The American Brass Co.

National Labor Relations Board - Board Decisions

Apr 21, 1938

6 N.L.R.B. 723 (N.L.R.B. 1938)

In the Matter of THE AMERICAN BRASS COMPANY and THE WATER-
Bulty BRASS WORKERS' UNION
Case No. R-392.-Decided April 21, 1938
Metal Products Alanufactur rng Industry-Investigation of Representatives:
request for withdrawal of petition for, denied ; controversy concerning repre-
sentation of employees: controversy concerning appropriate unit; refusal by
employer to recognize petitioning union as exclusive representative for one of
five branches; rival organizations-Unit Appropriate for Collective Bargaining:
production and maintenance employees, excluding employees of one branch,
supervisory employees, clerical and office workers, watchmen, and other salaried
employees, community of interest ; central management of labor and personnel
policies by employer ; desires of employees ; organization of business ; similarity
of wage scales, hours , and working conditions-Representatsves : eligibility to
participate in choice : employees laid off prior to election to participate in-
Election Ordered: name of petitioning union to be omitted from ballot unless
said union informs Board within 5 days that it desires its name thereon.
Mr. Charles H. Graham, for the Board.
Carmody c Thorns, by Mr. William J. Larkin, Jr., of Waterbury,
Conn., and Mr. TV. H. Hoover, of New York City, for the Company.
Mr. John J. Driscoll, of Waterbury, Conn., and Mr. Jess Gonzalez,
of Denver, Colo., for the W. B. W. U.
Mr. T. E. Conway, of Waterbury, Conn., for the Association.
Mr. Harry E. Selek7nan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 15, 1937, Waterbury Brass Workers' Union, Local
No. 251, herein called the W. B. W. U., filed with the Regional
Director for the Second Region (New York City) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The American Brass Company, Waterbury,
Connecticut, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 11, 1937,., the National Labor Relations Board, herein
723
724 NATIONAL LABOR RELATIONS BOARD
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On October 30, 1937 , the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company , upon the
W. B. W. U., and upon the Metal Workers Association of Waterbury,
herein called the Association , a labor organization claiming to repre-
sent employees directly affected by the investigation . Pursuant to
the notice , a hearing was held on November 8 , 1937, at Waterbury,
Connecticut , before Harold R. Korey , the Trial Examiner duly
designated by the Board. The Board , the Company , and the Associa-
tion were represented by counsel , the W. B. W. U., by its recording
secretary . All participated in the hearing . Full opportunity to be
heard, to examine and to cross -examine witnesses , and to introduce
evidence bearing on the issues was afforded all parties . During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence . The Board
has reviewed the rulings of the Trial Examiner and finds no prej-
udicial errors were committed . The- rulings are hereby affirmed.
On January 5, 1938, the W. B. W. U. filed with the Regional
Director a motion to withdraw its petition , alleging that a large
number of employees had been laid off and that an election held at
this time at the Company would not include a representative number
of employees . On January 6, 1938, the Association filed with the
Board at Washington, D. C., a brief objecting to the allowance of
the motion , stating that the Association claimed a majority of the
employees of the Company and that if the petition was withdrawn
the Association would file a petition for investigation and certifica-
tion on behalf of its own members. An investigation of the allega-
tions contained in the motion of the W. B. W. U. showed that 360,
of a total of 2,942 production and maintenance employees were
dropped from the pay roll of the Company during the period between
September 12, 1937,. and January 1 , 1938. The Board, on January
29, 1938, denied the motion of the W. B. W. U. to withdraw its peti-
tion. Oral argument before the Board was heard on February 4,.
1938.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The American Brass Company, a Connecticut corporation with its
principal office at Waterbury, Connecticut, is one of the, largest
DECISIONS AND ORDERS 725
manufacturers of brass and copper products in the United States.
It is a subsidiary of the Anaconda Copper Company and has six
plants, three in Connecticut, one in New York, one in Michigan, and
one in Wisconsin.
The plant at Waterbury, Connecticut, the one involved in this peti-
tion, is composed of five branches : the Waterbury branch, the Brass
Goods branch, the Metal Hose branch, the French branch, and the
general machine shop. The Waterbury branch, which is divided into
the North and South plants, consists of a casting shop, two rolling
mills, a wire mill, two tube mills, a maintenance and service depart-
ment, and a shipping department. The two plants, approximately a
half mile apart, cast, roll, and fabricate brass and copper ingots, rods,
wires, and sheets. Some of the products of the Waterbury branch
are sold directly to consumers; the rest are sent to the other branches
for fabrication before final distribution to purchasers. The Company
employs 2,092 workers at the Waterbury branch, of whom 1,863 are
production and maintenance employees.
The Brass Goods branch is adjacent to and located in the same
yard as the North plant of the Waterbury branch. The same gates,
roads, and transportation facilities are- shared by the employees of
the various shops in the yard. This branch fabricates articles from the
rods and sheets produced in the Waterbury branch. The Company
employs 665 workers at the Brass Goods branch, of whom. 559 are
production and maintenance employees.
