminer made rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
California Brass Mfg. Co., Ltd. is a California corporation engaged
in the manufacture of brass and brass products at Los Angeles, Cali-
fornia. During the 12 months preceding the hearing the Company
purchased approximately $288,000 worth of materials of which $10,800
represented the cost of materials purchased from points' outside the
State of California. - During the same period the Company's sales
totalled approximately $492,000, 17 per cent of which was shipped
to points outside the State of California.
II. THE ORGANIZATIONS INVOLVED
International Union, Mine, Mill and Smelter Workers, Local 468, is
a labor organization affiliated with the Congress of Industrial Organ-
izations. Brass Workers Association is an unaffiliated labor organiza-
tion. Both admit to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During January and February 1941 representatives of the C. I. O.
met with representatives of the Company on two occasions during
which the C. I. O. requested that the Company recognize it as the
433257-42-vvoL. 3 7 65
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representative of its employees for the purposes of collective bargain-
ing. The Company did not agree to recognize the C. I. O. On
November 24, 1941, the Association notified the Company that it
claimed to represent a majority of its employees and "requested recog-
nition. The Company made no reply to the request because of the
pendency of the present proceeding.
A statement by the Trial Examiner at the hearing indicates that
the C. I. O. and the Association each represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.2
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The C. I. O. desires a unit composed of production and maintenance
employees, excluding clerical employees and supervisory employees
with power to hire or discharge . The Association made no conten-
tion with respect to the appropriate unit but its president testified that
it admits to membership all employees of the Company except office
employees and foremen. As far as the record discloses , there are
no clerical employees other than office employees , and the foremen are
the only supervisory employees . It thus-appears that the C. I. O.
and the Association are in accord as to the appropriate unit. The
Company took no position on the question . The Company employs
one driver and one shipping clerk in its stockroom , both of whom do
some packing . We shall include them in the unit , since both unions
apparently desire their inclusion and since the work they do is closely
related to that of the remaining employees.
2 The Trial Examiner's statement shows that the C I 0 submitted 92 application and
authorization cards, all bearing apparently genuine, original signatures Seventy-thiee of
the cahds bore names appearing on a list of empliyees furnished by the Company The
Association submitted 39 application and authorization cards, all of which bore apparently
gemmne, original signatures, and 38 of which bore names on the list of employees it
also submitted a copy of its bylaws signed by 39 persons other than those who signed
cards Thirty-two of the names on the bylaws were on the Company's list of employees.
There as e approximately ] 50 emplo3 ees in the apps opriate unit
CALIFORNIA BRASS MFG Co-., IIPD. 1015
We find that all production and maintenance employees of the Com-
pany, including the driver and the shipping clerk, but excluding
clerical employees and supervisory employees with power to hire and
discharge, constitute a unit appropriate for the purposes of collec-
tive bargaining, and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise will effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by holding an election by secret ballot.
The parties expressed no preference concerning the pay-roll date
which should be used to determine those eligible to vote. No reason
appears for deviating from our regular practice. Persons eligible
to. participate in the election shall be the employees in the appropriate
unit who were employed by the Company during the pay-roll period
next preceding the date of this Direction, subject to the limitations
and additions hereinafter set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of California Brass Mfg. Co., Ltd., Los
Angeles, California , within the meaning of Section 9 ( c) and Sec-
tion 2 ( 6) and ( 7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
including the driver and the shipping clerk, but excluding clerical
employees and supervisory employees with power to hire and dis-
charge, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
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, Suction 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
California Brass Mfg. Co., Ltd., Los Angeles, California, an election
by secret ballot shall be conducted as early as possible, but not later
1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
than thirty (30) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Twenty-first
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all production and maintenance employees of California
Brass Mfg. Co., Ltd., including the driver and the shipping clerk, who
were employed during the pay-roll period next 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 in the active military
service or training of the United States, or temporarily laid off, but
excluding clerical employees and supervisory employees with power to
hire and discharge, and employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by International Union, Mine, Mill and Smelter Workers, Local 468,
C. I.0., or by Brass Workers Association, for the purposes of collective
bargaining, or by neither.