Clarostat Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Feb 15, 1950

88 N.L.R.B. 723 (N.L.R.B. 1950)

In the Matter of CLAROSTAT MANUFACTURING CO., INC., EMPLOYER and
UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA
(UNAFFILIATED), PETITIONER
Case No. 1-RC-1272.-Decided February 15,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Thomas H.
Ramsey, 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 [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case,' the Board finds: 2
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization involved claims to represent cert:i in
employees of the Employer.
3. On July 11, 1948, the Employer, a manufacturer of electrical
components for television and radio receivers, and the United Electri-
cal, Radio and Machine Workers of America, Local 430, C. I. 0., here-
inafter called C. I. 0., entered into a collective bargaining agreement
to terminate July 1, 1950, covering all the production and maintenance
employees of the Employer's New York City Plant. In February 1949,
the Employer closed its plant in New York City and moved all of its
The Employer 's request for oral argument is hereby denied , as the record and briefs,
in our opinion , adequately present the issues and the positions of the par Lies.
2The Employer moved for dismissal of the'petition on the ground that ( 1) the Petitioner
did not make an adequate showing of interest , (2) the Petitioner has not complied with
the filing requirements of Section 9 (f), (g), and ( h) of the amended Act, and (3) the
Petitioner 's membership cards were obtained through coercion and restraint of employees.
The motions are hereby denied. The showing of interest and the compliance of the Peti-
tioner with the filing requirements of the Act are administrative matters and are not
litigable by the parties . The Standard Printing Company, Inc., 80 NLRB 338; The
Baldwin Locomotive Works, 76 NLRB 922. As to the third objection , it is well settled
that evidence of unfair labor practices is not admissible at a representation proceeding.
New England Fish Company, et al., 83 NLRB 656.
88 NLRB No. 141.
723
882191-51-47
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operations to Dover, New Hampshire. There a new plant was estab-
lished and new personnel hired to operate it. On November 2, 1949,
the Petitioner requested recognition as collective bargaining repre-
sentative for the Dover plant employees of the Employer. This request
was denied and on November A,, 1949, the original petition in this case
was filed. The Employer contends that the July 11, 194S, contract with
the C. 1. 0., bars the instant petition. We find no merit in this conten-
tion. The Board has frequently held that where, as here, a new plant
and new employees are involved an election will be directed even
though there may be in existence a contract covering employees of the
Employer at another plant.3
Accordingly, we find that a question affecting commerce exists con-
cerning the representation of employees of the Employer within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer, as stipulated by the
parties, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's Dover,
New Hampshire, plant, but excluding executives, office and clerical
employees, guards, professional employees, and supervisors as defined
in the Act.
5. The Employer contends that an election should not be conducted
at this time because it expects a substantial curtailment of its opera-
tions in May 1950, based on the previous year's experience indicating
that demand for television receivers will drop when warm weather
arrives. However, on the record as a whole we are persuaded that
the prospect for any drastic reduction in the working force of the
Employer is indefinite and unpredictable. We, therefore, believe the
Act will best be effectuated by the direction of an immediate election 4
DIRECTION OF ELECTION
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 supervision
'Reynolds Metals Company, 82 NLRB 1414; Riverpoint Finishing Company, 77 NLRB
1048 . The Petitioner is presently prosecuting a suit in the New York courts , which was
instituted while the Petitioner was still affiliated with the C. I. 0., alleging a breach of
the July 11, 1948, contract in the Employer ' s failure to pay for certain accrued vacation
time. Contrary to the arguments advanced by the Employer , we find no basis in these
circumstances for regarding the Petitioner as estopped from urging that the contract,
which was confined to the New York plant , does not bar a determination of representatives
among the new employees at the Dover plant.
4 Morrison Turning Company, Inc., 83 NLRB 687; Pacific Transport Lines, Inc ., et at.,
79 NLRB 1418.
CLAROSTAT MANUFACTURING CO., INC. 725.
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 dur-
ing the payroll period immediately preceding the date of this Direc-
tion 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 reinstated 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 bargaining, by
United Electrical, Radio and Machine Workers of America (Unaffili-
ated).