Bryce Brothers Co.

In the Matter of BRYCE BROTHERS COMPANY and AMERICAN FLINT GLASS WORKERS UNION OF NORTH AMERICA (A. F. L.) Case No. R-2769.-Decided August 13, 1941 Jurisdiction : blown-glass products manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal by Company to accord union recognition until it is certified by the Board; pay roll preceding shutdown to determine eligibility; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, including watchmen; exclusion of executives, foremen, assistant, foremen, nurses, timekeepers, and clerical and office employees ; stipulation as to. Mr. Ralph A. Lind, of New York, N. Y., for the Company. Mr. Charles M. Scheff, of Toledo, Ohio, for the Union. Mr. Armin Uhler, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 16, 1941, American Flint Glass Workers Union of North America (A. F. L.), herein called the Union, filed a petition with the Regional Director for the Sixth Region (Pittsburgh, Pennsyl- vania) alleging that a question affecting commerce had arisen con- cerning the representation of employees of Bryce Brothers Company,' Mount Pleasant, Pennsylvania, herein called the Company, and re- questing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 5, 1941, the National Labor Rela- tions Board, herein called the Board,- acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions 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. On July 10, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. 1 Erroneously designated as Bryce Brothers Glass Company prior to the hearing; corrected by stipulation at the hearing 34 N. L. R. B., No 35. 255 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to notice a hearing was held on July 21, 1941, at Pittsburgh, Pennsylvania, before Henry Shore, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Company was represented by counsel, the Union by an official representative; both participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. No objections to the.rulings of the Trial Examiner were made by any of the parties. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial er- rors were committed The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bryce Brothers Company, a Pennsylvania corporation, with its principal office and plant at Mount Pleasant, Pennsylvania, is engaged in the production, manufacture, and sale of blown-glass tableware and other glass products. The principal raw materials used by the Company consist of hydrated carbonate of potash, litharge, soda ash, nitrate of soda, sand, zinc oxide, borax, arsenic, manganese, bone ash, powdered sele- nium, yellow oxide uranium, orange cadmium sulphide, powdered blue, black cobalt oxide, red oxide copper, black oxide copper, ground burnt lime, hydroflouric acid, and red oxide of iron. During 1940 the Company purchased raw materials valued at about $49,000, approximately 10 per cent of which was shipped to the Company's plant in the State of Pennsylvania, primarily from the States of New York and Ohio. During the same period the Company manu- factured products valued at approximately $980,000, of which in ex- cess of 95 per cent was shipped to destinations outside the State of Pennsylvania. The Company employs approximately 500 employees at its plant at Mount Pleasant, Pennsylvania. II. THE ORGANIZATION INVOLVED American Flint Glass Workers Union of North America is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that on May 22, 1941, the Company received a telegram from the Union, in which the Union claimed to repre- sent a majority of the Company's employees and requested recognition as exclusive bargaining representative. On June 13, 1941, the Company declined to recognize the Union unless and until it is certified by BRYCE BROTHERS COMPANY 257 the Board as the statutory representative of the employees. The report of the Regional Director introduced in evidence at the hearing shows that the Union represents a substantial number of the em- ployees 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 .1, 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 parties stipulated, and we find; that all production and main- tenance employees in the Company's plant, including watchmen, but excluding executives, foremen, assistant foremen, nurses, timekeepers, and clerical and office employees, constitute a unit appropriate for the purposes of collective bargaining. We find further that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and other- wise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The parties agreed at the hearing that eli- gibility to vote in such an election should be determined on the basis of the Company's pay roll for the week ending May 17, 1941. In view of the fact that the Company's plant has been shut down since May 19, 1941, we shall give effect to the agreement of the parties and direct that those employees in the appropriate unit employed by the Company during the pay-roll period ending May 17, 1941, subject to the limitations and additions as appear in the Direction of Election hereinafter, shall be entitled to vote in the election. The parties agreed, and we direct, that notices of election be mailed by the Company to the employees entitled to vote in the election. 2 The Regional Director reported that the Union submitted 435 application for mem- bership cards , all bearing genuine original signatures . Of the 435 signatures, 427 correspond to names appearing on the Company's pay roll of May 17, 1941 , showing 472 employees in the alleged appropriate unit. 258 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 Bryce Brothers Company, Mount Pleasant, Pennsylvania, 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, including watch- men, but excluding executives, foremen, assistant foremen, nurses, timekeepers, and clerical and office employees, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing 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 Rela- tions Act, 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 Bryce Brothers Company, Mount Pleasant, Pennsyl- vania, 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 Di- rector for the Sixth Region, acting 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 mainte- nance employees of Bryce Brothers Company, Mount Pleasant, Penn- sylvania, who were employed during the pay-roll period ending May 17, 1941, including watchmen, employees who did not work dur- ing said 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 executives, foremen, assistant foremen, nurses, timekeepers, clerical and office employees, and employees who have quit or been discharged for cause, to determine whether or not they desire to be represented by American Flint Glass Workers Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election.