National Brass Co.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1105 (N.L.R.B. 1945)

In the Matter of NATIONAL BRASS COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE 475, A. F. L.
Case No. 7-R-2012.-Decided November 29, 1945
Mr. Stephen F. Dunn, by Mr. Edward C. HcCobb, of Grand Rapids,
Mich., for the Company.
Mr. Gail Cederquist, of Detroit, Mich., and Messrs. Edward L.'
Mercker and Homer Provonche, of Grand Rapids, Mich., for the
Union.
Miss Katharine Loomis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma-
chinists, Lodge 475, A. F. L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of certain employees of National Brass Company, Grand Rapids,
Michigan, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Sylvester J. Pheney, Trial Examiner. The hearing was held at Grand
Rapids, Michigan, on August 2, 1945. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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 OO FACT
1. THE BUSINESS OF THE COMPANY
National Brass Company, a Michigan corporation having its office
and plant at Grand Rapids, Michigan, is engaged in the manufacture
of dexter tubular locks and latches, and cabinet hardware. During
64 N. L. It. B., No. 185. 1105 °
670417-40-vol 64-71
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1944, approximately 95 percent of the raw materials, principally
brass, used in the manufacture of the Company's products was pur-
chased outside the State of Michigan, and shipped to the Company's
plant from points outside that State. During the same period, ap-
proximately 77 percent of the Company's finished products was sold
and shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge 475, affiliated with
the American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been 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.'
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 Union seeks a craft unit comprised of the employees of the
Company's toolroom department and the tool crib attendant. The
Company takes the position that because working conditions of all
employees are the same and because the work of all departments is
closely related, only a plant-wide unit is appropriate for its employees.
In addition, it opposes the inclusion of the tool crib attendant should
the Board find a unit of toolroom employees appropriate.
The toolroom department, although located in the center of the
plant, is physically separated from other departments by walls on two
sides, repair benches on the third side, and the tool crib department
and three air compressors on the' fourth side. Employees working in
the toolroom include tool makers, an apprentice tool maker, machin-
ists, a lathe operator, and a tool grinder, all of whom are engaged in the
1 The Field Examiner reported that the Union submitted 10 application -for-membership
cards , all of which bore apparently genuine original signatures ; and that the names of all'
persons appearing on the cards were listed on the Company ' s pay roll of June 2, 1945,
whioch contained the names of 14 employees in the appropriate unit.
NATIONAL BRASS COMPANY 1107
making and repair of tools and dies, jigs, fixtures, and gauges. These
employees seldom work outside their department and then only when
called upon to repair machinery that is too large to be brought into
the toolroom. They are supervised by one foreman and comprise a
skilled group performing specialized functions.
There is no history of collective bargaining in the Company's plant.
While the record indicates that there is some degree of integration
among all departments and that the Company has generally adopted
a common labor policy toward all its employees, we are of the opinion
that the workers in the toolroom form a skilled, clearly identifiable,
and homogeneous group which may constitute an appropriate Unit .2
The only question that remains for consideration is whether the tool
crib attendant should be included in the unit. The principal duty
of this employee is to supply employees in both the toolroom and the
production departments with the tools required in their work 3 Al-
though he is supervised by the same foreman as employees of the tool-
room department 4 and his duties require a knowledge of the tools used
by them, he does not comprise part of that department.5 Furthermore,
his work does not demand the degree of skill required of toolroom
employees and is of a different nature. We agree with the Company
that the tool crib attendant should be excluded from the unit .a
We find that all employees of the Company's toolroom depart-
ment, excluding the tool crib attendant, the foreman, and all other
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
Election herein; subject to the limitations and additions set forth in
the Direction.
2 See Matter of Federal Cartridge Corporation , 48 N. L. R. B. 92 ; Matter of Western
Electric Company, Incorporated, 61 N. L. R. B. 974.
1 A former tool crib attendant testified that he spent approximately half his time
supplying tools to toolroom workers and the other half supplying tools to production
employees.
4 The record indicates that this foreman supervises only the toolroom employees and,
the tool crib attendant.
6 The tool crib attendant is the sole employee of the tool crib department , a separate
department.
6 See Matter of Argus Manufacturing Company, 63 N. L. R. B. 1159.
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations 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 collective bargaining with National Brass
Company, Grand Rapids, Michigan, 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 supervision
of the Regional Director for the Seventh Region, acting in this mnat-
ter 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 preced-
ing the date of this Direction, including employees who did not work
during the 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 International Association of Machinists, Lodge 475,
A. F. L., for the purposes of collective bargaining.