Dunbar Glass Corp.Download PDFNational Labor Relations Board - Board DecisionsMay 18, 194877 N.L.R.B. 742 (N.L.R.B. 1948) Copy Citation In the Matter of DUNBAR GLASS CORPORATION, EMPLOYER and FEDER- ATION;;,OF ;GLASS,, CERAMIC AND SILICA SAND WORKERS OF AMERICA, CIO, PETITIONER Case No. 9-R-764.Decided May 18, 1948 DECISION AND ORDER Upon a petition duly filed, a hearing •washeldd^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-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 Petitioner, and American Flint Glass Workers' Union of North America, A. F. of L., herein called the Intervenor, are labor organizations, claiming to represent employees of the Employer. 3. The alleged question concerning representation. On October 22, 1941, the Intervenor, following a consent election held under Board auspices, was designated as collective bargaining representative of all production and maintenance employees of the Employer. Thereafter, the Employer and the Intervenor executed a series of 1-year bargaining agreements covering the employees in such unit. On August 5, 1947, the Petitioner filed its original petition wlii ch designated as an appropriate bargaining unit "all miscellaneous em- ployees," excluding supervisors and skilled glassworkers. On Septem- 1 The Intervenor's objection to the introduction into evidence of the amended petition is in effect a motion to dismiss the petition, and for the reasons stated below such motion is granted *Houston, Reynolds , and Gray. 77 N. L. R. B., No. 124. 742 DUNBAR GLASS, CORPORATION 743, ber 7, 1947, the Employer and the Intervenor executed a new 1-year agreement for the established bargaining unit. On December 11, 1947, the Petitioner filed an amended petition in which the unit was de- scribed as all employees, excluding supervisors, watchmen, and clerical and professional employees. At the hearing, the Petitioner stipulated that the appropriate unit in this proceeding-is ,the one designated, in its amended petition.. The Intervenor contends that the contract executed on September 7, 1947, is a bar to this proceeding. The original claim of the Petitioner, as evidenced by its original petition, was one for a unit of miscellaneous glassworkers. That claim was substantially changed by the amended petition in which the Peti- tioner in seeking to represent all employees of the Employer, sought to represent not only the miscellaneous employees but also the Em- ployer's skilled glassworkers:2 The filing of. the amended .petition, therefore, in effect constituted the making of a new claim and the filing of a new petition, as against which, under well-established Board precedent, the contract of September 1947 is a bar to a present deter- mination of representatives.3 Accordingly, we shall dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition be, and it hereby is, dismissed. 2 The Employer 's production and maintenance employees are divided into two divisions, a division of miscellaneous glassworkers . and a division of skilled glassworkers. Accord- ing to the Intervenor ' s memorandum , and as shown by the September 1947 contract, two locals, each chartered by the Intervenor and respectively composed of miscellaneous and skilled glassworkers, have existed in the Employer 's plant since 1941. We have been administratively advised that there are approximately 440 miscellaneous glassworkers and 140 skilled glassworkers at the plant. 3 See Matter of Hyster Company, 72 N. L. R. B. 937. Copy with citationCopy as parenthetical citation