Easy Washing Machine Corp.

National Labor Relations Board - Board Decisions

Mar 30, 1950

89 N.L.R.B. 73 (N.L.R.B. 1950)

In the Matter of EASY WASHING MACHINE CORPORATION, EMPLOYER-
PETITIONER and INTERNATIONAL UNION OF ELECTRICAL, RADIO AND
MACHINE WORKERS, CIO, LOCAL 321 and UNITED ELECTRICAL, RADIO
MACHINE WORKERS OF AMERICA, LOCAL 321
Case No. 3-RM-47.-Decided March 30,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing offi-
cer 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-member panel [Members Reynolds, Murdock, and
Styles].
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 claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All production and maintenance employees of the Employer, but
excluding foremen, assistant foremen, United States Ordnance In-
spectors, time study men, timekeepers, watchmen, guards, clerical and
'Local 321 U. E. held a contract which has a 60-day automatic renewal provision and
which will expire on June 22, 1950 . At a meeting on November 11, 1949, the membership
of the Local voted unanimously to sever its affiliation with U. E. and to affiliate with
I.U.E., C.I.O. Both I.U.E., C.I.O. through its new local , and U . E. through its district
representative , have notified the Employer of their claim to represent its employees. In
accordance with our decision in Boston Machine Works Comp any, 89 NLRB 59, we'
find that the existing contract is not a bar to the instant petition.
89 NLRB No. 27.
73
74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
confidential employees, professional employees, and 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 Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the em-
ployees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the payroll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said payroll 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 ex-
-cluding 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 International Union of Electrical, Radio and
Machine Workers, CIO, Local 321.1
In the absence of a clear showing by the UE that its Local 321 is no longer in existence,
the UE is omitted from the ballot because of the failure of its Local to comply with the filing
requirements in Section 9 (f), (g), and (h) of the Act. In the event that the Local effects
compliance with such requirements within 2 weeks from the date of this Direction, the
Regional Director is instructed to accord the UE a place on the ballot in the election
hereinabove directed.