Filtrol Corp.

National Labor Relations Board - Board Decisions

Aug 21, 1947

74 N.L.R.B. 1307 (N.L.R.B. 1947)

In the Matter of FILTROL CORPORATION, EMPLOYER and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND
HELPERS OF AMERICA, LOCAL No. 248, A. F. L., PETITIONER
Case No. 21-R-3961.-Decided August 21, 1947
O'Melveny f Meyers, by Mr. William W. Alsup, of Los Angeles,
Calif., for the Employer.
Mr. Charles 0. Cross, of Los Angeles, Calif., for the Petitioner.
Gallagher, Margolis, McTernan & Tyre, by Mr. Victor E. Kaplan,
of Los Angeles, Calif., for the Intervenor.
Mr. Bernard L. Balicer, of counsel to the Board.
DECISION
AND
ORDER
Upon a petition duly filed, the National -Labor Relations Board, on
May 29, 1947, conducted a prehearing election among the employees
of the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining.
At the close of the election, a Tally of Ballots Was furnished the
parties. The Tally shows that there were approximately 12 eligible
voters, of whom 8 voted for the Petitioner, 2 voted for the Intervenor
and 1 ballot was challenged.
Thereafter, a hearing was held at Los Angeles, California, on June
19 and 23, 1947, before Daniel J. Harrington, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Employer is a Delaware corporation with manufacturing plants
in Vernon, California, and Jackson, Mississippi. At its Vernon plant,
74 N. L . R. B., No. 217.
1307
1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the only plant involved in this proceeding, the Employer is engaged
in the manufacture of catalysts and adsorbents used in the cracking of
gasoline and the purification of lubricating oils by oil refineries. Raw
materials produced at mines owned and operated by the Employer in
California, Arizona, Mississippi, and Oklahoma are shipped to its Ver-
non plant. Of the approximately 10,000 tons of adsorbents and 30,000
tons of catalysts produced annually at the Vernon plant, more than
50 percent, valued in excess of $1,000,000 is shipped to points outside
the State of California.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act. -
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
Warehouse & Distribution Workers' Union, Local 26 of the Inter-
national Longshoremen's and Warehousemen's Union, herein called
the Intervenor, is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Pursuant to a consent election, on April 8, 1940, the Intervenor was
certified as the collective bargaining agent of all production and main-
tenance employees of the Employer. The Employer and the Inter-
venor have maintained contractual relations since May 20, 1940. The
contract with which we are concerned in this proceeding was executed
on December 30, 1946. It provides that all portions of the agreement
relating to wages shall remain in effect until the "Cost of Living
Index" of the Bureau of Labor Statistics of the United States Depart-
ment of Labor shall register 131.7 or lower, at which time either party,
upon 30 days' notice, may reopen the agreement for reconsideration of
all matters relating to wages including the base wage schedule set
forth in the contract. The contract further provides that on June 1
of any year all matters except the base wage scale falling within the
scope of the agreement may be opened by either party for change or
modification upon 30 days' prior notice. The parties also agreed that
during the life of the agreement no changes are to be made in classi-
fications or base rates, except as described herein above, "unless equip-
ment is added to or withdrawn from the operations and responsibili-
ties falling within a classification. Should there be such an addition
or withdrawal of equipment to the extent that the duties and responsi-
FILTROL CORPORATION 1309
bilities of the operator are changed, then that particular classification
and no other shall be subject to immediate review for a change in base
rate." On March 17, 1947, by reason of the addition of heavy trucks
to the Employer's equipment, the parties amended the agreement to
include the classification of heavy truck driver and a base rate for
heavy truck drivers.
On April 29, 1947, the Petitioner filed the petition herein, seeking
a unit of all truck drivers of the Employer at its Vernon plant. On
May 2, 1947, pursuant to the above-described modification clause, the
Intervenor advised the Employer that it desired to modify the con-
tract regarding revision of certain job classifications, seniority rights,
premium rates, sick leave and check-off of union,fees. The Employer,.
on May 12, 1947, indicated its willingness to conduct negotiations
and on the same date the Intervenor informed the Employer in detail
of the changes it desired in the contract, adding as an item of negoti-
ation the matter of leaves of absence. At the time of the hearing
negotiations had not been concluded.
Both the Employer and the Intervenor contend that the contract
is a bar to the present proceeding. The Petitioner contends that the
contract is one of indefinite duration, is not a bar to this proceeding
and that, in any event, it was opened by the negotiations so as to
make it vulnerable to the petition herein.
Although providing for its annual modification as described here-
inabove and for change of wage rates when the "Cost of Living Index"
reached 131.7 or lower, the contract made no provision regarding its
duration or termination. The contract is, therefore, in effect for an
indefinite term. The Board has held that contracts of unreasonable
duration shall, during their initial 2-year period, be a bar to a repre-
sentation proceeding.' The considerations which impelled the Board
to that conclusion are equally applicable to contracts of indefinite dura-
tion. We are of the opinion, therefore, that contracts of indefinite
duration, if otherwise valid, constitute a bar to a determination of
representatives for the purposes of collective bargaining during their
initial 2-year period. In the instant case, the contract having been
in effect for only approximately 51/2 months at the time of the hearing,
the petition herein would be premature.
The Petitioner further urges that, its petition is timely inasmuch
as the contract was opened by the negotiations. However, since the
changes in the contract were undertaken pursuant to the modification
clause which permitted the reopening of all phases of the contract
except the basic wage scale, the negotiations did not remove the con-
' Matter of Puritan Ice Company , 74 N L R. B 1311
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tract as a bar to a present determination of representatives.2 Accord-
ingly, we find that no question concerning representation of employees
of the Employer now exists.
IV. THE DETERMINATION OF REPRESENTATIVES
Although, as indicated above, the employees in the alleged appro-
priate unit have chosen the Petitioner as their collective bargaining
representative, no question affecting commerce having arisen con-
cerning the representation of employees of the Employer, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act,
we shall dismiss the petition herein.3
ORDER
IT IS HEREBY ORDERED that the petition for certification of repre-
sentatives of employees of F'iltrol Corporation, Vernon, California,
filed by International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, Local No. 248, A. F. L., be, and
it hereby is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.
2 Matter of Puritan Ice Company, supra ; Matter of S & TV Fine Foods, Inc, 74 N. L R.
B 1316 , Matter of United States Vanadium Corporation, Pine Creek Unit , 68 N. L. R.
B. 389.
3 In view of the above determination , we find it unnecessary to resolve the question as to
whether the employees sought by the Petitioner may by themselves constitute an appro-
priate craft unit.