Revere Copper and Brass, Inc.

In the Matter of REVERE COPPER AND BRASS, INCORPORATED (DALLAS AND ORDNANCE DIVISIONS) and CHICAGO DIE SINKERS, LOCAL 100, OF THE INTERNATIONAL DIE SINKERS CONFERENCE Case No. 13-R-2813.-Decided April 6,1945 Seyfarth, Shaw and Fairweather, by Mr. H. E. Seyfarth, of Chicago, Ill., for the Company. Messrs. J. G. Meiner and Walter T. Lynch, of Cleveland, Ohio, for the Die Sinkers. Meyers d Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the C. I. O. Messrs. Anthony Gruszka and Angelo Inciso, of Chicago, Ill., for the A. F. L. Mr. Harry Nathanson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Chicago Die Sinkers, Local 100, of the International Die Sinkers Conference, herein called the Die Sinkers, alleging that a question affecting commerce had arisen concerning the representation of employees of Revere Copper and Brass, Incor- porated (Dallas and Ordnance Divisions), Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before J. G. Evans, Trial Examiner. Said hearing was held at Chicago, Illinois, on February 15, 1945. The Company, the Die Sinkers, United Automobile, Air- craft and Agricultural Implement Workers of America, C. I. 0., herein called the C. 1. 0., and United Automobile Workers of America, A. F. L., herein called the A. F. L., appeared and participated. All parties 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. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 61 N. L R. B., No. 53. 392 REVERE COPPER AND BRASS, INCORPORATED FINDINGS -OF FACT 1. THE BUSINESS OF THE COMPANY 393 Revere Copper and Brass, Incorporated, is a Maryland corporation. In the course and conduct of its business, the Company operates plants in the States of Massachusetts, New York, Maryland, Michigan, and Illinois. We are here concerned with the Company's Chicago, Illinois, operations which it conducts in plants designated as the Dallas Divi- sion and the Ordnance Division. For the past year the Company purchased for the Dallas Division, owned and operated by it, and for the Ordnance Division, owned by the United States Government and operated by the Company, raw materials valued in excess of $1,000,000, of which more than 80 percent was purchased outside the State of Illinois. For the same period the total value of its finished products at the Chicago plants was in excess of $1,000,000, of which approxi- mately 80 percent was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Chicago Die Sinkers, Local 100, affiliated with the International Die Sinkers Conference, is a labor organization admitting to membership employees of the Company. United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. United Automobile Workers of America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 14, 1944, the Die Sinkers filed its petition: On August 28, 1944, the A. F. L. and the Company executed a 1-year collective bargaining agreement covering all hourly rated employees at the Dallas and Ordnance Divisions. In the late fall of that year a movement by the Company's employees developed to withdraw from the A. F. L. and join the C. I.O. On November 29, 1944, the Company filed a petition with the Board for an investigation and certification ' The Company asks that the petition be dismissed because the Die Sinkers failed to re- quest recognition prior to the filing thereof It is clear, however, that the Company refuses to recognize the Die Sinkers in the absence of certification by the Board. Consequently, we do not believe that dismissal is warranted . See Matter of Houston Blow Pipe and Sheet Metal Works, 53 N. L. R. B. 184. 394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of representatives.2 Thereafter, an December 14, 1944, the Company, the C. I. 0., and the A. F. L. entered into a consent election agreement. Among other things, the agreement provided that the Company's hourly rated employees were to determine whether they desired to be represented by the C. I. 0., the A. F. L., or by neither. In addition thereto, the agreement provided that, in the event a petition were filed with the Board by the Die Sinkers prior to January 4, 1945, the agree- ment and the results of the election were to be without prejudice to the rights of the Die Sinkers. In accordance with the provisions of the agreement an election was held on January 5, 1945, and the votes cast by the Company's die sinkers were segregated and unopened.3 A statement of the Trial Examiner made at the hearing indicates that the Die Sinkers represents a substantial number of employees in the unit hereinafter found appropriate.4 We find that a question 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 DETERMINATION OF REPRESENTATIVES The Die Sinkers seeks a unit of all the Company's employees work- ing on dies and parts of dies used in the manufacture and completion of forgings. The C. I. 0., the A. F. L., and the Company contend that the proposed unit is inappropriate, claiming that collective bargaining at the Company's Chicago plants 5 has been conducted on the basis of a production and maintenance unit, including die workers. Since 1938, the Company had had annual collective bargaining agreements,6 either with the C. I. O. or the A. F. L. embracing its pro- duction and maintenance employees, including die workers. On No- vember 19, 1940, the Die Sinkers filed a partition with the Board re- questing a unit of the Company's die workers. After a hearing, the Board, in dismissing the petition, stated, in part, as follows : 7 In view of all the circumstances, including the history of collec- tive bargaining between the Company and the [A. F. L.] on a plant-wide basis for over 3 years and the failure of the Die Sinkers s Case No. 13-RE-33. The results of the election were as follows : Number of eligible voters , 1,819 ; void ballots, 15 ; votes cast for the C . I. O , 803 ; votes cast for the A F L , 790 , votes cast against participating labor organizations , 11 , valid votes counted , 1,604 , unopened challenged ballots, 8. , ' The Trial Examiner reported that the Die Sinkers presented evidence of representation for seven employees and that there were eight employees in the unit which it alleges to be appropriate . The results of the election , footnote 3, supra, reflect the interests of the A. F. L. and the C I. O. c The parties agree that the workers sought by the Die Sinkers are employed at the Company's Dallas Division. 