Mueller Brass Co.

In the Matter of MUELLER BRASS COMPANY and INTERNATIONAL DIE SINKERS CONFERENCE, PORT HURON DIE SINKERS LODGE No. 40 Case No. 7-CA-152.-Decided March 29,1949 DECISION AND ORDER Upon a charge filed on October 22, 1948, by International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, herein called the Union, the General Counsel of the National Labor Relations Board, herein called the General Counsel, by the Regional Director for the Seventh Region (Detroit, Michigan), issued a complaint, dated November 12, 1948, against Mueller Brass Company, herein called the Respondent, alleging that the Respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (a) (1) and (5) and Section 2 (6) and (7) of the National Labor Relations Act, as amended by the Labor Manage- ment Relations Act, 1947, herein called the Act. Copies of the com- plaint, the charge, and notice of hearing were duly served upon the Respondent and the Union. With respect to the unfair labor practices, the complaint alleges, in substance, that on or about September 28, 1948, and at all times there- after, the Respondent refused to bargain collectively with the Union as the exclusive bargaining representative of all the employees in an appropriate unit, although a majority of said employees had selected the Union as their collective bargaining representative. On or about November 23, 1948, the Respondent filed an answer admitting certain allegations of the complaint, but denying that it had engaged in any unfair labor practices. The Respondent also moved that the com- plaint be dismissed on the grounds (1) that the unit for which the Union had been certified as the exclusive bargaining representative is not an appropriate bargaining unit, and (2) that the Decision, Direc- tion of Election, and Certification 1 upon which this complaint is, in part, based are invalid, alleging (a) that the findings of the Board were arbitrary and capricious; (b) that the Board, in its unit finding, 'Matter of Mueller Brass Company, 78 N. L. R. B. 1092 . The Supplemental Decision and Certification of Representatives , issued on October 13 , 1948, is unprinted, 82 N. L. R. B., No. 48. 449 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD took into account factors which the Act makes irrelevant; and (c) that the final determination of the unit was not made by the Board, but delegated to certain employees. For reasons herein stated, the motion to dismiss the complaint is denied. Thereafter all the parties, being desirous of obviating the necessity of' a hearing herein, entered into a stipulation which set forth an agreed statement of facts. The stipulation provides (1) that the parties waived their right to a hearing before a duly authorized Trial Examiner; (2) that the Board may make findings of fact and con- clusions of law, and issue an order based upon the agreed facts; ancj (3) that the charge, the complaint, the notice of hearing, the answer, and the stipulation, together with the record 2 in the earlier Board proceeding, noted above, shall constitute the entire record. The stip- ulation is hereby accepted and made a part of the record herein, and, in accordance with Section 203.51 of National Labor Relations Board Rules and Regulations-Series 5, as amended, the proceeding is hereby transferred to, and continued before, the Board. Upon the basis of the aforesaid stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Mueller Brass Company, a Michigan corporation, operates a plant at Port Huron, Michigan, where it manufactures fittings, tubing, valves, copper piping, and miscellaneous brass and copper products. The Respondent annually purchases raw materials valued in excess of $1,000,000, approximately 50 percent of which is shipped to its Port Huron plant from points outside the State of Michigan. The Respondent's annual sales of finished products are valued in excess of $5,000,000. Approximately 75 percent of the finished products is sold and transported to customers located outside the State of Michigan. The Respondent admits, and we find, that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, is a labor organization which admits to membership employees of the Respondent. 2 The parties stipulate that the "record " embraces the petition, amended petition , notice of hearing, transcript of proceedings before the hearing officer , exhibits received by the hearing officer, transcript of oral argument of parties before the Board, Decision and Direction of Election, Amended Direction of Election , Motion for Reconsideration , Order- denying aforesaid motion, and Supplementary Decision and Certification of Representatives, together wth briefs and motions submitted to the Board by the parties in the aforesaidt proceedings. MUELLER BRASS COMPANY III. THE UNFAIR LABOR PRACTICES A. The refusal to bargain 1. The appropriate unit 451 In the earlier representation proceeding, noted above, a majority of the Board found that all journeymen die sinkers and their apprentices at the Respondent's Port Huron plant constituted a unit appropriate for the purposes of collective bargaining within the meaning of the Act. The Respondent contends now, as it did in that proceeding, that a unit restricted to journeymen die sinkers and their apprentices is inappropriate. Although we are impressed with the earnestness of the Respondent's brief, we do not perceive therein any contentions that were not raised by the parties and duly considered by the Board during the course of the representation proceeding. Further, the record now before us presents no evidence that was not considered by us in that proceeding. For the reasons stated in that decision, we find that all journeymen die sinkers and their apprentices at the Respondent's Port Huron plant, excluding supervisors, constitute an appropriate unit for purposes of collective bargaining.3 2. Representation by the Union of a majority therein We also find, based upon the results of the election held pursuant to the Decision and Direction of Election, that since on or about September 28, 1948, the Union has been the exclusive bargaining representative of all employees in the above unit for the purposes of collective bargaining with respect to rates of pay, wages, hours, and other conditions of employment. 