Dunbar Glass Corp.

National Labor Relations Board - Board Decisions

May 18, 1948

77 N.L.R.B. 742 (N.L.R.B. 1948)

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.