Cherry-Burrell Corp.

National Labor Relations Board - Board Decisions

Mar 7, 1950

88 N.L.R.B. 945 (N.L.R.B. 1950)

In the Matter Of CHERRY-BURRELL CORPORATION , EMPLOYER and
UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA (UAW-CIO), PETITIONER
Case No. 18-RC 518.-Decided March 7, 1950
DECISION
AND a
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Clarence A..
Meter, hearing officer. The hearing officer's rulings made at the hear-
ing 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 Herzog and Members
Houston and Murdock].
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 involved claim to represent certain
employees of the Employer.
3. The United Electrical, Radio and Machine Workers of America,.
herein called the Intervenor, contends that a contract between the
Employer and the United Farm Equipment and Metal Workers of
America, herein called the FE, and its Local 155, constitutes a bar to
these proceedings.
The Employer has bargained with the FE since 1943 as the certified 1
representative of the employees here involved. Its current contract
expires April 19, 1950, and provides for a 60-day automatic renewal
period.
On October 28, 1949, the FE merged with the Intervenor and on
November 2, 1949, both international organizations were expelled
from the C. I. O. Local 155, however, voted on November 1, 1949, to
disaffiliate from the FE and thereafter applied for and received a.
charter fro m the Petitioner as Local 1024. The Employer was notified
1 Cherry-Burrell Corporation , 48 NLRB 1303.
88 NLRB No. 197.
945
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this action and continued to administer the contract with the former
officers of Local -155 who continued in office until new officers were
elected in January 1950. The Intervenor presented no evidence to
show that it had a functioning local or any members.
Under these circumstances we find, for the reasons stated by the
respective members of this panel in General Motors Corporation, 88
NLRB No. 112, that the FE's contract with the Employer does not
constitute a bar to a present determination of representatives.
We therefore find that a question affecting commerce exists concern-
ing the represe.itation of employees of the Employer, within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer at its Cedar Rapids,
Iowa, plant, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act :
All production and maintenance employees including plant clerical
employees but excluding office and clerical employees, engineering
department employees, plant nurse, salesmen, servicemen, watchmen ,2
foremen, assistant foremen, and all supervisors.
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by 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 National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by United Automobile, Aircraft & Agricultural Implement
Workers of America (UA'VV-CTO).
3 Despite the agreement of the parties to the contrary, we have excluded the seven watch-
men as all of them spend at least half of their time performing monitorial functions.
3 After the hearing, the Intervenor advised the Board that it did not wish to appear on
the ballot if the Board should direct an election herein.