Ess & Ess Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 26, 1954

107 N.L.R.B. 945 (N.L.R.B. 1954)

ESS & ESS MANUFACTURING CO 945
JULIUS SANDLER AND LOUIS SULZER d/b/a ESS & ESS
MANUFACTURING CO. and UNITED RUBBER, CORK, LINO-
LEUM & PLASTIC WORKERS OF AMERICA, CIO, Peti-
tioner . Case No. 2-RC-5677. January 26, 1954
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, hearings were held before Max Dauber,
hearing officer , on April 9 , 1953, and July 22, 1953. The
hearing officer ' s rulings made at the hearings are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act. i
2. The labor organizations involved claim to represent
certain employees of the Employer.
3. The Employer and the Intervenor contend that a contract
entered into between these parties, effective February 1, 1952,
and having an expiration date of February 1, 1954 , constitutes
a bar to this proceeding . The contract is automatically renew-
able unless notice of termination is given within 60 days of the
expiration date. Because the petition was filed before the
Mill B 2 date and the anniversary date of the contract is a few
days away , we find , without regard to any other considerations,
that the contract is not a bar to a present determination of
representatives. 3
A question affecting commerce exists concerning the repre-
sentation 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 production and maintenance
employees at the Employer ' s Brooklyn, New York , plant,
excluding office clerical employees , guards, watchmen,
professional employees , and supervisors as defined in the
Act.
[Text of Direction of Election omitted from publication.]
iStanislaus Implement and Hardware Company, Ltd., 91 NLRB 618. We find no merit in
the contention of the Employer and the Intervenor (Local 1648, Retail Clerks International
Association, AFL) that this Board is precluded from asserting jurisdiction because the New
York State Labor Relations Board had previously issued a certification of representatives
to the Intervenor for the Employer' s employees . See Krambo Food Stores, Inc , 98 NLRB
1320.
2 Mill B ., Inc., 40 NLRB 346.
3Efco manufacturing , Inc., 97 NLRB 263; Dewey and Almy Chemical Company, 102 NLRB
940.
108 NLRB No. 211.