Crown Cork & Seal Co., Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1943

53 N.L.R.B. 741 (N.L.R.B. 1943)

In the Matter of CROWN CORK & SEAL COMPANY , INC. and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, (UAW-CIO)
Case No. 5-R-1374.-Decided November 18,,1943
Messrs. F. E. Fasting, John Nagle and Richard A. Clapp, all of
Baltimore, Md., for the Company.
Mr. Paul A. Wagner, of Baltimore, Md., for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America
(UAW-CIO), herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Crown Cork & Seal Company, Inc., Baltimore, Maryland, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before David H. Werther,
Trial Examiner. Said hearing was held at Baltimore, Maryland, on
November 2, 1943. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues.
During the hearing the Company moved to dismiss the petition on
the grounds, (1) that the Board lacked jurisdiction over the Company,
and (2) that the unit sought by the Union is inappropriate. The Trial
Examiner reserved ruling on the motion for the Board. For the
reasons set forth hereinafter, the motion is hereby denied. 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 :
53 N. L. R B, No. 133.
741
742 DECISIONS OF NATIONAL LABOR` RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Crown Cork & Seal Company, Inc., is a New York corporation main-
taining its principal office and place of business in Baltimore, Mary-
land, where it owns and operates several plants. This proceeding is
concerned solely with the Baltimore plant known as "Plane Assembly
Division." At this plant the Company assembles plane wing parts
which are then shipped to Glenn L. Martin Company, a manufacturer
of airplanes, where they are attached to, and incorporated in planes
which the latter company produces for the armed forces of the United
States. Plane Assembly Division is totally engaged in war work.
During the past 12 months, raw materials consisting of aluminum,
steel, and bronze parts having an approximate value of $5,000,000 were
shipped in trucks owned and operated by Glenn L. Martin Company
from its warehouses in the State of Maryland to Plane Assembly
Division. In excess of 50 percent of the raw materials used by Glenn
L. Martin Company in fabricating such aluminum, steel, and bronze
parts was shipped to that company from sources outside the State of
Maryland. During the same period, wing parts manufactured in
Plane Assembly Division, valued at about $2;500,000 were delivered by
Glenn L. Martin Company trucks to plants of said company in the
State of Maryland. During- that same period the Company pur-
chased small tools and replacement machine parts' for use in its Plane
Assembly Division valued in excess of $120,000, about 50 percent of
which was shipped to the plant from sources outside the State of
Maryland.
On these facts we find, contrary to the contention of the Company,
that its operations with respect to the Plane Assembly Division affect
commerce within the meaning of the National Labor Relations Act?
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 21, 1943, the parties held a conference as a result of which
the Company refuses to grant recognition to the Union as the exclu-
I See N. L. R . B. V. Fainblatt, 306 U. S. 601 ; also see Matter of Simpson & Murdock
Printing Co, 31 N. L. R. B . 609; Matter of Aluminum Alloy Casting Company, 32 N L.
R., B 1276; Matter of A-cc Foundry, Limited, 38 N. L. R. B. 392; Matter of Knott &
Garllus, 44 N. L. R. B. 477.
CROWN CORK & SEAL COMPANY, INC. . 743
sive bargaining representative of its employees in the Plane Assembly
Division unless the Union is certified by the Board in an appropriate
unit.
A statement of a Board Agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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 Act.
IV. THE APPROPRIATE UNIT
Prior to 1942, the Company was engaged in the manufacture of
various devices and machinery for the bottling industry. In the
spring of that year the Company became a subcontractor assembling
wing parts for the Glenn L. Martin Company, using for that purpose
space previously utilized as cork sheds. At the hearing the Company
moved to dismiss the petition for the reason that the Plane Assembly
Division is not an appropriate unit for collective bargaining; how-
ever, it failed to adduce any evidence to demonstrate the validity of
its contention. The record contains ample evidence to show that
Plane Assembly Division is a separate division of the Company en-
tirely devoted to subcontract work for Glenn L. Martin Company and
unrelated to the Company's normal business. Under these circum-
stances, we find no merit in the Company's contention.
The Company agrees that, in the event the Board should find the
employees of Plane Assembly Division to constitute an appropriate
unit, then the employees in the classifications sought by the Union in
its amended petition constitute the appropriate unit. Accordingly, we
find that all production and maintenance employees in the Plane As-
sembly Division'of the Company, including leaders,3 riveters,'assembly
men, inspectors, re-workmen, keymen, helpers, instructors, finish -me-
chanics, assorters, drill grinders, cafeteria workers, fitters; tool control
attendants, drill press operators, air duct workers, trimmers, trainees,
riv-nut workers, hydraulic machine operator's, machine operators,
small parts operators, machinists, spot welders, tool crib attendants,
and storeroom workers, but excluding office and clerical employees,
9 The Field Examiner reported that the Union submitted 386 authorization cards, all
of which bore apparently genuine original signatures ; that the names of 186 persons
appearing on the cards were listed on the Company's pay roll of September 20, 1943,
winch contained the names of 642 employees in the appropriate unit; and that the cards
were variously dated between March and September 1943.
3 Leaders rank under foremen and subforemen . Each of them is in charge of a keyman,
or skilled mechanic , and six to eight employees Leaders have no authority to hire, pro-
mote, discharge , or discipline any employees . Although they may recommend discipline
for employees , such recommendations bear no greater weight than similar recommenda-
tions from rank and file employees . Leaders devote 65 to 70 percent of their time to
manual work and are admitted into membership by the Union.
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
guards, draftsmen , technical engineers , 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 an election by secret ballot among the em-
ployees in the appropriate unit who 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 . The Union requests that it appear on the ballot as UAW-
CIO. The request is hereby granted.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Crown Cork &
Seal Company, Inc., Baltimore , Maryland , 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 super-
vision of the Regional Director for the Fifth Region, acting in this
matter 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 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 reinstated prior to the date
of the election , to determine whether or not they desire to be repre-
sented by UAW-CIO, for the purposes of collective bargaining.