Aluminum Co. of America

National Labor Relations Board - Board Decisions

Sep 28, 1949

86 N.L.R.B. 189 (N.L.R.B. 1949)

In the Matter of ALUMINUM COMPANY OF AMERICA, EMPLOYER and
PATTERN MAKERS' ASSOCIATION OF DETROIT AND VICINITY, AFFILIATED
WITH THE PATTERN MAKERS' LEAGUE OF NORTH AMERICA, A. F. OF L.,
PETITIONER
Case No. 7-RC-590.-Decided September 28,1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Herman Coren-
man, hearing officer of the National Labor Relations Board. The
hearing officers' rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog, and Members
Houston and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
On May 8, 1947, the Employer and United Steel Workers of Amer-
ica, CIO, the Intervenor herein, entered into a contract covering em-
ployees, including pattern workers, at the *Employer's Detroit
Michigan, aluminum-processing plant, effective until May 31, 1949,
"and thereafter until terminated by thirty _(30) days' notice in writ-
ing." On June 25,1948, the Employer and the Intervenor entered into
a "Wage Increase Agreement," extending their original contract, in-
cluding its renewal provisions, to May 31, 1950. On June 2, 1949, the
Petitioner wrote to the Employer claiming to represent the pattern
makers, and on June 10, 1949, the Petitioner filed the instant petition,
seeking to represent pattern makers at the plant.
SG N. L. R. B., No. 31.
189
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer and the Intervenor contend, and the Petitioner de-
nies, that the current contract constitutes a bar to a present election.'
We agree with the Employer and the Intervenor. The current con-
tract, which superseded the original contract,2 is for a fixed and reason-
able term until May 31, 1950.3 The fixed term of the original contract
of May 8, 1947, which was cut short by the later agreement of June 25,
1948, elapsed before the Petitioner made any claim to represent em-
ployees covered by the contract, and the making of the second contract
before the natural expiration of the fixed term of the first contract was
not prejudicial to the Petitioner.' Under these circumstances, we find
that the current contract is a bar to a present. election. We shall there-
fore dismiss the petition, without prejudice, however, to the filing of
a new petition a reasonable time before May 31, 1950,.
ORDER
Upon the entire record in the case, the National Labor Relations
Board hereby orders that the petition herein be, and it hereby is
dismissed.
.. ' As we are dismissing the petition on this ground, we find it unnecessary to consider the
other issues raised at the hearing.
2 Matter of The United States Finishing Company, 63 N. L. R. B. 575.
3 Matter of Reed Roller Bit Company, 72 N. L. R. B. 927.
4 Matter of Greenville Finishing Company, Inc., 71 N. L. R. B. 436. Matter of Don Juan,
Inc., 71 N. L. R. B. 734.