Atlantic Mills Servicing Corp. of Cleveland, Inc.

National Labor Relations Board - Board Decisions

Aug 14, 1957

118 N.L.R.B. 1023 (N.L.R.B. 1957)

ATLANTIC MILLS SERVICING CORPORATION OF CLEVELAND, INC. 1023
time basis, leaving at the most 10 employees who are neither supervisors
.nor guards . There are no significant differences in working conditions
between the baling and shipping seasons and many of the transient
employees hired during the baling season do the same work in the
fields on the stacks that is done by those employees hired for the ship-
ping season. Although as permanent residents of the area there is a
greater likelihood that those previously employed for the shipping
season will be reemployed, we do not believe that this factor is alone
sufficient reason for establishing a unit limited to some of the seasonal
employees.' As the Petitioner does not wish to represent all the
seasonal employees, we find that its proposed unit is inappropriate for
bargaining purposes and we shall, therefore, dismiss the petition filed
herein.
[The Board dismissed the petition in Case No. 15-RC-1595.]
8 Oregon Frozen Foods Company and Ore-Ida Potato Products , Inc., 108 NLRB 1668.
Atlantic Mills Servicing Corporation of Cleveland , Inc., and its
subsidiaries Atlantic Mills Menswear of Cleveland , Inc., At-
lantic Mills Fashions of Cleveland, Inc., Atlantic Mills Chil-
dren 's Apparel of Cleveland , Inc., Atlantic Mills Accessories of
Cleveland , Inc., and/or Virginia Dare Stores Corporation and
Retail Clerks International Association , Local 41, AFL-CIO,
Petitioner. Case No. 8-RC-2787. August 14,1957
ORDER GRANTING MOTION TO AMEND PETITION
On February 8, 1957, pursuant to a Decision and Direction of Elec-
tion issued by the Board, on January 16, 1957,' an election by secret bal-
lot was conducted in the above-entitled matter under the direction and
supervision of the Regional Director for the Eighth Region. Upon
the conclusion of the election, a tally of ballots was duly served upon
the parties. The tally of inxtllots showed that there were approximately
40 eligible voters and that 40 ballots were cast, of which 15 were for
the Petitioner, 21 were against the Petitioner, and 4 were challenged.
On February 13, 1957, the Petitioner filed timely objections to the
election. The Regional Director investigated the objections and, on
June 12, 1957, issued and duly served upon the parties his report on
objections. In this report, the Regional Director recommended that
certain of the Petitioner's objections be sustained and others be over-
ruled. He further recommended that the election be set aside. No
exceptions were filed to the Regional Director's report by any of the
114 NLRB 65.
118 NLIIB No. 132.
1024 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
parties within the time provided therefor. Accordingly, on July 2,
1957, the Board adopted the recommendations contained in his report,
ordered that the election of February 8, 1957, be set aside, and directed
that a second election be conducted.
On July 1, 1957, the Petitioner filed with the Board a motion to
amend petition. In this motion, the Petitioner stated that, on April
30, 1957, pursuant to a reorganization of Retail Clerks' unions in the
Cleveland, Ohio, area, the Petitioner and Retail Drug Store Clerks
Local 489 merged with Retail Store Employees Union Local 880, all
affiliated with Retail Clerks International Association, AFL-CIO;
that all books , records , and assets , as well as collective -bargaining
contracts to which the Petitioner is a party , have been turned over
to Retail Store Employees Union Local 880; and, that the employees
of the Employer will continue to be serviced by the same agents, offi-
cials, and organizers of the Petitioner. The Petitioner therefore re-
quested that the petition filed herein be amended to substitute the
name of Retail Store Employees Union Local 880 for the name of the
Petitioner.
On July 5, 1957, the Employer filed with the Board a motion in
which it urged that the petition herein be dismissed, or alternatively,
that Retail Store Employees Union Local 880 be required to submit a
new showing of interest to support the petition in the event the Board
grants the Petitioner's motion. In support of its contention that the
petition be dismissed, the Employed relies upon Dickey, et al. v.
N. L. R. B., 217 F. 2d 652 (C. A. 6). In that case, the court found
that the employer did not violate the Act by refusing to bargain with
an international union which had succeeded to the certification of
another international union through a merger. In doing so , the court
pointed out that the successor union which claimed bargaining rights
was in no way concerned with the election which resulted in the cer-
tification of its predecessor , and noted that the members of the prede-
cessor union would lose their voice in the administration of their af-
fairs because the successor union was larger than the predecessor and
the officers and agents of the latter assumed no substantial positions
of control in the successor union. In our opinion , the Dickey case is
clearly distinguishable from the case herein, for here, the Petitioner
merely seeks to substitute the name of a successor labor organization on
a petition which it filed for an election to determine the bargaining
representative of the Employer 's employees . In such election, the em-
ployees will have the opportunity to accept or reject the new union and,
if this union is successful and achieves a certification , the. Employer
will be under a duty to deal with this certified union alone. More-
over, the moving papers indicate that the officials and agents of the
Petitioner will continue to service the Employer 's employees in the
ATLANTIC MILLS SERVICING CORPORATION OF CLEVELAND, INC. 1025
event that Retail Store Employees Union Local 880 becomes their ex-
clusive representative. Under the circumstances, the Employer's mo-
tion to dismiss the petition is denied.
With respect to the Employer's alternative contention that Retail
Store Employees Union Local 880 should be required to submit a new
showing of interest in the event the Employer's motion to dismiss the
petition is denied, the Employer contends that such action is dictated
by our decision in Mohawk Business Machine Corp., 118 NLRB 168.
We do not agree. In the Mohawk case, a petitioning local union
which was affiliated with one international union moved at the hearing
to amend its name to reflect its new affiliation with another interna-
tional union. The Board granted the motion to amend. However,
because the authorization cards submitted at the time of the filing of
the petition had been signed by employees when the petitioning local
was affiliated with a different international union than that whose
name it sought to substitute, the Board ordered that the petitioning
local be required to submit a new showing of interest on the ground
that the authorization cards signed by employees when the petitioner
was affiliated with the United Electrical Workers, Independent, were
not indicative of the employees' desire to be represented by the peti-
tioner as an affiliate of another international. In the instant case, the
substitution of names which the Petitioner requests involves merely
the substitution of the name of one local of the same international
union for the name of another. We do not believe that employees who
signed cards for one local of this International would be affected in
their desire for representation merely by the substitution of the name
of another local. We therefore conclude that our decision in
Mohawk is inapplicable to the facts of this case and we shall grant
the Petitioner's motion to amend the petition by substituting the name
of Retail Store Employees Union Local 880 for that of the Petitioner
without the requirement that the former union submit a new showing of
interest. Accordingly, the Employer's motion to dismiss the peti-
tion, or alternatively, to require the Retail Store Employees Union
Local 880 to submit a new showing of interest in support of the
petition, is denied.
ORDER
IT IS HEREBY ORDERED that the Petitioner's motion to amend the
petition in Case No. 8-RC-2787 by substituting the name of Retail
Store Employees Union Local 880, Retail Clerks International Asso-
ciation, AFL-CIO, for the name of Local 41, Retail Clerks Interna-
tional Association, AFL-CIO, be, and it hereby is, granted.
CHAIRMAN LEEDOM and MEMBER JENKINS took no part in the consid-
eration of the above Order Granting Motion To Amend Petition.
450553-58-vol. 118-66