Atlantic-Pacific Manufacturing Corp.

National Labor Relations Board - Board Decisions

Sep 5, 1958

121 N.L.R.B. 783 (N.L.R.B. 1958)

ATLANTIC-PACIFIC MANUFACTURING CORPORATION 783
that the Petitioner's objections do not raise substantial or material
issues affecting the results of the election and they are hereby over-
ruled Accordingly, as the Petitioner failed to secure a majority of
the valid ballots cast, we shall certify the results of the election
[The Board certified that a majority of the valid ballots was not
cast for either Automotive, Petroleum, Cylinder and Bottled Gas,
Chemical Drivers, Helpers and Allied Workers, Local No 922,
I B T , or Retail Clerks International Association, Retail Automo-
tive Salesmen's Union, Local 1391, AFL-CIO, and that neither of
the said organizations is the exclusive representative of the Em-
ployer's employees in the unit found appropriate ]
Atlantic-Pacific Manufacturing Corporation, Petitioner and
Marine Allied Workers Division , Seafarers International Union
of North America, Atlantic & Gulf District, AFL-CIO and
Local 1205, International Brotherhood of Teamsters
Atlantic-Pacific Manufacturing Corporation and Local 1205,
International Brotherhood of Teamsters , Petitioner
Atlantic-Pacific Manufacturing Corporation and Life Saving
Equipment Employees Union, Inc., Petitioner . Cases Nos
2-RM-856, f -RC-9094, and 0-RC-9144. September 5, 1958 '
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon petitions duly filed, a consolidated hearing was held before
a hearing officer of the National Labor Relations Board His rulings
made at the hearing are free from prejudicial error and are affirmed.
Pursuant to Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers herein to a three-member panel
[Members Rodgers, Bean, and Jenkins]
Upon the entire record, the Board finds
1 The Employer is engaged in commerce within the meaning of
the Act
2 The labor organizations named below claim to represent certain
employees of the Employer 1
On June 11, 1957, the Employer filed its petition in Case No 2-11M--856, alleging
that the Marine Allied Workers Division , Seafarers International Union of North America,
Atlantic & Gulf District, herein called the MAWD , and Local 1205, International Brother-
hood of Teamsters, herein called the IBT, claimed to represent its employees The two
unions had been engaged in a joint campaign at the Employer 's plant, which culminated
in a June 10 IBT oral demand for recognition on behalf of the Employer 's five truck-
drivers On June 11, the drivers struck and commenced picketing While so engaged,
they received strike benefits from the MAWD and passed out its circulars The Employer
then requested a conference with the two unions which was held on June 11, at MAWD
headquarters When the Employer asked if the truekdrivers would go back to work if it
121 NLRB No 115
784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists concerning the represen-
tation of certain employees of the Employer, within Section 9 (c) (1)
and Section 2 (6) and (7) of the Act .2
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within Section
9 (b) of the Act: I
All production and maintenance, warehousemen and shipping
employees at the Employer's Brooklyn, New York, marine life saving
and water sports equipment manufacturing plant, excluding office,
professional , and clerical employees , watchmen , guards , and super-
visors as defined in the Act.
[The Board dismissed the petition in Case No. 2-RC-9094.]
[Text of Direction of Election 4 omitted from publication.]
signed with the IBT, the IBT replied "No, if there was a picket line there ." In other
words, it would appear that to remove the pickets, the Employer would have to sign with
both unions. Although the IBT alone made the joint demand, we will not absolve the
MAWD from responsibility . Its silent acquiescence was tantamount to an implied demand
by the MAWD which raises also , as to it, a question concerning representation . We note
also, in this connection , that the New York State Supreme Court similarly found that
the two unions had demanded a "package deal whereby the [Employer] would have to
sign up with" both unions.
Although the picketing was subsequently enjoined on November 27, by the New York
Court and the injunction was affirmed on appeal , the MAWD continued financing the
truckdrivers, at least to the hearings herein on June 23, 1958, when it reiterated that it
had no interest in the Employer 's employees . Such continued payments reflect conduct
inconsistent with unequivocal disclaimer . Accordingly , we find that despite the injunction
against picketing , the MAWD is maintaining a present interest in the Employer's em-
ployees sufficient to warrant placing it on the ballot in the election directed herein.
2 On August 20, 1957 , the IBT petitioned in Case No . 2-RC-9094 for a unit of truck-
drivers. Subsequently, the Employer sold its trucks and contracted out all work previ-
ously done by drivers . As the Employer no longer employs drivers , we find that the IBT
petition raises no question concerning representation and we shall dismiss it.
3 The Employer and the Life Saving Equipment Employees Union, Inc, called the
LSEEU, the petitioner in Case No . 2-RC-9144 , substantially agree to the unit of produc-
tion and maintenance employees . Contrary to the LSEEU, we shall not include truck-
drivers as the Employer no longer has such job category. -
• As the jobs of the five truckdrivers were effectively abolished when the Employer
terminated its trucking operations and as the unfair labor practice charges relating
thereto were dismissed by the Regional Director , we find these former strikers are in-
eligible to vote in the election herein. Meridian Plastics , Inc., 108 NLRB 203, at p. 205.
The pending appeal from the dismissal of the unfair labor practice charges will not affect
our direction of an immediate election . McQuay, Incorporated, 107 NLRB 787.
Spencer Press Incorporated and Retail , Wholesale and Depart-
ment Store Union , AFL-CIO, Chicago Joint Board, Petitioner.
Case No. 13-RC-5749. September 8,1958
DECISION, DIRECTION, AND ORDER
On October 29, 1957, pursuant to a stipulation for certification. upon
consent election , an election by secret ballot was conducted under the
121 NLRB No. 106.