Wood Embly Brass Co.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1318 (N.L.R.B. 1946)

In the Matter Of WOOD EMBLY BRASS COMPANY, EMPLOYER and IN-
TERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER
Case No. 6-R-1409.-Decided September 10, 1946
Mr. William H. Strauss, of Waynesboro, Pa., for the Employer.
Messrs. Robert P. O'Donell and Harold N. Pittman, both of
Waynesboro, Pa., for the Petitioner.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION I
AND
CERTIFICATION OF 'REPRESENTATIVES
Upon a petition duly filed; the National Labor Relations Board,
on July 10, 1946, conducted a prehearing election pursuant to Article
III, Section 3, of the Board's Rules and Regulations among the em-
ployees in the alleged appropriate unit, to determine whether or not
they desire to be represented by the Petitioner for the purposes of
collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally reveals that there were approximately 35 eligible
voters and that 33 valid ballots were cast, of which 31 were for the
Petitioner and 2 were against.
Thereafter, pursuant to Article III, Section 10, of the Board's
Rules and Regulations, an appropriate hearing was held at Waynes-
boro, Pennsylvania, on July 10, 1946, before W. G. Stuart Sherman,
Trial Examiner. The Trial Examiner's rulings made at. the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
In its brief, the Employer moved to set aside the election and re-
quested oral argument before the Board. As grounds for its motion,
the Employer contends that the existing issues regarding the compo-
sition of the proposed unit should have been resolved at a hearing and
a finding made by the Board establishing an appropriate unit, before
the election was conducted. 1 The Supreme Court of the United States
I The Employer contested the authority of the Regional Director to conduct the election
herein and declined to appoint an observer or otherwise participate.
70 N. -L. R. B., No. 130.
1318
WOOD EMBLY BRASS COMPANY .4319
has held that the Board has the administrative authority to schedule a
hearing at any point in the investigation and that the holding of an
election prior to the scheduling of a hearing is not contrary to the pro-
visions of Section 9 (c) of the Act.2 The propriety of the Board's pro-
cedure herein is sustained by virtue of the fact that no final decision or
certification is issued until the parties have had the opportunity to be
heard, thereby obviating any possibility of prejudice or predilection.3
Accordingly, the Petitioner's motion and request for oral hearing is
hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS of FACT
I. THE BUSINESS OF THE EMPLOYER
Wood Embly Brass Company, a Pennsylvania corporation, operates
a foundry at Waynesboro, Pennsylvania. Its annual purchases of
raw material, consisting of aluminum, brass, and bronze, are valued at
in excess of $150,000, between 5 and 10 percent of which originates out-
side the Commonwealth of Pennsylvania. The Employer produces
annually finished products consisting of aluminum, brass, and bronze
castings which are valued at in excess of $175,000, between 8 and 10
percent of which is sold and shipped to points outside the Common-
wealth of Pennsylvania.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
-Employer.
1II. T]EE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Peti-
tioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2 See Inland Empire District Council Lumber and Sawmill Workers Union v Millis,
et al, 325 U . S. 697.
See Matter of E. R ^Squibb cC Sons, 67 N L R B 557
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Petitioner urges as appropriate a unit of all production and
maintenance employees of the Employer's Waynesboro plant, but ex-
cluding clerical employees and all supervisory employees with
authority to hire and discharge.4 The Employer contests the composi-
tion of the proposed unit and alleges that two units should be estab-
lished, one comprising its craft employees and the- other comprising
common laborers. The Employer also opposes the inclusion of the
pattern maker and the truck driver in the bargaining unit.
The record reveals that there are approximately 16 common laborers
in the Employer's plant and that the remainder of its personnel con-
sists of molders-and core makers'who perform skilled and semi-skilled
functions. All of the employees, however, are under the same 'super-
-vision, are hourly paid, and are engaged. in common activities, inci-
dental to the production of the Employer's product. There are no
departmental divisions in the plant and all personnel -,^ork'together in
1 foundry building. Although the record discloses that there is a
higher turn-over among the common laborers, it is apparent that these
employees are employed on a permanent basis and have a definite
community of interest with the other production and maintenance
employees. We shall, therefore, include them in the unit.
Pattern maker: The Petitioner would include, and the-Employer
would exclude, the pattern maker. It is revealed that this employee
was originally an independent contractor from whom the Employer
obtained molds necessary for production activities. The increased
volume of business necessitated that the Employer hire a full-time
pattern maker and this employee was accordingly retained in this
position. He still retains his own shop outside the Employer's plant
and uses his own tools and materials in all work performed for the
Employer. He is, not required to work any specified number of hours
and is paid in accordance with the actual, time he devotes to his work
.on the Employer's products. It is apparent from the foregoing facts
that the pattern maker's interests differ substantially from those of the -
other employees involved herein, and _we shall, therefore, exclude
him from the unit.
Truck driver: One of the laborers has been assigned to- duties of
driving a truck outside the Employer's plant. Although the record
.reveals that he frequently is employed by members of management
for private purposes, and receives no remuneration therefor from the
Employer, it is definitely established that he spends a majority of
his time in the performance of his usual, duties as truck driver at the
plant. We are of the opinion that his activities are sufficiently related
There are approxmiately 35 employees in the proposed unit.
WOOD EMBLY BRASS COMPANY 1321
with those of the other common laborers to warrant his inclusion in
the bargaining unit.
We find that all production and maintenance employees at the Em-
ployer's plant, including laborers and the truck driver, but excluding
clerical employees, the pattern maker, and all or any supervisory
employees with authority to hire, promote, 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._TIIE DETERMINATION OF REPRESENTATIVES
The results of the election held previous to the hearing disclose that
the Petitioner has secured a majority of the valid votes cast and that
there were no challenged ballots which could affect the results of the
election. Under these circumstances, we shall certify the Petitioner as
the collective bargaining representative of the employees in the unit
hereinbefore found appropriate.
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 HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America (UAW-
CIO) has been designated and selected by a majority of all production
and maintenance employees of Wood Embly Brass Company, Waynes-
boro, Pennsylvania, including the truck driver, but excluding clerical
employees, the pattern maker, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, as their representative for the: purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the Act, the said organiza-
tion is the exclusive representative 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.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Certification of Representatives.