Ben Forman & Sons, Inc.

National Labor Relations Board - Board Decisions

Dec 17, 1957

119 N.L.R.B. 1099 (N.L.R.B. 1957)

BEN FORMAN & SONS, INC. 1099
in the inspection department, but excluding executives, office and
clerical employees, salesmen, lake testers, layout inspectors, laboratory
employees, professional employees, guards, watchmen, and supervisors
as defined in the Act.
B. All paint and final line inspectors, excluding all other employees.
If a majority of the employees in voting group B vote against repre-
,senation by either union, they will be taken to have indicated their
desire to be, and they will be, excluded from the production and main-
tenance unit. If a majority vote for representation, their ballots will
be pooled with those of the employees in the voting group A and the
two groups will constitute a single appropriate unit. The Regional
.Director is instructed to issue certification of representatives or
certification of results as dictated by the outcome of the elections herein.
I
[Text of Direction of Elections omitted from publication.]
Ben Forman & Sons, Inc. and Local 810, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen & Helpers,'
Petitioner. Case No. 2-RC-8946. December 17, 1957
DECISION AND, DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Harry E. Knolton, hearing
oofficer. 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 Leedom and Members
.Bean and Jenkins].
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 named below claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.2
I The Board having been notified by the AFL-CIO that it deems the Teamsters' certifi-
ecate of affiliation revoked by convention action, the identification of this Union is hereby
amended.
a The Intervenor , Local 875 , International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers , contends that a 1952 collective-bargaining agreement between the
.Employer and Local 512 , Amalgamated Miscellaneous , Production and Cleaners Union,
AFL, bars this petition . The Intervenor, chartered in March 1954 , asserts that it became
the successor in interest to this contract in that year when Local 512 ceased to exist,
119 NLRB No. 136.
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All production and maintenance employees at the Employer's New
York City, New York, plant, excluding salesmen, office clerical em-
ployees, watchmen and guards, executives and supervisors as defined
in the Act.
[Text of Direction of Elections omitted from publication.]
and that it has since then represented the employees under the terms of the contract. By
its terms the contract provides for an initial 2-year fixed period , from 1952 to 1954, and
for 2 automatic biennial renewals thereafter until 1958 in the absence of written notice
by the Employer to terminate the agreement . The contract contains no provision for the
Union to end the contract. It does not appear that the Employer ever exercised its uni-
lateral privilege to terminate the contract. It thus appears that with respect to the union
party this is a binding contract for a full 6-year period, and with respect to the employer
party it is terminable at will at fixed times after the first 2-year period . However viewed,,
either as a contract of unreasonable duration or as one terminable at will, it cannot bar
an election after its initial 2-year term . Dryden Rubber Division, Sheller Manufacturing,
Corporation, 110 NLRB 1652; Rohm and Haas Company , 108 NLRB 1285. Without
deciding, therefore, whether the Intervenor is in fact the successor in interest to the
contract, we find that the agreement does not bar the present election and we hereby deny
the Intervenor's motion to dismiss.
3 As some of the employees have signed dues checkoff cards in favor of the Intervenor,
as the Employer has been dealing with officers of this Union , and in view of its colorable
contract claim, we shall accord the Intervenor a place on the ballot in this proceeding.
Hannaford Bros . Co. (T. R. Savage Division ) and Truck Drivers,
Warehousemen and Helpers Local Union 340, International
Brotherhood of Teamsters, Chauffeurs , Warehousemen and
Helpers of America 1
Hannaford Bros . Co. and Truck Drivers , Warehousemen and
Helpers Local Union 340, International Brotherhood of Team -
sters, Chauffeurs , Warehousemen and Helpers of America and
The Committee ( Truck Drivers), Party to the Contract and
The Committee (Warehousemen ), Party to the Contract. Cases
Nos. 1-CA-2069 and 1-CA-2070. December 18, 1957
DECISION AND ORDER
On December 19, 1956, Trial Examiner George A. Downing issued
his Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. The Trial Examiner also found
that the Respondent had not violated the Act in certain other respects.
'Herein called the Union. The Board having been notified by the AFL-CIO that it
deems the Teamsters ' certificate of affiliation revoked by convention action, the identifica-
tion of the Union is hereby amended.
119 NLRB No. 105.