General Bronze Corp.

National Labor Relations Board - Board Decisions

Mar 7, 1945

60 N.L.R.B. 1098 (N.L.R.B. 1945)

_)
In .the Matter of GENERAL BRONZE =CORPORATION ,and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, UAW-CIO, LOCAL 365
-Case No. 2,R-51,58.-Decided March 7, 1945
Haggerty, Myles cC Wornmer, by illessr.g. Rene A. 117orrnser and
Michael J. Kiely, both of New York City, and Mr. Samuel Dobbins, of
Long Island City, N. Y., for the Company.
- Mr. Benjamin Rubenstein, of New York City, and Mr. Thomas De
Lorenzo, of Long Island City, N. Y., for the UAW.
Mr. Harold Stern, of New York City, for the Electricians and the
Iron Workers.
Protter cC Bagley, by Mr. Julius E. Bagley, of Brooklyn, N. Y., and
Mr. Louis Seoumdy, of New York City, for the Iron Workers.
Mr. Jerome Y. Sturn, of New York City, for the Molders and the
Metal Polishers.
Mr. Edmund J. Gatti, of Brooklyn, N. Y., for the Carpenters.
Boudin, Cohn cC Glickstein, by Mr. Samuel Harris Cohen, of New
York City, for the Teamsters.
-Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
UAW-CIO, Local 365, herein called the UAW, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of General Bronze Corporation, Long Island City, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon-due notice before Jerome
1. Macht, Trial Examiner. Said hearing was held at New York City
on January 30 and 31, 1945. The Company; the UAW; Interna-
tional Association of Bridge, Structural and Ornamental Iron Work-
ers (AFL), and Association of Bridge, Structural and Ornamental
60 N. L. R B., No. 182. _
1098
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GENERAL BRONZE CORPORATION 1099
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Iron Workers, Local 455, herein collectively called the Iron Workers;
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, Truck Drivers and Chauffeurs Local Union
No. 807, herein called the Teamsters : International Molders & Foundry
Workers.Union of North America, Local #87, A. F. L., herein called
the Molders; Metal Polishers, Buffers, Platers & Helpers Interna-
tional Union, Local No. 8, herein,called the Metal Polishers; Inter-
national Brotherhood of Electrical Workers, Local 3, herein called
the Electricians; and Local Union 1653, of International Brother-
hood of Carpenters and Joiners of America, A. F. L., herein called
the Carpenters; appeared,1 participated, and were afforded full oppor;
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the hearing the Iron
Workers moved to dismiss the petition herein and requested oral argu-
ment before the Board. The Trial Examiner referred the motion
and the request to the Board for ruling. Both the motion and the
request are hereby denied. During the hearing, the UAW moved,
on various occasions, to amend the petition by excluding from its pro-
posed unit employees claimed by the Architects, the Teamster,, the
Molders, "the Metal Polishers, the Electricians, and the Carpenters.
These motions were granted by the Trial Examiner. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error, and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Bronze Corporation, a New York corporation, is normally
engaged in the manufacture, sale, and distribution of ornamental,
architectural, ferrous and non-ferrous. products. During the present
period, in addition to such products, it manufactures aircraft parts,
torpedo heads, gun mounts, and various other -implements of war.
For these purposes, it operates eight plants and five warehouses in
and about the vicinity of Long Island, New York, and one plant in
Chicago, Illinois. We are concerned herein solely with six of these
plants 2 and the warehouse. During the past year the Company used
1 Architectural & Engineering Guild , Local 66-International Federation of Technical
Engineers , Architects and Draftsmen ' s Unions, affiliated with the American Federation of
Labor, filed a motion to intervene in this proceeding . It did not , however, appear by counsel
at the hearing.
2 These plants are • No 1, located at 34-19 Tenth Street , Long Island City ; No 2, located
at 4302 38th Street, Long Island City ; Nos 3 and 4, located at 96-08 43rd Avenue , Corona,
Long Island , No 5, located at 79-17 Albion Avenue, Elmhurst , Long Island, and No. 6,
located at 48-20 50th Avenue , Woodside , Long Island The other two plants in this vicinity
operated by the Company are experimental plants. These plants, together with the Chicago
plant, are not involved in this proceeding.
