Butler Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 1, 1967

167 N.L.R.B. 308 (N.L.R.B. 1967)

308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Butler Manufacturing Company, Employer and
Butler Independent Union , Petitioner. Case
10-RC-7107
September 1, 1967
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND BROWN
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer H. Carlton
Bryan, Jr. A brief was filed by the Intervenor,
Shopmen's Local Union No. 539 of the Interna-
tional Association of Bridge, Structural and Orna-
mental Iron Workers, AFL-CIO. I
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.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby af-
firmed.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act.
2. The Intervenor contends that the Petitioner
is not a labor organization within the meaning of
Section 2(5) of the Act.2 It specifically alleges that
the entity called the Butler Independent Union has
never actually come into existence and that the
Petitioner does not have the requisite intent and
purpose of representing the Employer's employees
for purposes of collective bargaining. It points out
that the Petitioner does not have a constitution or
bylaws, and collects no dues or initiation fees.
Despite this lack of formality in its structure, it may
still be a labor organization within the broad mean-
ing given that phrase in Section 2(5).3 During the
Local No 539 was permitted to intervene, without objection, on the
basis of its current contractual interest in the employees involved herein
' Although the parties did not stipulate that the Intervenor is a labor or-
ganization within the meaning of the Act, it is clear that it meets the statu-
tory definition, as it has been bargaining with the Employer on behalf of
the employees involved herein concerning wages, hours, and other work-
ing conditions and admits employees to membership
See. e g . Stewart Die Casting Division (Bridgeport) of Stewart
Warner Corporation, 123 N LRB 447
4 Iowa Packing Company, 125 NLRB 1408.fn 3
Cf. Hughes Tool Company, 147 N LRB 1573
167 NLRB No. 39
hearing herein, the chairman of the organizing com-
mittee testified unequivocally that the Petitioner ad-
mits employees to membership, it was established
for the purpose of representing the employees
herein, and it intends to do so if certified. Ac-
cordingly, we find it is a labor organization within
the meaning of Section 2(5) of the Act.4
The Intervenor contends further that the Peti-
tioner does not intend to fulfill its bargaining obliga-
tion if certified, but to affiliate with another labor
organization immediately after certification. How-
ever, it would be premature and inappropriate at
this time to consider the possibility suggested by the
Intervenor that this still uncertified independent
union would affiliate with another labor organiza-
tion if it should win an election. Correlative to the
Board's power to certify labor organizations pur-
suant to Section 9(c) of the Act is its authority to
police its certification.--, Further, if after certification
there is a movement for affiliation with another
labor organization, the Board has provided
procedures through which to test the propriety of
such an affiliation.6
3. A question affecting commerce exists con-
cerning the representation of certain employees of
the Employer within the meaning of Section 9(c)(1)
and Section 2(6) and (7) of the Act.
4. As stipulated by the parties, the following em-
ployees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
All production and maintenance employees
employed at the Company's Birmingham,
Alabama, plants but excluding superintend-
ents, assistant superintendents, general
foremen, foremen, assistant foremen, super-
visors, guards, office janitors, time keepers,
time clerks, clerks, office employees, sales or
service representatives, engineers , draftsmen,
nurses and inspectors, and employees engaged
in erection or construction work.
[Direction of Election? omitted from publica-
tion. ]
See. e g . Minnesota Mining and Manufacturing Company, 144
NLRB 419
7 An election eligibility list, containing the names and addresses of all
the eligible voters, must be filed by the Employer with the Regional
Director for Region 10 within 7 days after the date of this Decision and
Direction of Election. The Regional Director shall make the list available
to all parties to the election. No extension of time to file this list shall be
granted by the Regional Director except in extraordinary circumstances
Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed Excelsior Underwear
Inc., 156NLRB 1236