Bowen Products Corp.

National Labor Relations Board - Board Decisions

Apr 6, 1950

89 N.L.R.B. 235 (N.L.R.B. 1950)

In the Matter of BOWEN PRODUCTS CORPORATION , EMPLOYER and INTER-
NATIONAL UNION, UNITED AI TOMOBILE , AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER
Cases Nos. 3-RC-384 and 3-RC-399.-Decided April 6, 1950
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, an order of the Regional Director
consolidating the above cases was duly made and filed on January 10,
1950. A hearing on the consolidated case was held before Jerold B.
Sindler, 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 [Members Reynolds, Murdock, and
Styles].
Upon the entire record in the consolidated case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, CIO, its affiliate Local 611,
and United Electrical, Radio and Machine Workers of America 1 are
labor organizations claiming to represent employees of the Employer.
3. The United Electrical, Radio and Machine Workers of America
(hereinafter referred to as the Intervenor) urges as a bar to this pro-
ceeding two collective bargaining agreements entered into between the
Employer and the United Farm Equipment and Metal Workers of
America, CIO (hereinafter referred to as the FE) and its Locals
194 and 194-A.2 In support of its position, the Intervenor alleges
' United Electrical , Radio and Machine Workers of America was permitted to inter-
vene in this proceeding on the basis of a claim to existing contractual interests.
2 The: agreement of Local 194 was originally executed on July 15 , 1946 , and was sup-
plemented by new agreements , the last of which was signed on July 28, 1949 , extending
the effective term of the agreement until July 28, 1951. By this agreement , the. Em-
ployer recognized the FE and Local 194 as the collective bargaining agent for a unit
of production and maintenance employees employed at its Auburn, New York, plant,
89 NLRB No. 20.
235
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that by reason of a merger 3 with the FE the Intervenor has succeeded
to the rights, property, and assets of the FE, including the rights and
interests of the latter organization in the agreements in question'
The Petitioner contends in effect that the agreements are not a bar to
this proceeding. In support of its, position,, the Petitioner urges that
Locals 194 and 194-A have disaffiliated from the FE and that the
Intervenor has not acquired under its' assignment of interest the right
to represent any employees 5 in either of the units for which representa-
tion is sought in this proceeding. The Employer takes no position on
the issues but refuses to recognize the Petitioner until certified by the
Board.
With respect to the disaffiliation of Locals 194 and 194-A, the record
discloses that on October 14, 1949, the officers of District #6 of FE,
representing 11 locals of that organization, including Locals 194 and
194-A., having met for the purpose of challenging the legality 6 of the
action of the governing board of FE in voting for its affiliation with
the Intervenor, adopted a resolution disapproving the affiliation of
the parent organization with the Intervenor and affirming its inten-
tion to function under the jurisdiction of the national C10.7 On
October 17, 1949, at a special meeting of Local 194, attended by more
than 100 members of the approximately 135 employees in the unit, the
membership endorsed the resolution of the District group and in turn
adopted a resolution by unanimous vote to disaffiliate from the FE
and to affiliate with the Farm Equipment and Metal Workers Division
of the Petitioner, authorizing Local 194 and the Petitioner to represent
them as their collective bargaining agent.8 At a special meeting held
excluding office and clerical workers and other employees. The agreement of Local
194-A, executed on July 28 , 1949 , was effective for a period of 6 months and for annual
periods thereafter unless otherwise terminated by a notice in writing sixty ( 60) days
prior to any current expiration date. The latter agreement recognized the FE and
i94-A as the bargaining agent for a unit of office and clerical employees with certain
appropriate exclusions.
' The merger was stated to have been consummated on November 28, 1949.
4 Cf. Michigan Bell Telephone Company, 85 NLRB 303.
5 Testimony of the Intervenor's representative is to the effect that it has at least
seven members among the employees . The witness, however, was unable to identify
any of such members . Nor did the Intervenor claim that its members made up Locals
194 and 194-A or that it had chartered new locals among these employees.
6 See Aversa v. Oakes , New York Supreme Court, New York County , Special Term,
Part III [25 LRRM 2105] wherein the Court denied the plaintiff 's motion to enjoin the
merger of FE and the Intervenor and the transfer of FE'S property and assets to the
Intervenor.
