Diagraph-Bradley Industries, Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1950

91 N.L.R.B. 605 (N.L.R.B. 1950)

In the Matter of DIAGRAPH-BRADLEY INDUSTRIES, INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 14-RC-1106.-Decided September 29, 1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, a hearing was held before Harry G. Carlson , hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed?
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
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) (1) and Section 2 (6) and (7) of the Act , for the following
reasons:
The Employer and District 50 contend that their current contract
covering the employees involved herein dated November 1 , 1949, for
the term of 2 years with a 60-day automatic renewal clause, is a bar to
the petition filed May 26, 1950 . The Petitioner contends that the con-
tract cannot operate as a bar because of a "schism" in the membership
of Local Union 13322.
On May 21, 1950, a special meeting of Local Union 13322 was held
in Marion , Illinois, pursuant to a notice posted on the bulletin board in
the Employer 's plant on May 19, 1950 , which stated that the purpose
of the meeting was to vote on the question of affiliation with the Peti-
tioner . This meeting was attended by 10 members ,2 including the of-
ficers of the local, who voted unanimously to disaffiliate from District
50 and to affiliate with the Petitioner . Notification of this action was
thereupon sent to the Employer with a request for recognition of the
1 Intervention was granted to District 50, United Mine Workers of America , and to its
Local Union 13322 . These intervenors are herein collectively called District 50. South-
ern Illinois District Council, affiliated with Hod Carriers' Building & Common Laborers'
Union of America , AFL, was also properly permitted . to intervene.
The motion . by District 50 for oral argument is hereby denied as in our opinion the
issues and positions of the parties are adequately presented by the record and the briefs.
' The Employer 's working force consisted of 65 employees.
91 NLRB No. 93.
605
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Petitioner. Despite the action taken at the foregoing meeting, it ap-
pears that Local Union 13322 continued to function as theretofore and
to maintain its affiliation with District 50. Its officers have remained
loyal to their local, regular and special meetings have been held, and
employee grievances have been handled by the local. At a meeting of
Local Union 13322 held on June 19, 1950, there was an, election of of-
ficers and other officials of the local pursuant to the rules and bylaws
of District 50, in which all the old officers but the vice president were
elected to new terms. At a special meeting of the local held on July
17, 1950, it was formally voted by the members present to reaffiliate
with District 50. The purpose of this action was to dispel any doubt
among the employees that there was any labor organization other than
Local Union 13322 in existence to represent them. All of the Em-
ployer's employees who are eligible to membership presently belong
to the local and pay dues. On the other hand no evidence was pre-
sented by the Petitioner that it has held meetings, conducted any ac-
tivities in behalf of the employees, or that it has any members among
these employees.
We are satisfied from the foregoing facts that the status of Local
Union 13322 as the representative of the Employer's employees re-
mains undisturbed and that no doubt exists among these employees
as to the identity of the labor organization by which they desire to be
represented. Accordingly, as the petition was untimely filed, we find
that the existing contract is a bar to this proceeding and shall grant
the motion of District 50 to dismiss the petition.'
ORDER
Upon the basis of the foregoing findings of fact, and upon the en-
tire record in the case, the National Labor Relations Board hereby
orders that the petition filed herein be, and it hereby is, dismissed.
8 Board Members Houston and Reynolds dissent from the holding of the majority and
would order an election in this case on the ground that the facts herein establish the exist-
ence of a "schism." The Board unanimously agrees, however, that all other arguments
raised by the Petitioner in support of its contention that the contract should not operate
as a bar are without merit.