The Bunting Brass and Bronze Co.

National Labor Relations Board - Board Decisions

Sep 8, 1945

63 N.L.R.B. 818 (N.L.R.B. 1945)

In the Matter of THE BUNTING BRASS AND BRONZE COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0., LOCAL UNION
No. 14
Case No. 8-R-18.48.Decided September 8, 1915
Marshall, Melhorn, Wall d Black, by Messrs. H. R. Black and
W. A. Belt, of Toledo, Ohio, for the Company.
Messrs. David Guberman and Thomas Russell, both of Toledo,
Ohio, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Au-
tomobile, Aircraft and Agricultural Implement Workers of America,
C. I. 0., Local Union No. 14, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Bunting Brass and Bronze Company, Toledo,
Ohio, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Louis S.
Belkin, Trial Examiner. Said hearing was held at Toledo, Ohio, on
July 9, 1945. The Company and the Union appeared and partic-
ipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Bunting Brass and Bronze Company is an Ohio corporation
engaged in the manufacture of bronze bearings. During the past
63 N. L. R. B., No. 125.
818
THE BUNTING BRASS AND BRONZE COMPANY 819
year the Company purchased raw materials exceeding $500,000 in
value, of which 75 percent came from sources oiltside the State of
Ohio. During the same period, the Company's finished products ap-
proximated $500,000 in value, of which 75 percent was shipped to
points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, Local Union No. 14, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.
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 Company and the Union agree upon the propriety of a unit sub-
stantially in accordance with that found appropriate by the Board in
a prior proceeding involving the parties,2 including all production,
inspection, maintenance, foundry, garage, and toglroom employees
of the Company, but excluding guards, watchmen, engineers, clerical
employees, time-study employees, and supervisory employees within
the meaning of our customary definition. The Union, however, asserts
that set-up men or linemen should be excluded on the ground that they
fall within our usual definition of supervisory employees. The Com-
pany contends to the contrary.
The Company employs 29 or 30 linemen or set-up men in the machine
shop and approximately 6 additional employees, known as group
leaders, in the foundry.3 It adduced evidence to the effect that none
' The Field Examiner reported that the Union submitted 284 authorization cards, 254
of which bore names of persons appearing on the Company 's pay roll of May 29, 1945, which
contained the names of 568 employees in the appropriate unit.
Matter of The Bunting Brass & Bronze Company, 58 N. L. It. B 617.
8 The Union takes no position with respect to the inclusion or exclusion of group leaders,
conceding that they are not supervisory employees.
662514-46-vol 63-53
820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of these classifications of employees has authority to hire, promote,
discipline, or discharge workers, or recommend such action. A wit-
ness for the Union testified that linemen and set-up men assign work,
thus affecting an employee's pay, have authority to remove workers
from their jobs, and cited an instance wherein a lineman repri-
manded an employee. The same witness testified that he had spoken
to former set-up men, and ascertained from them that they had super-
visory authority ; however, none of these former set-up men were
called upon to testify although they are still in the Company's employ.
We are not persuaded that the evidence adduced by the Union herein
is sufficient to warrant a finding contrary to that made in the previous
proceeding wherein we included these employees. Accordingly, we
shall include linemen or set-up men, and group leaders. -
We find that all production, inspection, maintenance, foundry, ga-
rage, and toolroom employees of the Company, including linemen or
set-up men, and group leaders, but excluding guards, watchmen, en-
gineers, clerical employees, time-study employees, and all supervisory
employees with authority to hire, prorilote, 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 meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions 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 Bunting
Brass and Bronze Company, Toledo, Ohio, 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, tinder the direction and super-
vision of the Regional Director for the Eighth 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,
THE BUNTING BRASS AND BRONZE COMPANY 821
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on va-
cation 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 any 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 repre-
sented by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, C. I. 0., Local Union
No. 14, for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.