Anderson & Benson Corp.

National Labor Relations Board - Board Decisions

Feb 13, 1950

88 N.L.R.B. 657 (N.L.R.B. 1950)

In the Matter of ANDERSON & BENSON CORPORATION, EMPLOYER and_
JOHN P. CHRISTENSEN, PETITIONER and LOCAL 404, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, AFL, UNION
Case No. 1-RD3. Decided February 13, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before Robert S: Fuchs, hearing officer. The hearing officer's 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 Murdock].
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 Petitioner, an employee of the Employer, asserts that the
Union is no longer the representative of the Employer's employees
as defined in Section 9 (a) of the Act.
The Union, a labor organization, was certified by the Board in
November 1948 1 as the bargaining representative of employees of
the Employer.
3. Following its certification, the Union entered into a collective
bargaining contract with the Employer. On December 31, 1949, the
Employer gave timely notice of its intention to terminate the contract.
Although no contract has since been executed, there is no evidence to
indicate that the Union has renounced its claim to represent the em-
ployees involved.2
1-RC-742.
2 See California Consumers Corporation, 82 NLRB 484.
88 NRLB No. 142.
657
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act :
All truck drivers, helpers , and furniture movers at the Employer's
Springfield , Massachusetts , plant, but excluding executives , office and
clerical employees , professional employees , guards, and supervisors
as defined in the Act.3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees- who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Local 404, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, AFL.
3 The composition of the unit is the same as that in 1-RC-742.