9 The last of these agreements , dated August 28, 1944 , was made with the A. F L. 7 Matter of Revere Copper and Brass, Incorporated, 30 N. L. It. B. 964 , decided April 7, 1941. REVERE COPPER AND BRASS, INCORPORATED 395 to seek to bargain with the Company for more than a year after the Company had recognized the [A. F. L.], we believe that the unit urged by the Die Sinkers is inappropriate for the purposes of collective bargaining, and we so find. The Company employs at its Chicago Dallas Division approximately eight die workers who perform the usual functons associated with their craft, such as making, sinking, trimming and repairing dies and parts of dies. They comprise a single department under the direct super- vision of an assistant foreman, who is a die maker by trade and familiar with the peculiar problems related to this craft. The various die op- erations are generally segregated from other plant operations .8 Die workers are the most highly skilled of the Company's employees and receive the highest rate of pay. It is clear that these employees are members of a highly skilled craft which requires an apprenticeship of at least 6 to 9 years to become a journeyman die sinker. The record indicates that from sometime prior to 1940 to the present the Company's die workers have been members of the Die Sinkers. Following the dismissal of the Die Sinkers' petition in 1940 the Com- pany's die workers became members of the A. F. L. However, this was done after permission to join the A. F. L. had been granted them by the Die Sinkers subject to the conditions that they remained dues- paying members of the Die Sinkers, and that the Die Sinkers, in turn, would pay their dues to the A. F. L. Under this arrangement, which continued until January 1, 1945,9 the Company's die workers became members of the A. F. L. on or about July 20, 1941. Thus, as testified, the die workers indicated their desire to maintain their separate identity in the hope that in the future there would arise an occasion when they could obtain separate representation by their own craft organization. There is evidence in the record that, subsequent to 1940, a 20 cent an hour increase was obtained for the Company's die workers as a result of the A. F. L.'s negotiations with the Company. It is clear, yiowever, that the War Labor Board's approval of this increase was obtained in large measure through the efforts and cooperation of the Die Sinkers. In view of the facts presented in this case, we are of the opinion that die workers may constitute a separate bargaining unit or be bargained for as part of a more comprehensive unit."' Therefore, before making a final determination with respect to `the appropriate unit, we shall first ascertain the desires of the employees themselves, as reflected by an election. Upon the results of the election will depend, in part, our determination. We shall direct that an election by secret ballot be O Die workers are segregated in the east end of the tool and die department in the Dallas Division 9 The Die Sinkers ceased paying dues to the A F L. after this date. 10 See Matter of Moore Drop Forging Company, 60 N. L. R B 494: Matter of General Electric Company (Lynn River Works and Everett Plant), 58 N. L. It. B. 57. 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD conducted among all the Company's employees working on dies and parts of dies used in the manufacture and completion of forgings, ex- cluding all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action," who were employed during the pay-roll period immediately preceding the date of the Direction of Election, subject to the limitations and additions set forth therein, to determine whether they desire to be represented by the Die Sinkers, the A. F. L., or the C. I. O. If a majority of the employees in this voting group select the same representative chosen by the remain- ing hourly rated employees as a consequence of the consent election mentioned above, they will thereby have indicated their desire to be bargained for together with such employees; selection of a different rep- resentative, however, will indicate a 'desire to constitute a separate unit. 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 Relations 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 Revere Copper and Brass, Incorporated (Dallas and Ordnance Divisions), Chicago, Illi- nois, 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 Thirteenth 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, among the employees in the voting group set forth in Section IV, above, who were employed during the pay-rol^ period immediately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees 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 they desire to be represented by Chicago Die Sinkers, Local 100, of the In- ternational Die Sinkers Conference, or by United Automobile, Air- craft and Agricultural Implement Workers of America, C. I. 0., or by United Automobile Workers of America, A. F. L., for the purposes of collective bargaining, or by none of them. 11 All parties agree that Carl Weinberger is a supervisory employee within the meaning of the Board's definition.