Columbian Bronze Corp.

11 In the Matter of COLUMBIAN BRONZE CORPORATION and MACHINISTS- POLISHERS ORGANIZING COMMITTEE, A. F. OF L. Case No. R-3643.Decided February 2/, 1942 k Jurisdiction : propellers and marine fittings manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioner recognition ; contract executed between Company and union with knowledge of rival union's claims that it represents a majority of the employees held no bar to investigation ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company engaged as machinists, machinists' helpers, polishers , polishers' helpers, buf- fers, buffers' helpers, grinders, filers, and employees in the shipping depart- ment, including the chauffeur, plumber, electrician and helper, but excluding moulders' helpers, supervisory help, clerical help, office employees, and pattern makers. Mr. Jerome Y. Stamm, of New York City, for Machinists-Polishers Organizing Committee. Rubinton ct Coleman, by Mr. Samuel L. Rubinton, of Brooklyn,, N. Y., for the Company. Mr. John P. McCormick, of Freeport, Long Island, N. Y., and Mr. Frank Sellman, of Freeport, Long Island, N. Y., for the Nutshell Club. Mr. James Gelling, of Freeport, Long Island, N. Y., and Mr. John Fenn, of Freeport, Long Island, N. Y., for the Collective Bargaining Committee of Columbian Bronze ' Employees. Mr. Warren Matthias, of Freeport, Long Island, N. Y., for an un-. named committee of Warren Matthias, John McCormick, and George Wilson. Mr. George H. Gentith es, of counsel to the Board. - DECISION AND ' DIRECTION OF ELECTION STATEMENT OF THE CASE On-July 9, 1941, the Machinists-Polishers Organizing Committee, A. F. of L., hereinafter called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging 39 N. L. R. B., No. 28. 156 ' COLUMBIAN BRONZE CORPORATION 157 that a question affecting commerce had arisen concerning the repre- sentation of employees of Columbian Bronze Corporation, Freeport, Long Island, New York, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 2, 1942, the National Labor Relations Board, herein 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 2, as amended, ordered an investiga- tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 3, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Union, the Nutshell Club, Collective Bargaining Committee of Columbian Bronze Employees, and an unnamed committee consist- ing of Warren Matthias, John McCormick, and George Wilson, all claiming to represent employees directly affected by the investiga- tion. Pursuant to notice, the hearing was held on February 9, 1942, at Freeport, Long Island, New York, before William T. Little, the Trial Examiner duly designated by the Chief Trial Examiner.' At the hearing, the Company, the Union, and the other above-named /organizations appeared and participated in the hearing. Full op- portunity to be heard, to examine and 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 that no prejudicial errors were committed. The rulings are hereby affirmed. On February 21, 1942, the Company filed a brief which the Board has duly considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Columbian Bronze Corporation is a New York corporation with its principal office and place of business at Freeport, Long Island, New York. It is engaged in the manufacture and distribution of propellers and marine fittings. In 1941, the Company purchased and used raw materials valued in excess of $30,000, about 10 percent of which were shipped to this plant from outside the State of New York. During this same period, the Company manufactured finished products valued in excess of $100,000, approximately 75 158 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD percent of which were shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Machinists-Polishers Organizing Committee is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Company. The committee composed of Warren Matthias, John McCormick, and George Wilson is a labor organization representing employees of the Company. Collective Bargaining Committee of Columbian Bronze Employees is a labor organization representing employees of the Company. The Nutshell Club is an unaffiliated labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 2, 1941, Machinists-Polishers Organizing Committee re- queted collective bargaining rights for the employees of the Com- pany, but was refused because the Company was not satisfied that this committee represented a majority of its employees. Within a few days after ' this refusal a collective bargaining committee com- posed of Warren Matthias, George Wilson, and John McCormick circulated a petition among their fellow employees. Under its terms these three men were "selected" to bargain collectively for the entire plant, excluding the foundry: On July 15, 1941, this committee called on the president of the Company, advising him of their appointment as representatives of the Company's employees. As proof thereof, they submitted the petition heretofore circulated which bore 72 names. Subsequently, the three members of the committee were requested by certain of the older employees to relinquish their leadership in favor of a committee of more experienced men.' A meeting between this second committee and the Company ensued but no tangible results followed. A few days later, a meeting of employees was held, at which time officers were elected as well as a third committee 2 which was authorized to conclude negotiations. It met with the Company's representatives and a contract was finally drawn up on August 7, 1941, to terminate on July 31, 1942. It was 2 Pursuant to this request, the three members of the committee withdrew after first designating a second committee to continue negotiations This second committee consisted of James Gelling , Walter Ettinger, Robert Kappen, and Clarence Merritt, who presented a written, signed statement to the Company setting forth their appointment as successors to the first committee. 