_ 7 At the time of the adoption of the resolution both the Intervenor and the FE were
still affiliates of the CIO.
It further appears from the record that a grievance committee which had been func-
tioning under the contract executed by Local 194 continued to handle grievances of
employees as such grievance commmittee of Local 194 until December 21, 1949, when
Local 194 was succeeded by Local 611, chartered by the Petitioner, with all its former
officers continuing An the . same ,capacity as officers of the , new local . The grievance
committee- now claims that it is administering the contract on behalf-of Local 611, but
no evidence was presented at the hearing that any grievances which required processing
had arisen-after December 21, 1949.
BOWEN PRODUCTS CORPORATION 237
on December 6, 1949, attended by 10 of the 12 employees in the office
and clerical unit, Local 194-A adopted similar resolutions by a unani-
mous vote of those present.° The foregoing facts are relied upon by
the Petitioner to negative the Intervenor's contention that the afore-
said agreements constitute a bar to this proceeding.
These facts reveal a breakdown in the normal bargaining relation-
ship between the Employer and the preexisting bargaining representa-
tive of its employees. As we have recently held under similar circum-
stances,10 such confusion in the collective bargaining process hinders
rather than promotes stability in labor relations. Without deciding
property rights or collective bargaining duties of the parties with
reference to the current agreements, we find that those agreements are
not a bar to a present determination of representatives.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. We find, in accordance with the agreement- of the parties, that
the following employees constitute separate units appropriate for the
purposes of collective bargaining within-the meaning of Section 9 (b)
of the Act :
(a) All production and maintenance employees employed by the
Employer at its Auburn, New York, plant, excluding office and clerical
employees, administrative employees, time-study men, timekeepers,
factory clerks, assistant foremen, first-aid attendants, nurses, profes-
sional employees, guards, and all other supervisors as defined in the
Act.
(b) All office and clerical employees, nurses, draftsmen, and time-
keepers employed by the Employer at its Auburn, New York, plant,
excluding all production and maintenance employees, confidential sec-
retaries to plant manager and plant sales manager, personnel clerk in
labor relations work, time-study engineers, and all other professional
.employees and supervisors as defined in the Act.
DIRECTION OF ELECTIONS.11
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, separate elections by
O There is no evidence in the record as to whether Local 194-A was succeeded by a
local chartered by the Petitioner.
° Boston Machine Works Company, 89 NLRB 59. Board Member Reynolds adheres to
the views expressed in his dissenting opinion in the Boston Machine Works case, but
deeming himself bound by the decision of a majority of the full board, will follow the
Board's decision in that case hereafter without further expression of dissent.
11 Any participant in the elections directed herein may , upon. its prompt request to, and
approval thereof by, the Regional Director , have its name removed from the ballot.
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the National Labor
Relations Board Rules and Regulations , among the employees in the
units described in paragraph numbered 4, above, who were employed
during the payroll period immediately preceding the date of this Di-
rection of Elections , 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, reinstated prior to
the dates of the elections , and also excluding employees on strike who
are not entitled to reinstatement , to determine :
(1) Whether employees in unit ( a), above, desire to be represented
for purposes of collective bargaining by International Union, United
Automobile , Aircraft, and Agricultural Implement Workers of Amer-
ica, (UAW-CIO) ;12
(2) Whether employees in unit ( b), above, desire to be represented
for purposes of collective bargaining by International Union, United
Automobile, Aircraft, and Agricultural Implement Workers of Amer-
ica (UAW-CIO).13
u Since it appears that Locals 194 and 194 -A have some members in the plant and in the
absence of a clear showing by the Intervenor that these locals are no longer in existence,
the Intervenor is omitted from the ballot because of the failure of its locals to comply with
the filing requirements in Section 9 (f), (g), and ( h) of the Act . In the event that Locals
194 and 194-A effect compliance with such requirements ' within 2 weeks from the date of
this Direction, the Regional Director is instructed to accord the Intervenor a place on the
ballot in the election hereinabove directed.
13 See footnote 12.