Colorado Insulating Co.

National Labor Relations Board - Board Decisions

May 3, 1940

83 N.L.R.B. 346 (N.L.R.B. 1940)

In the Matter Of COLORADO INSULATING COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS , LOCAL #1, AFL
Case No. 30-RC-132.-Decided May 3,19/0
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Clyde F.
Waers, 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 [Members Reynolds, Murdock, and
Gray].
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 named below claim to represent certain
employees of the Employer.'
3. The Intervenor contends that a contract having its anniversary
date on February 1, 1948, and automatically renewable annually
thereafter, in the absence of 30 days' notice in writing, is a bar to this
proceeding. However, as the petition herein was filed within a reason-
able period in advance of the time set in the automatic renewal clause
of the contract, we find, that the contract is not a bar to the present
determination of representatives.2
We find that a question affecting commerce exists concerning 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 constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9_(b) of the Act :
I Local 720, International Hod Carriers , Building and Common Laborers , AFL, herein
called the Intervenor , was allowed to intervene in these proceedings on the basis of an
alleged contractual interest.
2 Matter of Pacific Tankers, Inc., 81 N. L. R. B. 325.
83 N. L. R. B., No. 45.
346
COLORADO INSULATING COMPANY 347
All production and maintenance employees of the Employer, exclud-
ing engineers,3 office and clerical employees, guards, professional em-
ployees, and supervisors as defined in the Act.
DIRECTION OF ELECTION 4
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 at such time as the Regional Director finds
that the Employer 's operations have resumed, under the direction and
supervision of the Regional Director for the Seventeenth Region, and
subject to Sections 203.61 and 203 .62 of National Labor Relations Board
Rules and Regulations-Series 5, as amended , among the employees
in the unit found appropriate in paragraph numbered 4 , above, who
were employed during the pay-roll period immediately preceding the
date of the election, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, but excluding those employees who have since quit or been dis-
charged 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 they desire to be
represented , for purposes of collective bargaining , by International
Union of Operating Engineers , .Local #1, AFL, or by Local 720,
International Hod Carriers , Building and Common Laborers, AFL,
or by neither.
3 As the record clearly shows that these employees are supervisors who responsibly
direct, and can effectively recommend the discharge or discipline of, other employees in
their shift , we shall exclude them from the unit. Matter of Baking Industry Council, 80
N. L. R B 1590.
* Either participant in the election directed herein may , upon its prompt request to, and
approval thereof by, the Regional Director , have its,name removed from the ballot.