The American Brass Co.

National Labor Relations Board - Board Decisions

Nov 6, 1944

59 N.L.R.B. 95 (N.L.R.B. 1944)

In the Matter of THE AMERIOAN BRASS COMPANY AND THE KENOSHA
BRASS COMPANY and INTERNATIONAL UNION OF MINE, MILL &
SMELTER WORKERS, C. I. O.
Case No. 13-R-2410
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 6, 1944
Pursuant to the Direction of Election issued by the National Labor
Relations Board on June 23, 1944, in the above-entitled case,' an
election by secret ballot was conducted on July 14, 1944, under the
direction and supervision of the Regional Director for the Thirteenth
Region (Chicago, Illinois). Upon the conclusion of the election, a
Tally of Ballots was furnished the parties in accordance with the
Rules and Regulations of the Board.
The Tally showed that, of the approximately 2,118 eligible voters,
6 cast void ballots and 1,803 cast valid ballots, of which 1,161 were
for Brass and Copper Workers Federal Labor Union #19322,
A. F. L., 597 were for International Union of Mine, Mill & Smelter
Workers, C. I. 0., 4 were for neither, and 41 were challenged; that a
majority of the 1,803 valid votes and challenged ballots had been cast
for Brass and Copper Workers Federal Labor Union #19322, A. F. L.;
and that the challenged ballots were not sufficient in number to affect
the results of the elections.
On August 17, 1944, the Board having duly considered a Motion to
Clarify Bargaining Unit filed by the Companies and a letter from
the Brass and Copper Workers Federal Labor Union #19322, A. F. L.,
herein called the AFL, requesting that the Companies' motion be
denied, issued its order granting the motion, and provided for an ap-
propriate hearing upon due notice before Robert T. Drake, Trial
Examiner. Said hearing was held at Kenosha, Wisconsin, on Septem-
ber 29,1944. The Companies and the AFL appeared and participated.
All parties were afforded full opportunity to be heard, to examine and
156N.L R B 1611.
59 N. L R. B, No. 24.
618683-45-vol 59-8 95
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the follo\ving :
SUPPLEMENTAL FINDINGS OF FACT
It appears that the Companies would exclude and the AFL include
the hourly paid employees, classified by the Companies at the hearing
as "section foremen," whose names were listed in Appendices A, B,
and C, infra .2 A Company witness testified to the effect that these
employees as a class possess and exercise the authority to recommend
the hiring and discharging of -men whose work they supervise. The
AFL concedes the veracity of this testimony with respect to the em-
ployees listed in Appendix A, infra. Since it is therefore clear that
the position held by these employees entails the performance of duties
which are supervisory within the Board's usual definition, we shall
exclude from the unit the employees listed in Appendix A, infra.3
The 5 employees whose names are listed in Appendix B, infra, direct
the activities of from approximately 11 to 20 men. Lemke, Neises,
and Shear testified to the effect that they have exercised supervisory
,authority as part of their duties. Sevey holds a position entailing
duties similar to the job held by Lemke. Salmon directs the work of
16 men on the third shift. It appears that his work differs from that
of the foremen on the first and second shifts only in that he spends
part of his time performing the same work performed by the men he
directs. The foremen on the first and second shifts, C. DeCesaro and
B. DeLuca, whose names are listed in Appendix A, infra, are excluded
on the ground that they possess and exercise supervisory authority.
We find, therefore, that the employees listed in Appendix B, supra,
are supervisory employees, and, as such, we shall exclude them from
the unit.
A. Schuppenhaur, J. Murray, and G. Ripley, whose names appear in
Appendix C, infra, all testified that they spend part of their time
directing the work-of other employees and part of their time assisting
in the performance of the duties of those employees; that they have
2 Apparently, the AFL contends that these employees should be included on the ground
that they are hourly paid, have been members of the AFL , and have been bargained for in
the past by the AFL On the other hand, it appears that the Companies would exclude
them on the basis of its classification of their positions we are unable to agree with
either of these contentions and shall make our determination of the issue on the basis of
evidence demonstrating whether or not these 'employees possess and exercise supervisory
authority within the meaning of our usual definition. - '
3 It also appears that these employees spend all of their time directing the work of the
men under their jurisdiction , and that they perform no work such as that performed by the
fnen they direct.
THE AMERICAN BRASS COMPANY 97
never been in ?ormed by the Companies that they possess authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action; and that
the performance of their duties had never necessitated the exercise of
such authority. This specific and credible testimony counteracts the
effect of the testimony of the Company's witness who averred as a
generality that "section foremen" possess supervisory authority. Ac-
cordingly, we find that these employees are not supervisory within the
Board's usual definition, and shall include them in the unit.
We find that the employees whose names are listed on Appendices
A and B, infra, are excluded from the bargaining unit; and that the
employees whose names are listed on Appendix C, infra, are included
in the bargaining unit.
On July 5, 1944, the Companies, the AFL, and International Union
of Mine, Mill & Smelter Workers, C. I. 0., filed a Joint Motion to
Clarify Unit wherein the parties requested the Board to clarify its
unit finding contained in its Decision and Direction of Election herein
by substituting for "members of the machinists craft," the following:
"employees in the unit now bargained for by the International As-
sociation of Machinists, Local No. 34, including hot press die makers,
tool and die makers, journeymen machinists and welders, specialists,
machinists and welders, machinists' helpers (trainees), and appren-
-tices (trainees)." The motion is hereby granted, and the certification
of the AFL as exclusive bargaining representative will be made in
:accordance with said motion.
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS =FRY CERTIFIED that Brass and Copper Workers Federal
Union Local #19322, affiliated with the American Federation of Labor,
has been designated and selected by a majority of all hourly paid em-
1ployees of The American Brass Company and The Kenosha Brass Com-
pany at their plants in Kenosha, Wisconsin, including all iveighers, all
clerks employed in the department offices, and the employees listed in
Appendix C, infra, but excluding watchmen, guards, salaried em-
ployees, employees in the unit now bargained for by the International
Association of Machinists, Local No. 34, affiliated with the American
Federation of-Labor (including hot press die makers, tool and die
makers, journeymen machinists and welders, specialists, machinists
,and welders,machinists' helpers (trainees), and apprentices (trainees),
98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
main office employees , foremen, assistant foremen, employees listed
in Appendices A and B, infra, and all supervisory employees with
authority - to hire, promote , discharge, discipline , or otherwise effect
.changes in the status of employees or effectively recommend such ac-
tion, and that , pursuant to Section 9 (a) of the A t, the said organiza-
tion designated and selected as stated above is the exclusive representa-
tive of all such employees for- the purposes of collective bargaining
with respect to rates of pay, wages , hours of employment , and other
conditions of employment.
APPENDIX A
G. Coolidge H. Englund R. St roebe
R. Flinn R. Dainko W. Murphy
G. Peterson H. Tocklin H. Douglas
N. Ebert G. Kelly A. Peterson
A. Trempt M. Rhey P. Heller
C. DeCasaro M. Culick A. Dixon
B. DeLuca P. Fairfield J. Kauzlavich
V. Polacheck A. Monroe E. Lehman
J. Beine W. Nelson C. Mitchell
R. Hughes 0. Jasperson P. Kavaliauskis
APPENDIX B
F. Salmon D. Shear R. Sevey
F. Lemke R. Neises
APPENDIX C
A. Schuppenhaur G. Ripley J. Murray