The Metal Hose branch is contiguous to and located on the same
premises as the South plant of the Waterbury branch. Here also the
same gates and roads are used by the employees of the two branches.
The Metal Hose branch fabricates brass and copper products from
materials manufactured in the Waterbury branch. The Company has
199 workers at the Metal Hose branch, of whom 148 are production
and maintenance employees.
The French branch is a half mile from the North plant and fabri-
cates small tubing from the tubes received from the Waterbury
branch. The Company employs 362 employees at the French
Branch, of whom 317 are production and maintenance workers.
The general machine shop division is across the street from the
North plant of the Waterbury branch. Men from the machine shop,
are assigned to construct and repair machinery in all the branches.
The Company employs 68 workers at the general machine shop, of
whom 55 are production workers.
The raw materials used in the five branches are copper, zinc, lead,
tin, aluminum, barillium, and nickel. It was stipulated that more than
51 per cent of the raw materials used for processing and fabrication
are purchased outside the State of Connecticut and that more than
51 per cent of the finished products are shipped outside Connecticut.
l
726 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Waterbury Brass Workers' Union, Local No. 251, is a labor organi-
zation, chartered by the International Union of Metal, Mine, and
Smelter Workers, affiliated with the Committee for Industrial Organi-
zation, admitting to its membership production and maintenance
employees of all five branches of the Company, excluding supervisory
employees, watchmen, office and clerical workers, and other salaried
employees.
Metal Workers Association of Waterbury is an unaffiliated labor
organization. It admits to its membership production and main-
tenance employees of the five branches of the Company, excluding
supervisory and clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
The W. B. W. U. began to organize the employees of the Company
in August 1936, and received its charter on September 12, 1936. On
several occasions the officials of the W. B. W. U. requested that the
Company agree to an election to be held in the North plant rolling mill
of the Waterbury branch, but each time the Company refused to con-
sent to such an election. In May 1937, the Association was formed
and in August asked that it be recognized as the exclusive bargaining
agent for employees of all five branches of the Company. Although
the Company states that it is willing to bargain with both organiza-
tions for their respective members, it has refused to grant exclusive
recognition to either union.
We find that a question has arisen concerning representation of
employees of the Company. ,
IV. THE APPROPRIATE UNIT
The W. B. W. U. in its petition as amended at the hearing con-
tends that the appropriate unit should consist of the production and
1aintenance employees of the Waterbury branch, excluding super-
-visory employees, clerical and office workers, watchmen, and other
salaried employees. In support of its contention the W. B. W. U.
states that the basic production work, consisting largely of heavy
manual labor, is performed in the Waterbury branch, whereas the
other branches, which fabricate brass and copper products , use ma-
chinery more extensively to turn out smaller and finer articles. The
W. B. W. U. also states that the International Union of Mine, Mill,
and Smelter Workers has bargained separately for various branches
.of the Chase Brass Se Copper Company and of the Scoville Manufac-
turing Company.
DECISIONS AND ORDERS 727
The Association contends that the appropriate unit should consist
of the production and maintenance employees of the Company, ex-
cluding the employees of the French branch , supervisory employees,
clerical and office workers , watchmen, and other salaried employees.
The Association seeks to exclude the employees of the French branch
for the reason that the employees in this branch have refused to join
either the W. B. W. U. or the Association although both organizations
have attempted to obtain as members employees of this branch.
The Company claims that the employees in the French branch
should not be deprived of the right to participate in the election and
that because of its unified management policy collective bargaining
would be facilitated if the production and maintenance employees of
the five branches are included in the appropriate unit. '
The evidence shows that there is a continuous process of produc-
tion and fabrication in the various branches . The raw materials and
scrap are delivered by the metal storage and scrap department of
the Waterbury branch to the casting shop, which melts the ingredients
and disposes of it in the form of slabs and bars to the sheet metal
department . This department processes the slabs and bars into fin-
ished sheets , coils, strips and plates ; the bolts produced here are sent
to the wire mill department , where they are fabricated into finished
rods and wires ; the billets and coiled sheets are sent to the tube
departments , where they are manufactured into forms of seamless
tubing. All the above operations take place in the Waterbury branch.
The tubing and sheet metal also go to the Metal Hose branch for
fabricating into metal hose . The French branch receives some of
the tubing, and the Brass Goods branch receives the sheet metal
produced in the Waterbury branch.
The Company stated that its policy with reference to management,
working conditions, and wage rates was to treat the entire plant as a
single unit . The maintenance and service department is centralized
in the Waterbury branch and serves all but the French branch, al-
though the service is available to it. The central boilerhouse at the
North plant serves the Brass Goods branch , the North plant of the
Waterbury branch , and the general machine shop . The boilerhouse
at the South plant provides steam for the South plant of the Water-
bury branch and the Metal Hose branch. One central freight loading
platform, which is located in the yard of the North plant, is used by
all the branches . The watchmen service takes care of all branches
except the French branch . The recreation building is for the use of
all the employees of the Company. The employment office for the
hiring of all employees is located at the South plant, and all hiring
is done through the employment department under a single supervisor.
