Revere Copper and Brass Inc.

In the Matter of REVERE COPPER AND BRASS INCORPORATED and INTER- NATIONAL BROTHERHOOD OF FIREMEN , OILERS AND RAILROAD SHOP LABORERS (I o Case No. R-4761.-Decided February 2d, 1943 Jurisdiction : metal alloys manufacturing industry. Investigation and Certification of Representatives : contract covering industrial employees at one plant orally extended to cover similar employees at new plant held no bar under the circumstances. Unit Appropriate for Collective Bargaining : proposed unit of powerhouse em- ployees at new plant of a metal alloys manufacturer rejected, when functional interrelation of new and old plant indicated that an industrial unit limited to ,Dew plant or embracing both plants, or craft unit consisting of powerhouse employees in both plants, would be appropriate. Practice and Procedure : petition dismissed. Messrs. Arthur S. Evans and J. E. Walters, of Rome, N. Y., and Messrs. J. Gruel and M. J. Callanan, of Baltimore, Md., for the Com- pany. - Mr. Joseph A. Wilder, of Baltimore, Md., for the Brotherhood. Messrs. John W. Reiss, of Rome, N. Y., and John Bermel, of Balti- more, Md., for the Independent. Mr. Glenn-L. Moller, of counsel to the Board., DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by the International Brotherhood of Fire- men, Oilers' and Railroad Shop Laborers, herein called the Brother- hood, alleging that a question affecting commerce had arisen concern- ing representation of employees of Revere Copper and Brass Incor- porated, Baltimore, Maryland, herein called, the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Earle K. Shawe, Trial Examiner. Said hearing was held at Baltimore, Maryland, on January 11, 1943. The Company, the Brotherhood, and Interstate Copper and Brass Workers Union Local No. 4, herein called the Independent, appeared, participated, 47 N. L. R. B., No. 101. ' 513024 I43 vo1.47-52 817 818 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD and,were afforded full opportunity to be heard , to examine and 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. / Upon the, entire record in the case, the Board makes the' following : / FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Revere Copper and Brass Incorporated is a Maryland corporation engaged in the processing and manufacturing of nickel, brass, and copper alloys and in connection with its operations maintains and operates 10 plants, '2 located in Chicago, Illinois, 2 at Rome, New" York, 1 in Detroit , Michigan; 2 in Massachusetts , and 3 in Baltimore,' Maryland. One of the Baltimore plants is located at 1301 Wicomico Street, herein called the olds plant, and another, herein, called the new plant and the one primarily inyrolved in this proceed-,' 'ing, at 1601 Wicomico Street. The Company employs approximately- 400 men at the plant at 1601 Wicomico and at this plant manufactures cupro-nickel seamless tubing. From July 1, 1942, to December 31,. 1942, the Company purchased raw materials amounting in value to approximately $571,000, all of, which was purchased and shipped from points outside the State of Maryland to the plant at 1601 Wicomico Sheet. During the same period the Company manufactured goods, of the value of $680,000, all of which was shipped to points outside the State'of Maryland. The Company admits that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Brotherhood of, Firemen, Oilers and Railroad Shop Laborers, affiliated with the American Federation of Labor, is a labor organization, -admitting to membership the employees of the Com- pany's powerhouses. Interstate Copper and Brass Workers Union Local No. 4 is a labor+ organization, admitting to membership employees of the Company. III. THE ALLEGED APPROPRIATE UNIT The Brotherhood contends that powerhouse employees of the Com- pany at the new plant constitute an appropriate unit. The Company and the Independent contend that the appropriate unit consists of all production and maintenance employees at both plants, and therefore urge that the Brotherhood's petition be dismissed. r tREVERE COPPER AND -BRASS INCORPORATED 819 The new plant,, which is about a block from the old plant, began operations in July 1942 . Both plants are under the same manage- ment and produce similar products . Both plants are under one works manager and a number of lesser supervisory officials also have juris-: diction over both plants . Both power plants are under the direction of one foreman, who divides his time between supervising the two powerhouses although most of the time he is at the old plant. While there is some interchange of production employees between the two plants, powerhouse employees are permanently assigned to each plant. However, the powerhouse employees at the new plant were originally employed and trained' at the old plant. Wage scales are the same in the two powerhouses. For several years, the Company has had collective bargaining con- tracts on a single plant industrial basis with respect to a number of plants. Locals of the Independent have represented production and maintenance employees, including powerhouse employees, at two New York plants, the old Baltimore plant, and a third plant in Baltimore known as the Cailton Street plant . In other plants the Company has contracts on an industrial basis with unions affiliated with the Amer- ican Federation of Labor and with the Congress of Industrial Organizations. In September 1942, after operations had begun at the new plant, the Company and the Independent orally agreed to extend the contract which then covered only the old plant , and which was effective until December 1942 and thereafter for an indefinite period subject to termi- nation upon 30 days' notice, to cover employees at the new _ plant. In November 1942, following the filing of the Brotherhood 's petition, the Company and the Independent entered into negotiations for a new con- tract specifically covering employees at both plants as one unit. No contract had been executed at the time of the hearing . The Independ- ent had previously requested wage increases and the hiring of additional men for the new plant powerhouse. These requests were granted by the Company, although the Brotherhood asserts they resulted from the efforts of individual employees rather than from the bargaining efforts of the Independent. We do not agree with the contention of the Company and the Inde- pendent that the contract as purportedly extended to cover the new plant constitutes a bar, since the record does not indicate that the Inde- pendent then had a majority at the new plant and since the number of employees at that plant has greatly expanded following the oral exten- sion. Nevertheless , the record shows that the two plants and the two powerhouses are to a considerable degree functionally interrelated. Under all the circumstances , we are of the opinion and find that the unit sought by the Brotherhood is not appropriate for the purposes of i 820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD collective bargaining, and that either an industrial unit limited to the new plant or embracing both plants, or a craft unit consisting of employees in both powerhouses, would be appropriate. Accordingly, we find that no question has been raised concerning the representation of employees in an appropriate unit; and we shall therefore dismiss the petition of the Brotherhood. ORDER Upon the basis of the foregoing findings of fact and upon the entire ,record in the,case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Revere Copper and Brass Incorporated, Baltimore, Mary- land, filed by International Brotherhood of Firemen, Oilers and Rail- road Shop Laborers be, and it hereby is, dismissed. I I