Scovill Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 25, 1942

42 N.L.R.B. 892 (N.L.R.B. 1942)

In the Matter Of SCOVILL MANUFACTURING COMPANY and INTERNA-
TIONAL UNION OF MINE, MILL AND SMELTER WORKERS, C. I O.
In the Matter of SCOVILL MANUFACTURING COMPANY and METAL
POLISHERS, BUFFERS, PLATERS & HELPERS INTERNATIONAL UNION,
LOCAL #35, A. F. OF L.
In the Matter of SCOVILL MFG Co (WATERVILLE DIV) and INTERNA-
TIONAL ASSN OF MACHINISTS, LODGE 1335
Cases Nos R-4021, R-4022, and R-4023, ,respectively -Decided
July 05, 1942
Jurisdiction : brass mill products manufacturing and fabricating industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition, labor oiganization not desiring to par-
ticipate in election in one of plants, among the employees of which it lacked
substantial representation, excluded from ballot in election directed in that
plant, elections necessary
Unit Appropriate for Collective Bargaining : separate elections directed among
employees of two plants of Company to ascertain desires of employees, where
parties stipulated that plants constituted separate appropriate units, but
that Board might find them to constitute a single appropriate unit in the event
industrial union won elections in both plants
Mr Frederick Livingston, for the Board
Mr. Francis T. Reeves, of Waterbury, Conn, for the Company
Mr Nathan Witt, of New York City, for the Smelter Workers.
Mr Jerome Y. Sturm, of New York City, for the Machinists
Mr. Charles W Schneider, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by International Union of Mine; Mill,
and Smelter Workers, C I O , herein called the Smelter Workers;
Metal Polishers, Buffers, Platers & Helpers International Union,
Local #35, A F. of L, herein called the Metal Polishers; and Inter-
42 N L R B, No 171
892
SCOVILL. MANUFACTURING COMPANY 893
national Association of Machinists, Lodge 1335, herein called the
Machinists, alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Scovill Manufacturing
Company, Waterbury and Waterville, Connecticut, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Charles E Persons, Tiial
Examiner Said hearing was held at Waterbury, Connecticut, on
July 7, 1942 The Board, the Company, the Smelter Workers, and the
Machinists appeared and participated.' All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examin-
er'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
Scovill Manufacturing Company is a Connecticut corporation en-
gaged' in the manufacture of brass mill products and brass and sheet
tube rod and wire forms, and the fabi ication of i elated products The
Company's principal office is located in Waterbury, Connecticut It
operates factories in the States of Connecticut, Wisconsin, Michigan,
and New York, and also in Canada and England The Company
maintains warehouses and branch-offices in various cities throughout
the. United States
The present proceedings involve two plants located at Waterbury
and Waterville, Connecticut The principal raw materials used at the
Waterbury and Waterville plants are copper, zinc, lead, tin, nickel,
aluminum, and steel During the period from December 1, 1941,
through June 1, 1942, the Company purchased 66,500,000 pounds, of 96
percent of such raw materials from sources outside the State of Con-
necticut, for use at the Waterbury and Waterville plants During the
same period the Company sold from the Waterbury and Waterville
plants, finished products valued at $30,800,000, 93 percent of which
was shipped to destinations outside the State of Connecticut The
Company concedes that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
1 The Metal Polishers , and Scovill Mechanics Union, Inc, although served with due notice,
did not appear at the hearing
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II THE ORGANIZATIONS INVOLVED
Inteinational Unlon'of Mine, Mill and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company
International Association of Machinists, Lodge 1335, is a labor oi-
ganization affiliated with the Ameiican Fedeiation of Labor, ad-
mitting to membership employees of the Company
III THE QUESTIONS CONCERNING REPRESENTATION
On April 18, 1942, the Smelter Wrorkeis requested recognition as
exclusive baigainmg repiesentative of the employees of theWaterbuiy
and 11Tatelville plants On or about April 23, 1942, the Company
declined to accoid the Smelter Workers such recognition
A n epoi t of the Regional Director, introduced into evidence at the
hearing, indicates that each of the labor oigannzations involved lepre-
sents a substantial number of employees within the unit which it
alleges to be appropriate 2
We find that questions affecting commerce have arisen concerning
the iepiesentation 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 DETERMINATION OF REPRESENTATIVES
The parties stipulated that the Company's employees at its Water-
buiy and Waterville plants in the working groups defined below consti-
tute two separate units appropriate for the puiposes of collective bar-
gaining, but that in the event the Smeltei,Workeis should win elections
2 The Smelter Workers submitted to the Regional Director 3,341 authorization-applica-
tion cards dated as follouus 1 during 1936, 38 during 1938, 232 during 1939, 110 during
1940, 1,641 during 1941, 1,032 duung 1912, and 287 undated Of the 3,341 cards, 3,140
bore apparently genuine original »gnatuies, 1,984 of the signatures nere the names of
persons on the Company's May 10, 1942, pay roll in the unit requested by the Smelter
worker s Of these signatures, 1;576 were names appearing on the Waterbury plant pay roll
listing 6,941 employees within the Smelter Workers unit, 108 appeared on the Waterville
plant pay loll, listing 457 such employees
The Machim'ts submitted to the Regional Director 33 bargaining-authorization cards
dated duung May 1942 IS applications for membership, an undated petition containing 60
signatures authorising the Machinists to represent the signatories for collective bargaining
purposes, and the membership roster and dues records of the Metal Polishers containing 70
names The application cards were dated as tollows 4 duung 1933, 1 during 1934, 2 during
1936, 4 during 1937, and 7 undated All the signatures appealed to be genuine-originals,
96 of the said signatures and 25 of the names ippenrng on the membership roster and dues
iecoids were the n ames of persons on the Watersille, May 10, 1942, pay loll in the unit
