Revere Copper and Brass Inc.

National Labor Relations Board - Board Decisions

Feb 20, 1943

47 N.L.R.B. 817 (N.L.R.B. 1943)

In the Matter of REVERE COPPER AND BRASS INCORPORATED and INTER-
NATIONAL BROTHERHOOD OF FIREMEN , OILERS AND RAILROAD SHOP
LABORERS
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Case No. R-4761.-Decided February 2d, 1943
Jurisdiction : metal alloys manufacturing industry.
Investigation and Certification of Representatives : contract covering industrial
employees at one plant orally extended to cover similar employees at new
plant held no bar under the circumstances.
Unit Appropriate for Collective Bargaining : proposed unit of powerhouse em-
ployees at new plant of a metal alloys manufacturer rejected, when functional
interrelation of new and old plant indicated that an industrial unit limited to
,Dew plant or embracing both plants, or craft unit consisting of powerhouse
employees in both plants, would be appropriate.
Practice and Procedure : petition dismissed.
Messrs. Arthur S. Evans and J. E. Walters, of Rome, N. Y., and
Messrs. J. Gruel and M. J. Callanan, of Baltimore, Md., for the Com-
pany. -
Mr. Joseph A. Wilder, of Baltimore, Md., for the Brotherhood.
Messrs. John W. Reiss, of Rome, N. Y., and John Bermel, of Balti-
more, Md., for the Independent.
Mr. Glenn-L. Moller, of counsel to the Board.,
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by the International Brotherhood of Fire-
men, Oilers' and Railroad Shop Laborers, herein called the Brother-
hood, alleging that a question affecting commerce had arisen concern-
ing representation of employees of Revere Copper and Brass Incor-
porated, Baltimore, Maryland, herein called, the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Earle K. Shawe, Trial Examiner. Said hearing
was held at Baltimore, Maryland, on January 11, 1943. The Company,
the Brotherhood, and Interstate Copper and Brass Workers Union
Local No. 4, herein called the Independent, appeared, participated,
47 N. L. R. B., No. 101. '
513024 I43 vo1.47-52 817
818 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
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. /
Upon the, entire record in the case, the Board makes the' following :
/ FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Revere Copper and Brass Incorporated is a Maryland corporation
engaged in the processing and manufacturing of nickel, brass, and
copper alloys and in connection with its operations maintains and
operates 10 plants, '2 located in Chicago, Illinois, 2 at Rome,
New" York, 1 in Detroit , Michigan; 2 in Massachusetts , and 3 in
Baltimore,' Maryland. One of the Baltimore plants is located at
1301 Wicomico Street, herein called the olds plant, and another, herein,
called the new plant and the one primarily inyrolved in this proceed-,'
'ing, at 1601 Wicomico Street. The Company employs approximately-
400 men at the plant at 1601 Wicomico and at this plant manufactures
cupro-nickel seamless tubing . From July 1, 1942, to December 31,.
1942, the Company purchased raw materials amounting in value to
approximately $571,000, all of, which was purchased and shipped from
points outside the State of Maryland to the plant at 1601 Wicomico
Sheet. During the same period the Company manufactured goods,
of the value of $680,000, all of which was shipped to points outside the
State'of Maryland.
The Company admits that it is engaged in interstate commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of, Firemen, Oilers and Railroad Shop
Laborers, affiliated with the American Federation of Labor, is a labor
organization, -admitting to membership the employees of the Com-
pany's powerhouses.
Interstate Copper and Brass Workers Union Local No. 4 is a labor+
organization, admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Brotherhood contends that powerhouse employees of the Com-
pany at the new plant constitute an appropriate unit. The Company
and the Independent contend that the appropriate unit consists of all
production and maintenance employees at both plants, and therefore
urge that the Brotherhood's petition be dismissed.
r tREVERE COPPER AND -BRASS INCORPORATED 819
The new plant,, which is about a block from the old plant, began
operations in July 1942 . Both plants are under the same manage-
ment and produce similar products . Both plants are under one works
manager and a number of lesser supervisory officials also have juris-:
diction over both plants . Both power plants are under the direction
of one foreman , who divides his time between supervising the two
powerhouses although most of the time he is at the old plant. While
there is some interchange of production employees between the two
plants , powerhouse employees are permanently assigned to each plant.
However, the powerhouse employees at the new plant were originally
employed and trained' at the old plant. Wage scales are the same
in the two powerhouses.
For several years, the Company has had collective bargaining con-
tracts on a single plant industrial basis with respect to a number of
plants. Locals of the Independent have represented production and
maintenance employees, including powerhouse employees, at two New
York plants , the old Baltimore plant, and a third plant in Baltimore
known as the Cailton Street plant . In other plants the Company has
contracts on an industrial basis with unions affiliated with the Amer-
ican Federation of Labor and with the Congress of Industrial
Organizations.
In September 1942, after operations had begun at the new plant, the
Company and the Independent orally agreed to extend the contract
which then covered only the old plant , and which was effective until
December 1942 and thereafter for an indefinite period subject to termi-
nation upon 30 days' notice , to cover employees at the new _ plant. In
November 1942, following the filing of the Brotherhood 's petition, the
Company and the Independent entered into negotiations for a new con-
tract specifically covering employees at both plants as one unit. No
contract had been executed at the time of the hearing . The Independ-
ent had previously requested wage increases and the hiring of additional
men for the new plant powerhouse . These requests were granted by
the Company, although the Brotherhood asserts they resulted from the
efforts of individual employees rather than from the bargaining efforts
of the Independent.
We do not agree with the contention of the Company and the Inde-
pendent that the contract as purportedly extended to cover the new
plant constitutes a bar, since the record does not indicate that the Inde-
pendent then had a majority at the new plant and since the number of
employees at that plant has greatly expanded following the oral exten-
sion. Nevertheless , the record shows that the two plants and the two
powerhouses are to a considerable degree functionally interrelated.
Under all the circumstances , we are of the opinion and find that the
unit sought by the Brotherhood is not appropriate for the purposes of
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820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining, and that either an industrial unit limited to the
new plant or embracing both plants, or a craft unit consisting of
employees in both powerhouses, would be appropriate. Accordingly,
we find that no question has been raised concerning the representation
of employees in an appropriate unit; and we shall therefore dismiss the
petition of the Brotherhood.
ORDER
Upon the basis of the foregoing findings of fact and upon the entire
,record in the,case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives of
employees of Revere Copper and Brass Incorporated, Baltimore, Mary-
land, filed by International Brotherhood of Firemen, Oilers and Rail-
road Shop Laborers be, and it hereby is, dismissed.
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