Cadillac Automobile Co. of Boston

National Labor Relations Board - Board Decisions

Jun 20, 1950

90 N.L.R.B. 460 (N.L.R.B. 1950)

In the Matter of CADILLAC AUTOMOBILE COMPANY OF BOSTON, EM-
PLOYER and LOCAL 496 OF THE INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMER-
ICA, A. F. OF L. AND LODGE 1898, INTERNATIONAL ASSOCIATION OF
MACHINISTS, PETITIONER
Case No. 1-RC-1214
SUPPLEMENTAL DECISION
AND
ORDER AMENDING CERTIFICATION OF
REPRESENTATIVES
June 20, 1950
On December 8, 1949, the Board issued a Decision and Direction of
Election in the above-entitled case.' Following the election, which
was conducted on January 6, 1950, the Regional Director for the First
Region issued, on January 16, 1950, a Certification of Representatives,
certifying Local 496 of the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. of L.,
herein called the Teamsters, and Lodge 1898, International Associa-
tion of Machinists, as the joint collective bargaining representative
of employees in the unit previously found to be appropriate by the
Board.
On March 23, 1950, the joint Petitioner moved to amend the Cer-
tification of Representatives by substituting therein "Local 841" for
"Local 496" of the Teamsters, the same international labor organiza-
tion. On April 10, 1950, the Board issued and served tip on all parties
a notice to show cause why the motion should not be granted. On
April 20, 1950, the Employer filed an affidavit of cause, opposing the
motion and alleging that Local 841 is a different labor organization
from Local 496; that the motion is therefore a motion to certify a
new and different bargaining representative from that originally
chosen by the employees and certified; and that no provision of the
Act authorizes certification except upon petition for investigation and
certification under Section 9 of the Act.
' Unpublished. '
90 NLRB No. 85.
460
CADILLAC AUTOMOBILE COMPANY OF BOSTON 461
On May 2, 1950, the Board remanded the case to the Regional Direc-
tor for hearing on the issues. On May 17, 1950, the hearing was held
before Torbert H. Macdonald, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following
supplemental findings of fact :
On January 16, 1950, at the time of the issuance of the Certification
of Representatives in this proceeding, Local 496 of the Teamsters had
jurisdiction under its charter to represent employees in various indus-
tries within the Boston, Massachusetts, area. Thereafter, members
of Local 496 who were employed in the automotive industry in that
area, with the permission of Local 496, applied to the Teamsters for the
issuance of a charter for a new local restricted. to employees in the
automotive industry. The Teamsters granted the application and
chartered Local 841 for member employees in the automotive industry.
Thereafter, all members of Local 496 who worked in the automotive
industry were transferred by the Teamsters from Local 496 to Local
841. Local 496 and Local 841 thereafter continued to function as
locals of the Teamsters in the area.
In our opinion sufficient cause has not been shown why the motion
of the joint Petitioner should not be granted? We will therefore
grant the motion.
ORDER
IT IS HEREBY ORDERED that the Certification of Representatives issued
to Local 496 of the International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, A. F. of L., and Lodge
1898, International Association of Machinists, be, and it hereby is,
amended by substituting therein "Local 841" for "Local 496" of the
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, A. F. of L.3
CHAIRMAN HERZOG and MEMBER REYNOLDS took no part in the con-
sideration of the above Supplemental: Decision and Order Amending
Certification of Representatives.
MEMBER Ml7RDOCK, dissenting :
I disagree with the action of my colleagues in "amending" a certif-
icate issued last January to Local 496 of the Teamsters, by substi-
tuting Local 841 in lieu of Local 496 as the bargaining representative
of this Employer's employees. Both of these locals are presently in
2 Missouri Service Company, 87 NLRB 1142.
1 This amendment is not to be construed as a recertification.
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
existence. The employees voted to be represented by Local 496; they
did not vote to be represented by Local 841. I do not believe the
fact that members of the automotive group in Local 496' obtained a
charter from the international union as Local 841, and that the Team-
sters then transferred the members of Local 496 who were in the
automotive group to the new Local 841, is sufficient justification to
warrant transferring the certificates. Both of these locals are of
the amalgamated type, having members among several employers..
We do not even know whether this Employer's employees, who selected
Local 496 as their bargaining representative, approve of the transfer
of membership and the substitution of Local 841 as their bargaining
representative, assuming that such a change can be made short of
a new election. I regard the instant case where Locals 496 and
841 are both in existence as distinguishable from Missouri Public
Service Company, 87 NLRB 1142, cited by my colleagues. There,.
the certified local merged with another local, passing out of existence,.
and the record showed that "all officers and members" of the certified
local transferred their membership to the second local. Although
the Board transfers the certificate in the merger cases the instant
case falls under the general rule stated in an order denying an amend-
ment to the certificate in The Murray Company, 16-RC-2, 5, that "it
is contrary to Board practice to change the bargaining representative
for a certified unit without conducting an election among the em-
ployees in the unit affected by the proposed change of bargaining
representative."