Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 19, 1947

72 N.L.R.B. 855 (N.L.R.B. 1947)

In the Matter Of ALLIS-CHALMERS MANUFACTURING COMPANY and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL
No. 613, AFFILIATED WITH C. 1. O.
Case No. 6-C-1023
ORDER
February 19, 1947
At the hearing in the above-mentioned case, upon completion of
the Board's presentation of evidence, Allis-Chalmers Manufacturing
Company, the respondent herein, filed with the Trial Examiner a
Motion to Dismiss the Complaint on the grounds that :
(a) the evidence presented in support thereof did not establish
violation of the National Labor Relations Act, and
(b) in any event, the issues involved herein became moot when
the Company and the Union executed a collective bargaining
agreement on September 16, 1946.
This motion having been denied by the Trial Examiner, the re-
spondent filed a petition with the Board requesting leave to take an
interlocutory appeal from the Trial Examiner's ruling, which petition
was granted. Briefs on the motion have been submitted to the Board
by the respondent and by counsel for the Board, a telegram in opposi-
tion to the motion has been received from the Union, and the Board
has duly considered the matter.
The respondent's motion is denied. As we are nevertheless, for the
reasons stated below, dismissing the complaint without prejudice, we
deem it unnecessary to pass upon the first ground urged by the re-
spondent in its motion to dismiss. As to the second ground, execution
by the parties of- a collective bargaining agreement after the institu-
tion of this proceeding does not render moot the question of whether
or not the respondent previously violated Section 8 (5) of the Act by
refusing to bargain with the Union.
Nevertheless, execution of the contract, which provides that it shall
remain in effect until April 15, 1948, does render unnecessary at this
time an affirmative order of the Board in this case requiring the re-
spondent to bargain with the Union. Furthermore, completion of the
72 N. L. R. B., No. 140. _
855
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hearing and processing of the case would require a substantial expendi-
ture of time , when the Board has a heavy case load requiring attention,
and is operating under serious budgetary limitations.
We are of the opinion that under these circumstances the larger
purposes and policy of the Act would not be effectuated by our pro-
ceeding further in this case . Accordingly , we shall dismiss the com-
plaint, without prejudice to our-consideration of the matters covered
therein in an appropriate manner in any new proceeding which may
be instituted in the event that the respondent is at some future time
charged with the commission of unfair labor practices.
There are no disputed issues of fact to be considered in disposing
of this motion , the question of mootness is a simple legal issue, the
arguments have been adequately presented in the briefs filed by the
respondent and by counsel for the Board, and we are dismissing the
complaint on grounds of administrative policy. - The oral argument
requested by the respondent on its motion to dismiss is therefore
deemed unnecessary and is hereby denied.
IT IS HEREBY ORDERED that the complaint issued against Allis-
Chalmers Manufacturing Company, Pittsburgh, Pennsylvania, be,
and it hereby is, dismissed without prejudice.
CHAIRMAN HERZOG took no part in the consideration of the above
Order.