The Company maintains a uniform wage schedule for employees in
all the branches , and any change in the classification is applied simul-
80618-38-voL vt--47
728 NATIONAL LABOR RELATIONS BOARD
taneously in all the branches . There is likewise a uniformity in hours
of work and other working conditions throughout the plant.
It is clear from the foregoing that all five branches are geo-
graphically close to one another ; that there is a uniformity in the
wage scale , hours of work, and the other conditions of employment;
and that there exists a large amount of interrelationship and inter-
dependence among the five branches . These considerations indicate
the appropriateness of a unit composed of employees at all five
branches rather than a unit composed of employees of the Waterbury
branch, as claimed by the W . B. W. U., or a unit composed of em-
ployees of four branches , as desired by the Association . There are,
however, a number of additional considerations relative to the em-
ployees in the French branch. The evidence shows that this branch
was separately owned and operated until 1928 at which time it was
purchased by the Company. The French branch is about a half
mile from the North plant of the Waterbury branch, and maintains
its own watchmen and maintenance and service departments. Both
the W . B. W. U. and the Association have attempted to obtain mem-
bers among the employees of the French branch but such efforts have
been unsuccessful . Accordingly, both labor organizations desire a
bargaining unit which excludes such employees. Under the circum-
stances, we conclude that the employees of the French branch should
not be included in the bargaining unit with the employees of the
other branches .' It is not necessary to decide at this time whether
the employees of this branch could function as a separate bargaining
unit or as a part of the bargaining unit herein found appropriate
if at some time in the future the employees of the French branch
indicate that they desire to be so represented . We conclude that
the unit proposed by the Association and on the basis of which it
seeks an election is appropriate for the purposes of collective
bargaining.
We find that the production and maintenance employees of the
Company, excluding the employees of the French branch, super-
visory employees , clerical and office workers , watchmen, and other
salaried employees , constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company introduced in evidence a pay roll for the week end-
ing September 18, 1937, which showed a total of approximately 2,625
employees of the Company within the unit which we have found to
I Sae Matter of United Slopgards , Inc. and Locals No 12, No. 13, No 15 of the Industrial
Union of Marine and Shipbuilding Workers of America, 5 N. L R B. 742.
DECISIONS AND ORDERS 729'
be appropriate. No evidence of membership was submitted by the
W. B. W. U. at the hearing, but subsequently it filed with the Board
a membership list of 232 names. The Association testified that it had
approximately 1,300 employees as members, and subsequent to the
hearing it likewise submitted a membership list with about 1,050
names. A comparison of the list submitted by the Association with
the pay roll of September 18, 1937, shows that the names of ap-
proximately 900 employees within the unit appear both on the list
and on the pay roll. We find under these circumstances that the
question which has arisen concerning the representation of employees
of the Company can best be resolved by the holding of an election
by secret ballot. In the motion to withdraw its petition the W. B.
W. U. alleged that a considerable number of employees had been
laid off subsequent to the filing of the petition. We are of the
opinion that employees laid off as distinguished from those who
have quit or been discharged for cause or eligible to vote. We
shall, therefore, direct an election among the production and main-
tenance employees of the Company employed by the Company dur-
ing the pay-roll period ending September 18, 1937, including those
laid off since that time, but excluding the employees of the French
branch, supervisory employees, clerical and office workers, watch-
men, other salaried employees, and those employees who have since
quit or been discharged for cause.
Since the evidence introduced by the W. B. W. U. shows that out
of a total of approximately 2,625 production and maintenance em-
ployees within the appropriate unit, it has only 232 members, most
of whom are found in the Waterbury branch of the Company, and
that it claimed to represent a majority of the production and main-
tenance employees only in the Waterbury branch, it is not clear
whether the W. B. W. U. desires its name on the ballot in an elec-
tion to be conducted on the basis of the unit which we have found
to be appropriate. We shall, therefore, omit its name from the
ballot. However, if within five days after the issuance of the Direc-
tion of Election, the W. B. W. U. informs the Board that it wants
its name on the ballot, the Direction of Election will be amended to
allow the employees within the appropriate unit to determine
whether they desire to be represented by Waterbury Brass Workers'
Union, Local No. 251, or by Metal Workers' Association of Water-
bury, for the purpose of collective bargaining, or by neither.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The American Brass Company, Waterbury,
730 NATIONAL LABOR RELATIONS BOARD
Connecticut, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding employees of the French branch, supervisory employees,
clerical and office workers, watchmen, and other salaried employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (b) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with The Amer-
ican Brass Company, Waterbury, Connecticut, an election by secret
ballot shall be conducted within twenty (20) days from the date of
this Direction, 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, Sec-
tion 9, of said Rules and Regulations-Series 1, as amended, among
the production and maintenance employees of the Company, who
were employed by the Company during the pay-roll period ending on
September 18, 1937, including those who have since been laid off, but
excluding the employees of the French branch, supervisory employ-
ees, clerical and office workers, watchmen, other salaried employees,
and those who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Metal Workers
Association of Waterbury, for the purposes of collective bargaining.