The Ohio Brass Co.

In the Matter of THE OHIO BRASS COMPANY and LOCAL 758, UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA (Ci. I. 0.) Case No. R-30410.-Decided October 23, 1941 Jurisdiction : porcelain insulator manufacturing industry. Investigation and Certification of Representatives : existence of question ::• Company refused to accord the union recognition stating that it desired the Board to hold an election to,determine whether or not the union represented. a majority; election necessary. Unit Appropriate for •Collective Bargaining : production and maintenance em- ployees excluding foremen, assistant foremen, part-time foremen, supervisors,. watchmen, clerical employees, and office employees; agreement as to. Jones, Day, Cockley, and Reavis, by Mr. Thomas F. Veach, and Mr. Georges D. Bonebrake, of Cleveland, Ohio, and Weldon and Houston,. by Mr. Henry P. Houston, of Mansfield, Ohio, for the Company. Mr. Arthur L. Gar ield, of Dayton, Ohio, and Mr. Richard Niebur, of.Mansfield, Ohio, for the United. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 18, 1941, Local 758, United Electrical, Radio & Machine Workers of America (C. I. 0.), herein called the United, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Ohio Brass Company, Mansfield, Ohio, herein called the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 10, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 36 N. L. R. B., No. 72. 367 368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On September 12, 1941, the Regional Director issued a notice of hearing copies of which were duly served upon the Company and the United.' Pursuant to notice, a hearing was held on September 24, 1941, at Mansfield, Ohio, before Max W. Johnstone, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the United were represented by counsel or other official representatives and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record of the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Ohio Brass Company is a New Jersey corporation, having its principal place of business at Mansfield, Ohio. This proceeding in- volves only the Mansfield plant of the Company. The Company at its Mansfield plant employs approximately 1000 employees and is engaged in the manufacture of porcelain insulators for use on elec- trical transmission and distribution systems and substations, over- head trolley line equipment, rail bonds, equipment for mine and steam railroads, safety-control devices for mines, and brass valves. During 1940, the Company purchased for use at its Mansfield plant raw materials valued at approximately $846,000 of which 90 per cent represents purchases from sources without the State of Ohio. During 1940 sales of the Company's finished product from the Mans- field plant totaled approximately $3,969,000 of which approximately 93 per cent represents sales to points without the State of Ohio. II. THE ORGANIZATION INVOLVED Local 758, United Electrical, Radio & Machine Workers of Amer- ica, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about July 23, 1941, the United notified the Company that it represented a majority of the Company's employees in the alleged 'Notice was also served upon Pattern Makers League of North America . Pattern Makers League of North America did not appear at the hearing. THE OHIO BRASS COMPANY 369 appropriate unit, and requested the Company to bargain collectively with the United on behalf of such employees. The Company in- formed the United that it desired that the Board hold an election in order to determine whether or not the United represented a majority of such employees. The Company and the United stipulated that the United represents a number of the employees in the unit hereinafter found to be appropriate.2 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the United agreed at the hearing, and we find, that all production and maintenance employees employed by the Com- pany at its Mansfield, Ohio, plant, excluding foremen, assistant fore- men, part-time foremen, supervisors, watchmen, clerical employees, and office workers constitute a unit appropriate for the purposes of collective bargaining. We find further that said unit will insure to, the employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company and the United agreed at the hearing that the pay roll of September 20, 1941, should be used to determine eligibility to vote in the election. Accordingly, we shall direct that employees eligible to vote in the Election shall be those in the appropriate unit who were em- ployed during the pay-roll period of September 20, 1941, subject to such limitations and additions as are set forth in the Direction of Election. 2 The United submitted to a Field Examiner of the Board , 470 authorization cards all of which bore' apparently genuine signatures and were dated in 1941 . The Company employs approximately 1,000 employees at its Mansfield plant. 433118-42-vol. 36-25 370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. A question affecting commerce has arisen concerning the repre- sentation of employees of The Ohio Brass Company, Mansfield, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National-Labor Relations Act. 2. All production and maintenance employees employed by the Company at its Mansfield, Ohio, plant, excluding foremen,., assistant foremen, part-time foremen, supervisors, watchmen, clerical employees, and office workers constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby - DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with the The Ohio Brass Company, Mansfield, Ohio, 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 Eighth Region, act- ing in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company employed at its Mansfield, Ohio, plant who were employed during the pay-roll period of September 20, 1941, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem- porarily laid off, but excluding foremen, assistant foremen, part-time foremen, supervisors, watchmen, clerical employees, office workers, and employees who have since quit or been discharged for cause, to deter- mine whether or not said employees desire to be represented by Local 758, United Electrical, Radio & Machine Workers of America affil- iated with the Congress of Industrial Organizations, for the purposes of collective bargaining. Mn GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. I