East Jordan Iron Works, Inc.

National Labor Relations Board - Board Decisions

Feb 14, 1958

119 N.L.R.B. 1657 (N.L.R.B. 1958)

EAST JORDAN IRON WORKS, INC. 1657
East Jordan Iron Works, Inc. and International Union , Allied
Industrial Workers of America, AFL-CIO, Petitioner. Case
No. 7RC-9589. February 14,1958
ORDER DENYING MOTION FOR RECONSIDERATION
AND AMENDING DECISION AND DIRECTION OF
ELECTIONS
On December 16, 1957, the Board issued a Decision and Direction
of Elections I in the above-entitled proceeding in which it found that
a unit of production and maintenance employees, excluding truck-
drivers, was appropriate and also found a separate unit of truck-
drivers to be appropriate. The Board directed elections in the
separate units, placing the Petitioner on the ballot in the unit of pro-
duction and maintenance employees and the Intervenor, Local 527,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, on the ballot in the unit of truckdrivers.
Thereafter, the Employer on December 24, 1957, filed a motion for
reconsideration,2 urging the Board to amend its Decision and Direc-
tion of Elections so as to provide a self-determination election for
truckdrivers with respect to their inclusion in the unit of production
and maintenance employees. The Employer also contended that be-
cause of the Intervenor's expulsion from the AFL-CIO, the Interve-
nor's showing of interest was no longer valid and that the Intervenor
therefore be directed to present a new showing of interest. We find
no merit in this contention. The authorization cards designated the
local labor organization and its parent International and there has
been no change in the identity or affiliation of the Local. We do not
find that the expulsion of the parent International by the AFL-CIO
either misleads or confuses the employees as to the identity of the
designated labor organization. The Board's practice of removing
the designation "AFL-CIO" following the designation of the
Teamsters International on the ballot-serves as sufficient correction
of whatever ambiguity the expulsion action may have created.
The Board having duly considered the matter, and having been
administratively advised that, in the interim, the Intervenor, after
timely notification from the Regional Director, has permitted its
compliance with Section 9 (g) of the Act to lapse and has failed to
renew its compliance under Section 9 (f) of the Act,
IT IS HEREBY ORDERED that the Employer's motion for reconsidera-
tion be, and it hereby is, denied in its entirety as without merit.
1 Not reported in the printed volumes of Board Decisions and Orders.
• On January 10, 1958 , pursuant to the request of the Regional Director and because of
the pending motion for reconsideration, the Board extended the time for holding the
elections to February 14, 1958.
119 NLRB No. 228.
1658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS FURTHER ORDERED that, in view of the Board 's administrative
advices, the aforesaid Decision and Direction of Elections be, and it
hereby is, amended by striking therefrom paragraph 4 and footnote 3
in their entirety and substituting therefor the following paragraph :
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: 3
All production and maintenance employees at the Employer's
East Jordan, Michigan, foundry and machine shop plant, includ-
ing the truckdrivers, the truck mechanics, and part-time employ-
ees,' but excluding office clerical employees, plant clerical em-
ployees, professional employees, watchmen, guards, foremen,
and all other supervisors as defined in the Act.
3 The Board having been administratively advised that the Intervenor , after timely
notification from the Regional Director , has permitted its compliance with Sec-
tion 9 ( g) of the Act to lapse and has failed to renew its compliance under Sec-
tion 9 ( f) of the Act, we hereby deny the Intervenor 's request for a separate unit,of
truckdrivers and find , under the circumstances and in accordance with the alterna-
tive request of the Petitioner and the agreement of the Employer , that a unit of
production and maintenance employees including the truckdrivers constitutes the
appropriate unit.
IT IS FURTHER ORDERED that the aforesaid Direction of Elections be,
and it hereby is, amended as follows :
1. By striking therefrom the words "in the units found ap-
propriate in paragraph numbered 4, above," and substituting
therefor the words " in the unit found appropriate ,in paragraph
numbered 4, above."
2. By striking therefrom the words "to determine whether or
not they desire to be represented for purposes of collective bar-
gaining in Unit A by International Union , Allied Industrial.
Workers of America, AFL-CIO ; and in Unit B by Local 527,
International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen . and Helpers of America," and substituting therefor
the words "to determine whether or not they desire to be repre-
sented for purposes of collective bargaining by International
Union, Allied Industrial Workers of America, AFL-CIO."
Wood Wire & Metal Lathers' International Union ,, Local 46,
AFL-CIO and Jacobson & Co., Inc. Case No. 2-CD-126. Feb-
ruary 19, 1958 .
DECISION AND ORDER QUASHING NOTICE OF HEARING
This proceeding arises under Section 10 (k) of the Act, which
provides that "Whenever it is charged that any person has engaged
119 NLRB No. 210.