United American Metals Corp.

In the Matter of UNITED AMERICAN METALS CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1225, C. I. O. Case No. R-5592.-Decided July 20,'1943 Mr. Sol A. Herzog, of New York City, for the Company. Protter & Bagley, by Mr. E. Bagley, of Brooklyn, N. Y., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE a Upon petition duly filed by United Electrical, Radio & Machine Workers of America, Local 1225, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of United American Metals Corpora- tion, Brooklyn, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at Brooklyn, New York, on June 23, 1943. The Company and the Union appeared, participated, and were afforded full oppor- tunity 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY United American Metals Corporation, a New York corporation, is engaged in the manufacture of white metal alloys and finished bear- ings. For this purpose it maintains an office and foundry at 200 51 N. L. R. B, No. 95. 517 518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Diamond Street, a plant at 193 Diamond Street, both located in Brooklyn, New York, and an office and plant in Baltimore, Mary- land. We are concerned herein with the Brooklyn plant located at 193 Diamond Street. During the period commencing on or about June 15, 1942, and tnding June 15, 1943, -,the Company purchased raw materials valued in excess of $500,000, of which approximately 50 percent was shipped to it from points outside the State of New York. During the same period the Company manufactured finished products valued in excess of $1,000,000, of which approximately 60 percent was sold and shipped by it to points outside the State of New York. Approximately 90 percent of the entire business of the Com- pany is concerned with the National War Effort. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, Local 1225, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. 0 III. THE QUESTION CONCERNING REPRESENTATION On or about May 5, 1943, the Union sent.a letter by registered mail to the Company requesting a conference for the purposes of collective bargaining. The Company did not reply to this communication. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' We. find 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 Union contends that all employees of the Company engaged at the 193 Diamond Street plant, including working foremen and assist- ant foremen, but excluding clerical and supervisory employees, consti- tute a unit for the purposes of collective bargaining. The Company contends that production employees exclusive of clerical, supervisory, and non-production workers constitute an appropriate unit. The following classifications and persons are in dispute : 1 The Regional Director reported that the Union submitted 18 application cards bearing apparently genuine original signatures and containing the names of persons appearing upon the Company's pay roll dated prior to May 27, 1943, which contains the names of approximately 21 employees in the appropriate unit. UNIPED AMERICAN METALS CORPORATION 519 Samuel Stessel-The Union contends that Stessel is a working fore= man who should be included within the unit; the Company contends that he is a general foreman and therefore should be excluded. The record indicates that 2 weeks prior to the hearing Stessel was promoted to foreman of the entire plant, filling an existing vacancy in that position. He spends approximately 10 to 20 percent of his working time in performing set-up work, and the balance of his time supervising production. Although hourly paid, he receives a higher rate of pay than those of the employees whom he supervises. He transmits orders to various employees in the plant and reports to the engineer located in the office. The foreman preceding him had the power to hire and discharge, and Stessel testified that he succeeded to all the powers and duties of his predecessor. We are of the opinion and find that Stessel is a supervisory employee, and shall therefore exclude him. Walter Schmidt-This employee is listed by the Company as assist- ant foreman. The Union contends that he is at most a working fore- man and should therefore be included within the unit, whereas the Company contends that he is a supervisory employee and should therefore be excluded. The record discloses that this employee, al- though performing manual work, shows new employees various opera- tions and assists Stessel generally. According to undisputed testi- mony he has hired and discharged and has the power to recommend such action; he also interviews new applicants for positions. We are of the opinion that this employee acts in a supervisory capacity, and shall therefore exclude him from the unit. Arthur Wolf-The Company contends that this employee is a super- visor in charge of the shipping department, whereas the Union con- tends that he is not a supervisor. The record indicates that he, together with a boy and a porter, receive, pack, and ship all of the products received and sent out by the Company. The greater part of his time is spent in manual labor. A representative of the Company testified that he has the power to recommend hire and discharge; however, he has never exercised this power. Wolf testified that this power to "recommend" is limted to requesting additional help. He does not have the power to hire or discharge. We are of the opinion that the duties of Wolf are not sufficiently supervisory in nature to warrant his exclusion from the unit, and we shall therefore include him. Carpenter-The Company employs a carpenter upon a temporary basis for the purpose of making shelves and racks. He works at both Brooklyn plants and reports to Stessel. The Union would include him within the unit. However, we are of the opinion that his status 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is that of a temporary employee who has little expectation of regular employment with the Company. *e shall, therefore, exclude him.2 Babbit Furnace Maker-This employee works in a room in the rear , of, the plant where he is engaged solely in the assembly of babbit fur- naces, which when completely assembled are sold by the Company. He reports to the engineer rather than to Stessel, who is in charge of the machine shop. The Company contends he is a non-production employee and should therefore be excluded from the unit. The Union would include him. The record discloses that his hours are similar to those of the production employees and that he works upon products which are sold by the Company. We are of the opinion that his inter- ests are akin to those of the production employees, and we shall include him. Stock Clerk-This person is an hourly paid employee, and is in charge of the tools used by the production employees. He receives requisitions for tools from the employees, distributes them, and takes receipts for them. He is located in a room separate from other opera- tions of the Company. The Company would exclude him as a non- production employee. While he performs many duties of a clerical nature and reports to the office, we have customarily included ,persons performing the functions of stock clerk within a unit of production and maintenance employees, on the ground of similarity in interests and working conditions. No valid reason appearing to the contrary, we shall adhere to our usual practice and include him within the unit. In view of the foregoing, we find that all production and mainte- nance employees of the Company engaged at its plant located at 193 Diamond Street, Brooklyn, New York, including the babbit furnace maker, stock clerk, and Arthur Wolf, but excluding executives, fore- men, engineers, draftsmen, carpenters, clerical employees, and super- visory 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.,THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by'means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 2 Matter of Western Union Telegraph Co , 38 N. L. R B. 483. UNITED AMERICAN METALS CORPORATION 521 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with United American Metals Corporation, Brooklyn, 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 super- vision 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 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 1225, C. I. 0., for the purposes of collective bargaining. i