The American Brass Co.

National Labor Relations Board - Board Decisions

Mar 26, 1946

66 N.L.R.B. 1199 (N.L.R.B. 1946)

In the Matter of THE AMERICAN BRASS COMPANY and ANSONIA BRASS
WORKERS UNION, LOCAL 445, INTERNATIONAL UNION OF MINE, MILL.
& SMELTER WORKERS, C. I. O.
Case No. 1-B-0645.-Decided March 26, 1946
Mr. William J. Larkin, of Waterbury, Conn., for the Company.
Mr. John J. Driscoll, of Waterbury, Conn., for the Union.
Mr. Charles B. Slaughter, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Ansonia Brass Workers Union, Local
445, International Union of Mine, Mill & Smelter Workers, C. I. O.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Amer-
ican Brass Company, Ansonia, Connecticut, herein called the
Company, the National Labor Relations Board provided for au
appropriate hearing upon due notice before Walter Wilbur, Trial
Examiner. The hearing was held at Waterbury, Connecticut, on
November 7, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing the Company moved to dismiss
the petition, alleging, in effect, that the unit is not appropriate by
reason of its contract with the Union covering the Company's pro-
duction and maintenance employees. In the alternative the Company
moved to separate. The Trial Examiner reserved ruling on both
motions for the Board. Thereafter, the Company filed similar mo-
tions with the Board. For the reasons set forth in Sections III and
It', infra, we deny these motions. The Company's request for oral
argument is hereby denied.
Upon the entire record in the case, the Board makes the following :
66 N. L. R. B., No. 146.
1199
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The American Brass Company is a Connecticut Corporation with
a branch at Ansonia, Connecticut, where it is engaged in the manu-
facture of copper and its alloys in sheets, barbed wire, forgings, and
die casting products. During the first 6 months of 1945 the Company
purchased $12,600,000 of raw materials, over 50 percent of which was
shipped to its Ansonia Plant from points outside the State of Con-
necticut. Approximately 85 percent of its products was shipped to
customers outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
Ansonia Brass Workers Union, Local 445, International Union of
Mine, Mill & Smelter Workers, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
The Union has represented the Company's production and mainte-
nance employees since it was certified by the Board following an
election on April 26,1939. The current contract between the Company
and the Union is dated September 30, 1944. During the summer of
1945, the Union began to organize the Company's office clerical and
factory clerical employees. The Company refused to grant recognition
to the Union as exclusive bargaining representative of these employ-
ees. Thereupon, the Union on August 27, 1945, filed a representation
petition seeking a unit of "all the clerical and office employees of the
Company in the Ansonia Branch."
The Company filed a motion to dismiss the petition on the grounds,
inter alia, that in the original 1939 contract and in all subsequent con-
tracts between the Company and the Union covering the production
and maintenance employees, the parties agreed upon the exclusion of
the office and factory clericals. The Company argues from this that
these agreements are tantamount to an undertaking by the Union not
to represent these employees. We do not agree. There is no evidence
that any of the agreements between the Company and the Union con-
tained any provisions whereby the latter specifically bound itself not
THE AMERICAN BIIA^SS COMPANY 1201
to represent the clerical employees. Therefore, we find no merit in
the Company's position and deny the motion to dismiss the petition.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.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; TIIE DETERMIN ATION OF REPRESENTATIVES
The Union requests a separate unit of all office and clerical employ-
ees of the Company at its Ansonia Branch, excluding those employed
in the Personnel Department . The Company contends that such a
unit is not appropriate because it combines salaried office and hourly
paid factory clerical employees, 2 distinct groups with no community
of interest. There are approximately 200 office clerical and 90 fac-
tory clerical employees who are located, for the most part, in different
buildings. The Company has different policies for the 2 groups with
respect to wages, hours, vacation eligibility and allowances and night
shift differentials. It appears also that there is a difference in the
method of hiring the 2 groups in that a majority of the factory
clericals have been upgraded from the production and maintenance
unit, whereas a larger majority of the office clericals were hired
directly by their department heads. The Union would combine these
2 groups in 1 unit for the reason that both office and factory clericals
assertedly have joined the same union under the same organizing
terms. The record shows that, notwithstanding the disparity between
the 2 groups, they do, as a practical matter, have some contact with
each other, and there is a similarity in their duties and functions
which affords them a community of interest.
The Company, subject to its motion to dismiss the petition, urges
the establishment of two separate' units, or, in the alternative, con-
solidation of the factory clericals with the existing production and
maintenance unit. As stated above, the Union desires a single unit.
We cannot altogether agree with either party. It is true that we
customarily include plant clericals in production and maintenance
units in those cases where there is no bargaining history and there is
a dispute as to the treatment of plant clericals .3 On the other hand,
'. See Matter of American Central Manufacturing Corporation , 65 N. L. R B 342; cf.
Matter of Briggs Indiana Corporation, 63 N. L R B. 1270.
2 A Field Examiner reported that the Union submitted 136 application cards, 109 of
which were checked against the Company's pay roll of October 8, 1945; and that 31
cards were dated May 1945 ; 70 cards were dated June 1945; 1 card was dated July
1945, and 7 cards were undated There are approximately 271 employees in the unit
proposed by the Union.
a See Matter of Goodman Manufacturing Company , 58 N L. R B. 531.
686572-46-77
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
where there has been no dispute, we have excluded factory clericals
from production and maintenance units, and likewise, we have ap-
proved all clerical units which included plant clericals with office
workers.4 In this case, there is a long bargaining history in the pro-
duction and maintenance unit, from which "clerical and office
workers" have been excluded as a class. We can see no compelling
reason now to enlarge that unit contrary to the wishes of the Union
which represents it.
The remaining question is whether to set up two separate units,
or a single unit. The facts stated above do not, in our opinion, negate
the feasibility of a single unit. On the other hand, we recognize a
possible divergence of interest between the two groups. In this situa-
tion, we attach particular weight to the desires of the employees them-
selves. We shall, therefore, make no determination of the appropriate
unit pending the outcome of the elections hereinafter directed. We
will provide that office and factory clericals shall have an oppor-
tunity to vote separately for or against the Union. If the Union is
selected by a majority of both groups, we shall accordingly find that
they comprise a single appropriate unit.
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot to be
held among the employees of the Company at its Ansonia Branch
in the following voting groups who were employed during the. pay
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations set forth in the Direction, and
excluding employees in the personnel department, confidential secre-
taries, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action: (a) all office clerical
employees; (b) all factory clerical employees.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The American
Brass Company, Ansonia, Connecticut, separate elections 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
a See Matter of Babcock A6 Wilcox Company, 52 N. L. It. B. 900 ; Matter of Union
Switch and Signal Company, 63 N. L. It. B. 974.
THE AMERICAN BRASS COMPANY 1203
supervision of the Regional Director for the First 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 Regula-
tions, among the employees in the voting groups described in Section
IV, above, who were employed during the pay-roll period immedi-
,itely preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding 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 Ansonia Brass Workers Union, Local 445,
International Union of Mine, Mill & Smelter Workers, C. I. 0., for
the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections.