Revere Copper and Brass, Inc.

1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Revere Copper and Brass , Incorporated and United Steelworkers of America, AFL-CIO. Case 10-RC-7359 July 10, 1968 DECISION AND DIRECTION OF ELECTION BY MEMBERS BROWN, JENKINS, AND ZAGORIA Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer H. Carlton Bryan, Jr. The Hearing Officer 's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Following the hearing, this case was transferred to the National Labor Relations Board in Washington, D.C., pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended . Thereafter, the Employer and the Petitioner filed briefs which have been duly considered. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organizations' involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists con- cerning the representation of employees of the Em- ployer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act. 4. We find, in substantial accord with the agree- ment of the parties, that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9(b) of the Act: All production and maintenance employees, including truck drivers, at the Employer's sheet mill, Scottsboro, Alabama, ex- cluding laboratory employees, professional em- ployees, technical employees, office and clerical employees, guards and supervisors as defined in the Act. 5. The Employer moves to dismiss the petition on the basis of an expanding unit. At the time of the hearing, April 4, 1968, there were 167 em- ployees. The record shows that the Employer had already gone into a second-shift operation and that a third shift is anticipated. The Employer expects to reach a three-shift employment peak of 561 em- ployees sometime in December 1968. Testimony respecting installation and startup schedules in- dicated that by the end of June the plant would be substantially operational in almost all phases, with some sections expanded into the second and even third shifts. We infer from this that the number of employees working has likewise increased, and is moving from the hearing date total of 167 toward the anticipated December figure of 561. It appears that the new employees will not perform essentially different functions from those of the present em- ployees.' In these circumstances, we find that at the time of the hearing there was employed a substan- tial and representative segment of the ultimate complement of employees and that the petition herein was not prematurely filed.3 Accordingly, we deny the motion to dismiss the petition." [Direction of Election5 omitted from publica- tion. ] ' The Aluminum Workers International Union , AFL-CIO, was permitted to intervene at the hearing on the basis of a showing of Interest s The Employer 's schedule of job classifications reflects job assignments rather than functionally distinct job classifications In terms of functional distinctions, the record does not demonstrate lack of a representative cross section of job classifications at the time of the hearing ' Brown and Root Car,be, Inc, 119 NLRB 815, 816 ' Subsequent to the hearing , the Petitioner filed motions to supplement or reopen the record In view of our Decision herein , we find it unnecessary to pass upon these motions ' An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 10 within 7 days after the date of this Decision and Direction of Election The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed Excelsior Underwear Inc , 156 NLRB 1236 172 NLRB No. 117