Sandy Hill Iron & Brass Works

National Labor Relations Board - Board Decisions

Oct 12, 1944

58 N.L.R.B. 949 (N.L.R.B. 1944)

In the Matter of SANDY HILL IRON & BRASS WORKS and UNITED
STEELWORKERS OF AMERICA-CIO
Case No.. -R-4903.-Decided October 1.2, 1944
Mr. Walter C. Ross, of Springfield, Mass., for the Company.
Mr. David D. Hughes, of Troy, N. Y., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Steelworkers of
America-CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
Sandy Hill Iron & Brass Works, Hudson Falls, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Jack Davis, Trial Ex-
aminer. Said hearing was held at Glens Falls, New York, on Sep-
tember 22, 1944. The Company and the Union appeared,' participated,
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 preju-
dicial 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 OF FACT
1. THE BUSINESS OF THE COMPANY
Sandy Hill Iron & Brass Works, a New York corporation, operates
a plant located at Hudson Falls, New York, where it is engaged in the
manufacture of finished products for the United States Army and
Navy. During the year 1943, it manufactured for the United States
1 Although both International Association of Machinists and International Moulders
and Foundry Workers Union of North America were duly notified of this proceeding, they
did not appear therein.
58 N. L. R. B. No. 180.
949
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Army and Navy,and shipped to points outside the State of New York
finished products valued in excess of $1,000,000. During the year 1944,
a_substantial proportion of the Company's products was shipped to
points outside the State of New York for use by the United States
Army and Navy.
We find that the Company is engaged in commerce within the mean.
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company takes the position that at this time it is inadvisable
to recognize any union as the collective bargaining agent-of its em-
ployees.
A statement of a Field Exainiper for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial' number of, employees in the unit hereinafter found appro-
pri ate.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
The Union seeks a, unit comprised of all production and maintenance
employees of the Company, including shipping and receiving em-
ployees, and stockroom clerks, but excluding pattern makers,3 guards,
office workers, factory clericals,, assistant foremen, foremen, and all
other supervisory employees. The Company is in substantial agree-
ment with the Union as to the propriety-of the foregoing unit. How-
ever, it contends that factory clericals should also be included within
the unit.
The record indicates that the Company employs blueprint clerks,
route-card men, production followers, timekeepers, and part-time
tiniekeepers, all of whom it considers as factory clericals and whom it
desires to have included within the unit. The record indicates that
'The Field Examiner reported that the Union submitted 360 designations which were
not checked against a pay roll of the Companv, since the Company refused to submit one.
The record indicates that, on or about September 15, 1944, the Company employed approx-
imately 475 employees in the appropriate unit.
' The record contains no reference to pattern makers However in its brief , the Union
indicated that it desired their exclusion In its answering brief, the Company raised no
objections to the proposed exclusion
SANDY HILL IRON & BRASS WORKS 951
all of the foregoing classifications of employees are hourly paid and
are on the shop pay roll; that the employees in these classifications
work in the plant and have the same conditions of employment as pro-
duction and maintenance employees; and that they are under the
supervision of the shop foreman. In view of these circrnstances, we
are of the opinion that, with the exception of the timekeepers and
part-time tirnekeepers, these classifications may properly be'ineluded
within the unit.' However, with respect to tirnekeepers and part-
time timekeepers, we have previously stated that:
The duties and interests of . . '. timekeepers .. ., are not
sufficiently akin to those of the production and maintenance work-
ers . . . to warrant the inclusion of timekeepers within the same
unit as such employees.'
Accordingly, we shall exclude timekeepers and part-time tiniekeepers.
In accordance with the foregoing, we find that all production and
maintenance employees of the Company, including shipping and re-
-celving employees, stockroom clerks, blueprint clerks, production fol-
lowers, and route-card mien, but excluding timekeepers, part-time time-
keepers, pattern makers, guards, office workers, assistant foremen, fore-
men, and all other supervisory, employees with authority to hire, pro
mote, 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 mean-
ing of Section 9 (b) of the Act.
V. TUE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The Union con-
tends that eligibility to vote in the election should be determined as of
September 13, 1944, whereas the Company contends that eligibility
should be determined as of the date of the election.
The record indicates that, on September 15, 1944, a majority of the
employees of the Company remained away frown. work. On the days
-following, the Company commenced issuing severance slips as em-
p)oyees returned to work. As of the date of the hearing, about 150
such slips were issued to employees. A vice president of the Company
testified that, due to cancellations or completions of contracts, opera-
tions were being curtailed ; that, in any event, employees would have
to be separated; and that the events of September 15 merely enabled
the Company to issue its severance notices about 2 weeks before they
normally would have been issued. However, this witness also testi-
See Matter of Goodman Manufactunnq Company, 58 N L. R B 531
5See Matter of Genera] ,rtoto's Oorpoaation, Eo< tern A rwaft, Trenton Drvi' on, 51
N L It. B. 1366
952 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
fled that the Company will give preference in filling vacancies which
arise to persons whom it previously employed, and that, in certain
departments, an increase in personnel may be required. It appears
that, between September 15 and 22, the date of the hearing, no new
employees have been engaged and that approximately 12'of'the sep-
arated employees of the Company already have been recalled. From
the foregoing facts and the entire record, it would seem that the sev-
ered employees are merely temporarily laid off, and we so find. Ac-
cordingly, they are eligible to participate in the election hereinafter
directed. In order to obtain a pay roll which reflects the names of all
eligible employees, we shall direct that the employees eligible to vote
in the election shall be those in the appropriate-unit who were em-
ployed during the pay-roll period immediately preceding September
13, 1944, subject to the limitations and additions set forth in the Direc-
tion of Election. - '
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
DrrECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sandy Hill Iron
& Brass Works, Hudsrni Falls, New York, 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 supervi-
sion 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 September 13, 1944, including employees who did not work
during said pay-roll period because they were ill or on vacation or tem-
porarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 represented by
United Steelworkers of America-CIO, for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.