Dictaphone Corp.

National Labor Relations Board - Board Decisions

Aug 5, 1948

78 N.L.R.B. 866 (N.L.R.B. 1948)

In the Matter of DICTAPHONE CORPORATION, EMPLOYER and MECHAN-
ICAL AND ELECTRICAL WORKERS OF AMERICA, INDEPENDENT, PETI-
TIONER
Case No. 2-RC-158.-Decided August 5,1948
DECISION
AND
DIRECTION OF ELECTION
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 1
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-man panel consisting of the undersigned Board
Members.* '
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 organization named below claims to represent em-
ployees of the Employer.
3. The question concerning representation :
The UE contends that a contract dated February 10, 1946, between
the Employer and Local 1237, an affiliate of the UE, automatically
renewed itself and continues in existence, thus precluding a present
determination of representatives. Local 1237 has been in contractual
relationship with the Employer since 1939. The contract upon which
the UE relies was to terminate on January 18, 1948, but contained an
automatic renewal clause providing that the contract should be ex-
tended for successive yearly periods in the absence of written notice
of termination given by either party to the other at least 30 days
1 At the hearing the hearing officer permitted intervention by United 'Electrical Radio
and Machine Workers of America, CIO, herein called the UE. That ruling was error. As
it is hereinafter determined that the UE had no present contractual interest at the time of
the hearing , and had not complied with the filing requirements of the Act, we find that its
intervention was improper . Matter of Campbell Soup Company, 76 N. L. R. B. 950;
Matter of Precision Cast4ngs Company, Inc., 77 N . L. R. B. 261.
. Chairman Herzog and Members Murdock and Gray.
78 N. L. R. B., No. 117.
866
11
DICTAPHONE CORPORATION 867
before the original expiration date or the termination date of any
renewal period.
i The record discloses that this contract was executed for Local 1237
by its representative, James Conroy, and was not transmitted to the
UE for approval. On November 17, 1947, Conroy, as representative
'of Local 1237, notified the Employer by letter that the Local desired
.to terminate the existing agreement on January 18, 1948. On Decem-
ber 2, 1947, Conroy submitted, on behalf of Local 1237, proposals for
a new contract.
The •UE contends that the purported notice of termination was
unauthorized and was not in accord with its constitution and bylaws.2
Nothing appears on the face of the notice itself or of the proposal
for negotiations dated December 2, 1947, to indicate lack of authori-
zation. The record shows, moreover, that the shop committee of the
employees here concerned concurred in giving notice of termination.
As Conroy's notice of termination of the 1947 contract was given
timely, we find that the 1947 agreement did not renew itself. There
is, therefore, no bar to a current determination of representatives 3 and
the UE had no contractual interest at the time of the hearing herein.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act : All service employees of the Employer's New York City
branch,4 excluding managers, foremen, clerical employees, and all
supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes 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 Second Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the unit found
2 We find no merit in the UE's contention that Conroy's letter was unauthorized because
he was at that time acting in the interest of the Petitioner herein. Whatever Conroy's
motive may have been at the time he terminated the Local's contract , he had apparently
been authorized to do so. We will look no further than that. See Matter of Adirondack
Transit Lines, 54 N L R B. 974.
3 Matter of Canada Dry Ginger Ale, Inc., 73 N. L. R. B. 460 ; Matter of Adirondack Transit
Lines, 54 N. L. It. B. 974
4 The Brooklyn branch, in accordance with the stipulation of the parties , is included
within this description.
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of 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
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
Mechanical and Electrical Workers of America, Independent.