1-100 O^DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the six plants involved herein raw materials valued in excess of
$1,000,000, of which approximately 90 percent was shipped from
points outside the State of New York. During the same period,
finished products were manufactured, by said plants valued at more
than $1,000,000, of which approximately 90 percent was- shipped- toa
points outside the State of New York.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, UAW-CIO, Local 365, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Association of Bridge, Structural and Ornamental
Iron Workers; Association of Bridge, Structural and Ornamental Iron
W6r'kers, Local 455; International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, Truck Drivers and
Chauffeurs Local Union No. 807; Agricultural & Engineering Guild,
Local 66-International Federation of Technical Engineers, Archi-
tects and Draftsmen's Unions; International Molders & Foundry
Workers Union of North America, Local #87; Metal Polishers,,
Buffers, Platers & Helpers International Union, Local No. 8; Inter-
national Brotherhood of, Electrical Workers, Local 3; and Local
Union 1653, of International Brotherhood of Carpenters and Joiners
of America, are labor organizations affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESEN TATION -
By letter dated October 23, 1944, the UAW requested recognition
from the Company as the collective bargaining representative of cer-
tain of its employees. Because of its bargaining relationship with
each of the labor organizations affiliated with the American Federa-
tion of Labor which are herein involved, the Company refused to^
accord such recognition to the UAW.
The contracts between the Company and the labor organizations
affiliated with the American Federation of Labor cover all its pro-
duction and maintenance employees. As hereinbefore indicated, the
UAW amended its proposed unit by excluding therefrom all employees
not presently represented-by the Iron Workers. The most recent
contract between the Company and the Iron Workers terminates
March 31, 1945, approximately 1 month from the present time; con-
GENERAL BRONZE CORPORATION 1101
sequently, it does not constitute a bar to a current determination of
representatives.3 ,
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the UAW represents a sub-
stantial number of employees in the unit hereinafter found
appropriate.'
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
The Company, the Iron Workers, and the UAW agree upon' the
inclusion within the unit of all production and maintenance em-
ployees employed by the Company in the six plants and five ware-
houses involved herein, including timekeepers, material inspectors,
material expediters, stock clerks, receiving and shipping clerks and
their helpers, and leadmen and finishers.5 They are further agreed
upon the exclusion of office employees, guards, employees currently
represented by the Teamsters, the Electricians, the Molders, the Archi-
tects, the Metal Polishers, and the Carpenters, and supervisory , em-
ployees within the meaning of the Board's customary definition.
However, while the UAW would exclude foremen, the Company and
the Iron Workers seek to include them. The record indicates that
these-employees, who have been included as part of the collective bar-
gaining unit represented by the Iron Workers since 1937, have the
authority to discharge and to recommend changes in the status of
subordinates. We find that foremen are supervisory employees,' and
we shall exclude them.,
Accordingly, we find that all production and maintenance employees
engaged in plants 1, 2, 3, 4, 5, and 6, and the five warehouses of the
Company in and about the vicinity of, Long Island, New York, includ-
3 Cf. Matter of United States Rubber Company, 41 N L. R. B. 1005
4 The Field Examiner reported that the UAW submitted 539 valid designations and that
there are approximately 1,543 employees in the unit hereinafter found appropriate.
The interest-of the Iron Workers in this proceeding is established by its collective bar-
gaining agreement with the Company n
B The record indicates that leadmen and finishers have no power to make any recom-
mendations with respect to the efficiency, promotion, or transfer of employees , but are
limited in authority to reporting circumstances to the foreman , who thereafter takes inde-
pendent action . We find that leadmen and finishers are nonsupervisory employees.
6 The record indicates that the head timekeeper has authority to make recommendations
affecting the status of subordinates -similar to that possessed by foremen . We shall, there-
fore, consider this employee as a foreman, and shall exclude him
The record further discloses that the stock clerks are under the supervision of the chief
stock clerk . However, it fails to indicate whether or not this employee possesses super-
visory authority within the meaning of our usual definition . We shall, therefore, make
no determination at this time with respect to his status . If this employee ' possesses super-
visory authority within the meaning of our customary definition , he is to be excluded from
the unit ; otherwise he is to be included.