3. The refusal to bargain The Respondent admits, and we find, that, since on or about Sep- tember 28, 1948, it has refused to bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit. We, accordingly, find that the Respondent thereby violated Section 8 (a) (5) and Section 8 (a) (1) of the amended Act. Iv. THE EFFECT OF THE UNFAIR LABOR PRACTICES The activities of the Respondent set forth in Section III, above, occurring in connection with its operations as described in Section I, $ Although Chair?man Herzog and Member Gray would not, as an original matter, find this unit wppropaiate, for reasons set forth in their dissenting opinion in the representation case, they deem themselves bound here by the majority opinion in that case. 452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. v. THE REMEDY Having found that the Respondent has engaged in certain unfair labor practices, we shall order that it cease and desist therefrom and that it take certain affirmative action which will effectuate the policies of the amended Act. 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. International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, is a labor organization within the meaning of Section 2 (5) of the Act. 2. All journeymen die sinkers and their apprentices at the Re- spondent's Port Huron, Michigan, plant, excluding supervisors, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3. International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, was on September 28, 1948, and at all times thereafter has been, the exclusive representative of all employees in the afore- said unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the Act. 4. By refusing on September 28, 1948, and at all times thereafter, to bargain collectively with International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, as the exclusive representative of all employees in the aforesaid appropriate unit, the Respondent has engaged in and is engaging in unfair labor practices, within the meaning of Section 8 (a) (5) of the Act. 5. By interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, the Re- spondent has engaged, and is engaging in unfair labor practices, within the meaning of Section 8 (a) (1) of the Act. 6. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. ORDER Upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Mueller Brass, MUELLER BRASS COMPANY 453 Company, Port Huron, Michigan, and its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Refusing to bargain collectively with International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, as the exclusive bargaining representative of all journeymen die sinkers and their ap- prentices at their Port Huron, Michigan, plant, excluding supervisors; and (b) Interfering in any other manner with the efforts of International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, to negotiate for, or to represent the employees in the aforesaid bargaining unit as their exclusive bargaining agent. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act, as amended : (a) Upon request, bargain collectively with International Die Sinkers Conference, Port Huron Die Sinkers Lodge No. 40, as the exclusive representative of all journeymen die sinkers and their ap- prentices at its Port Huron, Michigan, plant, excluding supervisors, with respect to grievances, labor disputes, rates of pay, wages, hours, and other conditions of employment, and if an understanding is reached, embody such understanding in a signed agreement; (b) Post at its plant in Port Huron, Michigan, copies of the notice attached hereto marked "Appendix A." 4 Copies of said notice, to be furnished by the Regional Director for the Seventh Region, shall, after being signed by the Respondent's representative, be posted by the Respondent immediately upon receipt thereof and maintained by it for sixty (60) consecutive days thereafter, in conspicuous places, includ- ing all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material; (c) Notify the Regional Director for the Seventh Region in writing, within ten (10) days from the date of this Order, what steps the Respondent has taken to comply therewith. APPENDIX A NOTICE TO ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that : * In the event that this Order is enforced by decree of a Court of Appeals , there shall be Inserted in the notice, before the words : "A DECISION AND ORDER," the words : "A DECREE OF THE UNITED STATES COURT OF APPEALS ENFORCING." 838914-50-vol. 82-30 454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT engage in any acts in any manner interfering with the efforts Of INTERNATIONAL DIE SINKE-S CONFERENCE, PORT HURON LODGE No. 40, to negotiate for or represent the employees in the bargaining unit described below. WE WILL BARGAIN collectively upon request with the above- named union as the exclusive representative of all employees in the bargaining unit described herein with respect to grievances, labor disputes, wages, rates of pay, hours of employment, and, if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All journeymen die sinkers and their apprentices at the Port Huron, Michigan, plant, excluding supervisors within the mean- ing of the Act. MUELLER BRASS COMPANY, Employer. Dated ------------------ By -------------------------- (Representative ) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material.