2 The third committee consisted of John Fenn, chairman , Ed, Tunstall, James Gelling, and Fred Wilson COLUMBIAN BRONZE CORPORATION 159 signed in behalf of the employees by the personnel of the third com- mittee, giving as their official capacity "Collective Bargaining Com- mittee of Columbian Bronze Employees" and was' ratified by' 71 employees. The Company urges this contract as a bar to the present proceeding. The Company undertook to negotiate this contract with knowledge of the petitioner's claims. Under the circumstances we find that the contract is not a bar to these proceedings. When the petitioner offered to bargain cdllectively for the employees of the Company on ' July 2, 1941, it represented a substantial number of the Company's employees.3 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union petitioned for a unit composed of "all employees engaged as machinists, machinists' helpers, polishers, polishers' helpers, buffers, buffers' helpers, grinders, filers, and employees of the shipping department, and specifically excluding moulders' helpers, ' There are approximately 105 in the , unit claimed to be appropriate . The statement of the Regional Director concerning the various claims by each of the organizations reveals the following: (1) The Machinists -Polishers Organizing Committee submitted 34 appli- cation cards and 57 authorization cards. Twenty of the application cards bear no date ; the remainder are dated from June 1941 to July 1941, except one dated June 26, 1940. Thirty-two of the 34 cards are signed ; 2 of them are printed. Twenty -seven of the 32 signatures which appear to be genuine original signatures are the names of persons appear- ing on the pay roll for the week ending July 2 , 1941. The two printed names also appear on this pay roll Of the 57 authorization cards, most are dated January 15 -January 24, 1942, 11 of them being undated. All signatures appear to be genuine. Forty-three are names of persons appearing on the July 2, 1941, pay roll Of the total of 91 authorization and application cards, 15 are duplications ; therefore, 76 employees are represented by 'these cards . ( 2) The Collective Bargaining Committee submitted a petition dated July 15, 1941, containing 72 signatures , all of which appear to be genuine. Sixty-eight of these are persons whose names appear on the July 2 , 1941, pay roll of the Company. (3) The Collective Bargaining Committee of Columbian Bronze Employees submitted an exclusive bargaining contract dated August 7, 1941 , signed by this committee and two company officials, and the petition containing 71 signatories who approved the contract . All these signatures appear to be genuine and 70 of them are persons whose names appear on the July 2, 1941 , pay roll. (4) No evidence was submitted by the Nutshell Club that it represents any employees. 448105-42-vol. 39-12 160\ DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervisory help, clerical help, and office employees." 4 At .the hear- ing the parties agreed that the above enumerated categories, along with the chauffeur, plumber, electrician, and helper, should be in- cluded within the unit appropriate for the purposes of collective bar- gaining. The parties also agreed that the employees covered by a contract between the Company and Local Union No. 96 of the Inter- national Moulders and Foundry Workers Union of North America should be excluded. The Union and the Nutshell Club disagree as to the inclusion of pattern makers in the appropriate unit. These pattern makers are eligible for membership in an A. F. of L. craft union, and since they are within the jurisdiction of another International affiliated with the A. F. of L., the Union desires their exclusion. We find that the pattern makers should be excluded from the appropriate unit. The Union and the Company disagreed on the inclusion of one John Fenn in the appropriate unit. The Nutshell Club took no position on this controversy. Since Fenn has no authority to hire or discharge or to make recommendations as to promotion, and since he performs the same duties of a grinder as do his fellow employees, we are of the opinion that he should be included in the appropriate unit. We therefore find that all employees engaged as machinists; machinists' helpers, polishersi polishers' helpers, buffers, buffers' helpers, grinders, filers, and employees of the shipping department, including the chauffeur,'plumber, electrician and helper, and John Fenn, but specifically excluding moulders' helpers, supervisory' help, clerical help, office employees, and the pattern makers, constitute a unit appropriate for the purposes of collective bargaining. We further find, that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by the *, By stipulation the parties agree that the employees listed as working in the machine shop on 'the' Company's pay roll correspond with the 'description "machinists and machinists' helpers," as used by the Union in its petition , that the employees in the polishing and clean- ing room, as listed on the Company 's pay roll , correspond with the designation of "pol- ishers, polishers' helpers, buffers, buffers' helpers , grinders, and filers," as used in the petition, and that the employees listed as working in the cleaning room correspond to the designation "employees in the shipping department," as used in the petition. The stipula- tion provided that included in this latter category of employees in the shipping department should be the chauffeur listed on the Company 's pay roll , and that the employees designated on the pay roll as "plumber, electrician , and helper" should be considered as machinists' helpers, as that term is used in the petition . Although the Company was a party to the stipulation, it took no position concerning the "plumber , electrician , and helper " COLUMBIAN BRONZE CORPORATION 161 holding of an- election by secret ballot. In accordance with our usual practice, we shall direct that an election by secret ballot be held among the employees of the Company in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Direction of Election to determine whether they wish to be represented by the Machinists-Polishers Organizing Com- mittee or the Nutshell Club,-, subject to the limitations and additions set forth in the Direction. 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 Columbian Bronze Corporation , Freeport, Long Island, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company engaged as machinists , machin- ists' helpers, polishers, polishers' helpers, buffers, buffers' helpers, grinders, filers, and employees in the shipping department , including the chauffeur , plumber, electrician and helper, and John Fenn, but excluding moulders' helpers, supervisory help, clerical help, office ,employees, and pattern makers, constitute a unit appropriate for the purposes of collective bargaining 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 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Columbian Bronze Corporation, Freeport, Long Island, New York, 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, 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, Section 9, of said Rules and Regulations, among all employees engaged as 5 The Collective Bargaining Committee of Columbian Bronze Employees and the unnamed committee consisting of Warran Matthias, John McCormick , and George Wilson stated that they desired only the Nutshell Club to appear on the ballot. 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD machinists, machinists' helpers, polishers, polishers' helpers, buffers, buffers' helpers, grinders, filers, and employees in the shipping de- partment, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including the chauffeur, plumber, electrician, and helper, John Fenn and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service of the United States, or temporarily laid off, but excluding moulders' helpers, supervisory help, clerical help, office employees, and pattern makers, and all other employees having the right to hire and discharge and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Machinists-Polishers Organizing Committee, affiliated with the American Federation of Labor, or by the Nutshell Club, for the purposes of collective bargaining, or by 'neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. In the Matter of COLUMBIAN BRONZE CORPORATION and MACHINISTS- POLISHERS ORGANIZING COMMITTEE, A. F. OF L. March 23, 19lµ CERTIFICATION OF REPRESENTATIVES Case No. R-3543 On February 24, 1942, the National Labor Relations Board issued, a Decision and Direction of Election in the above-entitled proceeding., Pursuant to the Direction of Election, an election by secret ballot was conducted on March 5, 1942, under the direction and supervision of the Regional Director for the Second Region (New York City). On March 7, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the /'ballot or the Election Report have been filed by any of the parties. As the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list__ ____________________________________ 118 Total ballots cast_____ ______________________________________ 107 Total ballots challenged______________________________________ 3 Total blank ballotsL ------ ----------------------------------- :1 Total void ballots___________________________________________ 0 - Total valid votes counted____________________________________ 103 Votes cast for Machinists-Polishers organizing Committee, affiliated with the American Federation of Labor___________ 85 Votes cast for the Nutshell Club_____________________________ 15 Votes cast for neither union _________________________________ 3 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Machinists-Polishers Organizing Com- mittee, affiliated with the A. F. of L., has been designated and selected by a majority of all employees of Columbian Bronze Corporation, 139 N L. R B 156 39 N L. R. B., No. 28a. 163 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Freeport, Long Island, engaged as machinists, machinists' helpers, polishers, polishers' helpers, buffers, buffers' helpers, grinders, filers, employes in the shipping department, the chauffeur, plumber, elec- trician, helper, and John Fenn, excluding moulders' helpers, super- visory help, clerical help, office employees, pattern makers, and all other employees having the right to hire and discharge, as their representative for, the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the, National Labor Relations Act, Machinists-Polishers Organizing Committee, affiliated with the A. F. of L., is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.