requested by the Machinists Ten of the signatures appear on the May 10 pay roll at the
Waterbury plant The record indicates that the Metal Polishers has waived to the
Machinists its jurisdiction ok ei employees in the A\ aterville plant
Although the Metal Polishers did not appear, it submitted to the Regional Director its
membership iostei and dues record containing 70 names, 12 of the navies on the roster
and dues record are the names of metal polishers, buffets, platers, helpeis and assistants,
on the Waterbury plants May 10 pay roll listing 98 such employees - This is the unit
alleged in the Metal Polishers' petition to be appropriate
SCOVILL MANUFACTURING COMPANY 895
in both plants the Board may find that the two plants constitute a
single appropriate unit
We find that the employees at the Waterbury and Waterville plants
could function elthei as separate bargaining units or as a single bar-
gaining unit We shall, therefore, make no final determination of
the unit at this time but shall direct that the questions concerning
representation which have arisen be resolved by separate elections by
secret ballot among the employees in the respective plants who were
employed during the pay-roll period immediately preceding thefldate
of the Direction of Elections herein, subject to the limitations and
additions set for th in the Dii ection In accordance with' stipulations
of the parties, the respective voting groups shall be as follows: (1)
all hourly paid and piece-work production and maintenance employees
at the Waterbury plant, including truck drivers and truck mechanics,
laboratory assistants in the development, finishing, plating, and lac-
quer departments, but excluding office and clerical employees, time-
keepers, watchmen; executives, foremen, assistant foremen, forel'adies,
and all others in supervisory capacities, all employees in the advanced
training course, general training course, hospital, administrative re-
seai ch, chemists and test department, checkers and clerks in the ti af-
fic office department, woiking supervisors, draftsmen and tracers, to
determine whether or not they desire to be represented by the Smelter
Workers,3 and (2) among all hourly paid and piece-work production
and maintenance employees at the Waterville plant, including truck
di ivers and truck mechanics. and supervisory instructors,4 but exclud-
ing office and clerical employees, timekeepers, watchmen, executives,
foremen, assistant foremen, foreladres, and all others in supervisory
capacities, and Charles Campi, a clerical employee, to determine
whethet they desire to be represented by the Smelter Workers, by the
Machinists, of by neither Upon the results of these elections will
depend in part the appropriate unit or units -If a majority in each
plant chooses the Smelter Workers the two plants together will con-
stitute one appropriate unit If the plants select different bargaining
representatives they shall constitute separate appropriate units
Since the Metal Polishers did not appear at the hearing its petition
will be dismissed
3 The M ichinists apparently do not desire to participate in the election to be held among
the Wateibuiv employees Their shoeing of representation at that plant is less than 1
percent We accordingly omit then name fi om the ballot
4 These instructors 'ire olde mechanics who instruct the new and less experienced men
They have no disciplinary authority
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as pact of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Scovill Manufac-
turing Company, Waterbury and Waterville, Connecticut, elections
by secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of'this Direction of Elections,
under. the direction and supervision 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, Section 9, of said Rules
and Regulations Among
1 All hourly paid and piece ;work production and maintenance
employees at the Waterbury, Connecticut, plant of the Company, who
were employed during the pay-io11 period immediately preceding the
date of this Direction of Elections, including truck drivers and truck
mechanics, laboratory assistants in the development, finishing, plat-
ing, and lacquer departments, and any such employees who did not
work during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding office and clerical employees, time-
keepers, watchmen, executives, foremen, assistant foremen, foreladies,
and all others in supervisory capacities, all employees in the advanced
training course, general training course, hospital, administrative re-
search, chemists and test department, checkers and clerks in the traf-
fic office department, working supervisors, draftsmen and tracers, and
any who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by International Union
of Mine, Mill and Smelter Workers, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
2 Among all hourly paid and piece-work production and mainte-
nance employees of the Waterville, Connecticut, plant of the Com-
pany, who were employed during the pay-roll period immediately
preceding the date of this Direction of Electrons, including truck-,
drivers and truck mechanics, supervisory instructors, and any such
employees who did not work during said pay-roll period because they
were ill or on vacation or in the active military service or training
SCOVZLL MANUFACT'UR'ING COMPANY 897
of the United States, or temporarily laid off, but excluding office and
clerical employees, timekeepers, watchmen, executives, foremen, assist-
ant foremen, foreladies, and all otheis in supervisory capacities,
Charles Campi, a clerical employee, and any who have since quit or
been discharged for cause, to determine whether they desire to be
represented by International Union of Mine, Mill and Smelter Work-
ers, affiliated with the Congiess of Industrial Organizations, or by
International Association of Machinists, Lodge 1335, affiliated with
the American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
ORDER
Upon the basis of the foregoing findings of fact and 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 Scovill Manufacturing Company, Waterbury, Con-
necticut, filed by Metal Polishers, Buffers, Platers & Helpers Inter-
national Union, Local #35, A. F. of L, be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision, Direction of Elections and Order.
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