1102. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing timekeepers, material inspectors, material expediters, stock clerks,
receiving and shipping clerks and their helpers, leadmen and finishers,
but excluding office employees, guards, employees currently repre-
sented by the Teamsters, the Electricians, the Molders, the Architects,
the Metal Polishers, and the Carpenters, foremen, and all other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively 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
The record indicates that, prior to the war, the Company was
engaged in the manufacture of custom-made ornamental metal prod-
ucts used in the building trade; that this work was highly specialized;
and that the Company did not engage in manufacturing articles upon
a mass production basis. During this period, the Company operated 2
plants and 2 warehouses, employing approximately 500 workers. The
record further indicates that, at the present time, the Company is
engaged almost completely in the production of articles used in the war
effort. In order to do so, it expanded its operations by converting its
original warehouses into plants 3 and 4 and acquiring by lease plants
5 and 6.7 The Company now employs. approximately 2,600 employees
in all its operations.
With respect to the future operations of the Company, the record
indicates that plant 1 has contracts which will last until the latter part
of the present year; plants 2, 5, and 6 will have completed work under
present contracts in the latter part of May or the early part of June;
plant 3 is dependent upon the continuance of orders for castings from
the Company's customers; and plant 4, as previously indicated, is
already almost completely reconverted to peacetime production.
The Company employs between 900 and 1,000 employees in plants
5 and 6, and approximately 1,150 employees in the six plants whose
employment will be affected by any failure of the Company to obtain
renewals of the contracts completed in May or Junes For this reason,
the Iron Workers opposes the direction of an election at this time,
4 The Company also operates , as hereinbefore noted , three additional plants not involved
in this proceeding These plants also appear to have been placed in operation as a result
of the Company's expansion brought about by its conversion to war work Plant 1 now
manufactures ordnance Plant 2 now produces aircraft parts. Plant 3 now manufactures
commercial castings Plant 4 was engaged until December 1944 in the production of
items used in torpedoes , but is now almost completely reconverted to producing articles
manufactured by the Company in peacetime Plants 5 and 6 are presently engaged in
aircraft assembly
9 The record indicates that several of these employees are engaged at plant 2
In its brief , the Company stated that it "does not entertain anN thought of continuing
operation of plants 5 and 6 after the completion of these contracts, or under any circum-
stances after the termination of the war " ( Emphasis supplied )
GENERAL BRONZE CORPORATION 1103
contending, in its brief, that "an election ... could result in a.union
imposed upon building trade workers who will be left . . . a union not
of their own choosing, but imposed on them by visiting temporary
workers." It appears from the record that the Company is in accord
with this position. However, in its brief it suggests that "if an elec-
tion be declared upon the [UAW's] petition . . . the unit be segre-
gated and the election limited to plants `5' and `6'." We think it a
fair inference from the entire record that the future`employment•plans
of the Company are by no means definitely established. For this
reason, we shall neither postpone the direction of an •election nor de-
prive any employees in the appropriate unit of an opportunity to choose
a collective bargaining representative. However, when it is demon-
strated that the Company's personnel has been cut to its pre- war size
by reconversion from war to peacetime production, and that this,
together with other appropriate circumstances, warrants a redetermi-
nation of representatives or of the appropriate bargaining unit, a new
petition for the investigation and certification of a collective bargain-
ing representative may be filed with the Board.9
Accordingly, we shall direct that the question concerning representa-
tion which has arisen be resolved by an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election 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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa
tives for the purposes of colleetive bargaining with General Bronze
Corporation, Long Island City, New York, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Second 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
n flatter of M P Roller . Inc, 56 N L R B 16.
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 they desire to be represented by Inter-
national Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, UAW-CIO, Local 365, affiliated with the
Congress of Industrial Organizations, or by Association of Bridge,
Structural and Ornamental Iron Workers, Local 455, affiliated with
the American Federation of Labor, for the purposes of collective-bar-
gaining, or by neither.