Cleveland Pneumatic Industries, Inc.

National Labor Relations Board - Board Decisions

Feb 1, 1962

135 N.L.R.B. 815 (N.L.R.B. 1962)

CLEVELAND PNEUMATIC TOOL COMPANY, ETC. 815
action of the type conventionally ordered in such cases, which I find necessary to
remedy and to remove the effects of the unfair labor practices and to effectuate the
policies of the Act For reasons which are stated in Consolidated Industries, Inc.,
108 NLRB 60, 61, and cases there cited, I shall recommend a broad cease-and-desist
order.
Upon the basis of the foregoing findings of fact and upon the entire record in the
case, I make the following:
CONCLUSIONS OF LAW
1. United Steelworkers of America, AFL-CIO, is a labor organization within the
meaning of Section 2(5) of the Act.
2. The employee representation plan constituted a labor organization within the
meaning of:Section 2(5) of the Act.
3. By interfering with, restraining, and coercing their employees in the exercise
of rights guaranteed in Section 7 of the Act, Respondent engaged in unfair labor prac-
tices proscribed by Section 8(a) (1).
4. By discharging Glenn Moyer and Joseph Tarantino because of their participa-
tion in concerted activities protected by Section 7 of the Act, Respondent engaged in
unfair labor practices proscribed by Section 8(a) (1).
5. By discharging Glenn Moyer and Joseph Tarantino because of their participa-
tion in the employee representation plan, Respondent engaged in discrimination to
discourage membership in a labor organization, thereby engaging in unfair labor
practices proscribed by Section 8(a) (3) and (1) of the Act.
6. By discharging Glenn Moyer and Joseph Tarantino because of their activities
on behalf of the Steelworkers' Union, Respondent engaged in discrimination to dis-
courage membership in a labor organization, thereby engaging in unfair labor
practices proscribed by Section 8(a)(3) and (1) of the Act.
7. The aforesaid unfair labor practices having occurred in connection with the
operation of Respondent's business as set forth in section 1, above, have a close,
intimate, and substantial relation to trade, traffic, and commerce among the several
States and substantially affect commerce within the meaning of Section 2(6) and (7)
of the Act.
[Recommendations omitted from publication.]
Cleveland Pneumatic Tool Company , Div. of Cleveland Pneu-
matic Industries , Inc., Petitioner and Aerol Aircraft Em-
ployees Association i and Metal Polishers , Buffers, Platers,
and Helpers International Union , AFL-CIO , and its Local
No. 3.2 Case No. 8-RM-271. February 1, 1962
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 McCulloch and Mem-
bers Rodgers and Fanning].
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.
1 Hereinafter referred to as the Association.
Hereinafter referred to as the Metal Polishers Union.
135 NLRB No. 83.
816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organizations involved claim to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) and Section 2(6) and (7) of the Act, for the following reasons:
The Employer , an Ohio corporation engaged in the manufacture of
military and civilian aircraft landing gear, seeks an election to deter-
mine the bargaining representative for the metal-finishing employees
in department 23 of its main plant in Cleveland, Ohio, or in the al-
ternative, clarification of the certifications of the two unions involved
herein. The Employer takes the position that the Metal Polishers
Union and the Association are seeking to represent employees cur
rently being represented, by each other. The petition seeks an election
.in a single overall unit of all metal -finishing employees in department
23. '
The record discloses,that the Metal Polishers Union was certified in
1944 by the Board for a craft, unit of metal-finishing employees in
department 23, which unit is described in the certification as "all
metal polishers, buffers,, platers, and helpers, excluding all other em-
ployees." See Cleveland Pneumatic Tool Company, 55 NLRB 746.
The Association (which was then known as the United Social Club
and Employees Association ) was certified at the same time for a unit
of production and maintenance employees, which included the classi-
fication "snaggers."
In April 1961, the Association won a consent election conducted
by the Board in the production and maintenance unit ( Case No. 8-
RC-4204). Although the Employer challenged the eligibility of the
snaggers to cast ballots in that election , on the ground that they be-
longed in a separate craft unit , the challenged ballots were insuffi-
cient to affect the outcome and, therefore, the Board did not have to
pass upon the validity of the challenges. The election resulted in the
certification of the Association on April 19, 1961, as the representative
of the production and maintenance employees , excluding those em-
ployees represented by the Metal Polishers Union. On May 16, 1961,
the Company and the Association executed a 3-year contract covering
the production and maintenance unit including the snaggers in
department 23.
The Association contends that this petition should be dismissed
under Section 9(c) (3) of the Act as amended, because it was filed
less than 12 months after a valid election had been held and within the
certification year. As' the April 1961 certification specifically ex-
cluded only the metal polishers and not the snaggers , and as the con-
OZARK HARDWOOD COMPANY 817
tract between the Employer and the Association entered into follow-
ing that certification covers snaggers, we find merit in the Associa-
tion's contention. In accordance with the Board's well-established
rule not to entertain petitions during an incumbent's certification
year, we shall dismiss the instant petition. See Centr-O-Cast &
Engineering Company, 100 NLRB 1507. See also Summer Williams,
Inc., 122 NLRB 349.
By its motion for clarification,' the Employer seeks to have the
Board exclude the snaggers from the Association's unit and include
them in the Metal Polishers unit. 'In view of its entering into a bar-
gaining agreement which includes the snaggers, we shall deny the
motion.
[The Board dismissed the petition and denied the motion for
clarification.]
Ozark Hardwood Company and General Drivers and Helpers,
Local 373, International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America . Case No.
26-CA-72 (formerly 32-CA-72). February 2, 1962
SUPPLEMENTAL DECISION AND RECOMMENDATION
On December 12, 1961, the Board issued a Proposed Supplemental
Decision and Recommendation in the above-entitled proceeding,'
which provided- for the filing of exceptions thereto within 20 days.
No statement of exceptions has been filed with the Board, and the time
for such filing has,expired.
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the Board hereby adopts the Proposed Supplemental Deci-
sion and Recommendation as its final Supplemental Decision and
Recommendation. For the reasons stated in the Proposed Supple-
mental Decision, and upon the entire record in the case, the Board
respectfully recommends to the United States Court of Appeals for
the Eighth Circuit that the Order issued'by the Board in this case on
December` 19, 1957, be enforced with the 'modification that the sums
required by said Order to be paid by Respondent to each discriminatee
therein named shall be in full liquidation and discharge of all back-
pay due in this proceeding in consequence of Respondent's discrimi-
nation, with no other or further liability herein.'
2134 NLRB 1188.
;1.35 NLRB No. 85.
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