Carrier Corp.

National Labor Relations Board - Board Decisions

Jul 1, 1946

69 N.L.R.B. 243 (N.L.R.B. 1946)

In the Matter Of CARRIER CORPORATION and DISTRICT 50, UNITED MINE
WORKERS OF AMERICA, A. F. OF L.
Ca.se No. 3-R-1204.-Decided July 1, 1,946
Hancock, Dore, Ryan & Shove, by Messrs. Stuart F. Hancock, John
E. Lynch, and 7'. M. Cunningham,, of Syracuse, N. Y., for the Com-
pany.
Mr. Harold B. Roitman, of Boston, Mass., and Mr. Frank Pod-
siadlik, of Syracuse, N. Y., for District 50.
Mr. Donald P. Gorman, of Syracuse, N. Y., and Mr. John Schreier,
of Washington, D. C., for the Federal Union.
Mr. Melvin J. Tl'clles, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition filed by District 50, United Mine Workers of
America, A. F. of L., herein called District 50, alleging that a questiom
affecting commerce had arisen concerning the representation of em-
ployees of Carrier Corporation, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Francis X. Helgesen, Trial Examiner. The
hearing was held at Syracuse, New York, on May 2, 1946. The Com-
pany, District 50, and Federal Labor Union No. 23983, A. F. of L.,
herein called the Federal Union, appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the hearing, the Federal Union moved to dismiss the peti-
tion on the ground that a contract is a bar to an election. The Trial
Examiner referred this motion to the Board. For reasons stated
hereinafter, the motion is denied. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board..
Upon the entire record in the case, the Board makes the following :.
69 N. L. R. 13, No. 26 248
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Carrier Corporation is a Delaware corporation, with its principal
office and place of business in Syracuse, New York. It is engaged in
the manufacture and sale of air-conditioning, refrigeration, and in-
dustrial heating equipment. During 1945 the Company purchased
raw materials valued in excess of $10,000,000, of which approximately
60 percent was shipped to its plant from points outside the State of
New York. The sales of the Company during the same period were
of a value in excess of $10,000,000, of which more than 80 percent was
shipped from its plant to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, and Federal Labor
Union No. 23983, are labor organizations affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has-refused District 50's request for recognition as
the bargaining representative of certain of its employees.
Carrier Employees' Association, an independent labor organization,
herein called the Association, was designated by the Regional Director
on June 4, 1945, as bargaining representative for employees of the
Company after a consent election in which the Association and District
50 appeared on the ballot. On July 24, 1945, the Association entered
into a contract with the Company, to be effective for one year, and to
continue for a like period thereafter, except that on or before June 15,
1946, either party might propose modifications, which if agreed upon
would then be incorporated into the contract. Qpp March 25, 1946,
District 50 filed the petition herein. Four days later the Association
was granted a charter by the American Federation of Labor as the
Federal Union. On April 18, 1946, a supplemental agreement between
the Company and the Federal Union continued the contract of July
24, 1945, with certain modifications concerning wage increases, but
without extending its term, and recognized the Federal Union as suc-
cessor to the Association.,
'Another supplemental agreement between the Company and the Federal Union was
executed on April 29, 1946, which reiterated the union shop provisions of the contract
between the Company and the Association.
0
CARRIER CORPORATION 245
The Federal Union has moved to dismiss the petition on the ground
that the contract of July 24, 1945, is a bar to an election. It contends
further that if an election is directed and a certification should issue,
the certification should be for the sole purpose of designating a bar-
gaining representative to negotiate a new contract to become effective
after July 24, 1946, the expiration date of the contract of July 24,
1945.2 But District 50 asserts that the Federal Union does not stand
in the shoes of the Association, and that the only possible basis for the
Federal Union's contention that it has obtained any contractual rights
lies in the supplemental agreement of April 18, 1946. District 50
argues, therefore, that inasmuch as it filed its petition before the sup-
plemental agreement was made, no bar exists to a current determina-
tion of representatives and that, if certified, it should be entitled to
negotiate a contract to take effect before July 24, 1946.
Assuming that the Federal Union is in all respects the successor
to the Association and that it can validly contend that its contractual
relationship commenced on July 24, 1945, when its predecessor con-
tracted with the Company, we nevertheless find that there is no bar
to an immediate election, for the contract made with the Association
will expire in less than one month.3 Furthermore, under this assump-
tion, which places the Federal Union in the best position, District 50
may, if certified, negotiate a contract with the Company to become
effective immediately, as the agreement of July 24, 1945, will doubtless
have expired by the time an election can be held, a certification issued,
bargaining undertaken, and a collective agreement made.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with an agreement of the parties at the hearing, we
find that all production and maintenance employees of the Company,
including truck drivers and group leaders, but excluding timekeepers,
time-study employees, guards, nurses, salaried employees, draftsmen,
research workers, cafeteria employees, clerical and confidential em-
ployees, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
2 See Matter of American Stores Company , 54 N. L. R . B. 756 ; Matter of Chrysler Motors
Corporation, 38 N. L. R. B. 1379; Matter of Houde Engineering Corporation, 36 N. L. R. B.
587.
3 See Matter of Flintkote Company, 55 N. L R B. 1442.
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.'
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Carrier Corpora-
tion, Syracuse, New York, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Third Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among em-
Illoyees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by District 50,
United Mine Workers of America, A. F. of L., or by Federal Labor
Union No. 23983, A. F. of L., for the purposes of collective bargaining,
or by neither.
MR. GFRARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
4 District 50 contends that the Federal Union has not shown sufficient interest to be
accorded a place on the ballot However , the contractual relationship between the Com-
pany and the Federal Union , even if predicated upon the supplemental agreement of April
18, 1946 , is sufficient to entitle the latter to a place on the ballot. See Matter of Berkshire
Fine Spinning Associates , Inc., 65 N L R . B. 101 ; Matter of Groveton Papers Co., 65
N L R. B. 26.