H. & A. Selmer, Inc.

National Labor Relations Board - Board Decisions

Mar 9, 1949

81 N.L.R.B. 1305 (N.L.R.B. 1949)

In the Matter of H. & A. SELMER, INC., EMPLOYER and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0.,
PETITIONER
Case No. 35-RC-138.-Decided March 9,1919
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held 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 Sections 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 labor organizations named below claim to represent em-
ployees of the Employer.
1 At the hearing, the hearing officer refused to admit in evidence : ( 1) testimony offered
by the Intervenor , United Furniture Workers of America , C. I. 0., Local 616, to prove that
the United Paper Workers and the Petitioner have attempted to raid its membership at
the Employer 's plant and that thereby its position as bargaining representative of the
employees of the Employer has been adversely affected ; ( 2) testimony offered by the Peti-
tioner to prove that the members of the Intervenor at the Employer 's plant voted to dis-
affiliate from the Intervenor and first invited the United Paper Workers and then the
Petitioner to represent them ; ( 3) testimony offered by the Intervenor , Upholsters Inter-
national Union of North America, A. F. of L., that Local 616 's charges are false. We find
that all such testimony is irrelevant and immaterial to any of the issues involved in this
case and was properly excluded.
The Petitioner opposed the motion of United Furniture Workers of America, C. I. 0.,
Local 616, to intervene in this proceeding on the grounds that the said union is defunct
and is not in compliance with Section 9 (f), (g), and (h) of the Act. However, the evi-
dence adduced at the hearing is insufficient to establish that Local 616 is a defunct labor
organization and since it is party to a current collective bargaining agreement with the
Employer, we find that the hearing officer properly granted its motion to intervene in this
proceeding Matter of Bush Woolen Mills, Inc., 76 N. L. R. B. 618.
*Reynolds, Murdock, and Gray.
81 N. L. Ti. B., No. 204.
1305
1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. The Intervenor, United Furniture Workers of America, C. I. 0.,
Local 616, moved to dismiss the petition herein on the ground that its
current contract with the Employer executed on March 1, 1948, bars
this proceeding and that the instant petition is premature. The said
agreement, which covers all the production and maintenance em-
ployees at the Employer's plant, expires on March 1, 1949, but con-
tains a 30-day automatic renewal provision. The original petition
herein was filed on September 16, 1948, and the amended petition
herein was filed on November 1, 1948. Without determining whether
the original petition was premature, we find that since the amended
petition, which was filed approximately 3 months before the effective
date of the automatic renewal clause in the contract, was timely the
contract is not a bar to this proceeding.2
We find that a question affecting commerce exists concerning the
representation of certain 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 of the Employer constitute a unit ap-
propriate 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 New
Castle, Indiana, plant, excluding office, clerical, and professional
employees, guards,3 and supervisors as defined in the Act 4
DIRECTION OF ELECTION 5
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
supervision 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-Series 5, as amended,
among the employees in the unit found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
' Matter of General Steel Products Corp., 71 N. L. R. B. 986
The status of four employees who act as watchmen and in addition do maintenance
work appears questionable from the record. For this reason , we shall make no determina-
tion as to their exclusion from or inclusion in the unit at this time. If they spend more
than 50 percent of their time as watchmen they are to be excluded from the unit ; other-
wise they are to be included . See Matter of United States Gypsum Company, 81 N. L. R. B.
344
* Pursuant to the stipulation of the parties we shall exclude as supervisors the foremen,
assistant foremen, the production superintendent , the maintenance superintendent, and
the production manager.
6 Since United Furniture Workers of America, C I. 0., Local 616, has not complied with
the registration and filing requirements of Section 9 (f), (g), and ( h) of the amended
Act, we shall not place its name on the ballot.
H. & A. SELMER, INC. 1307
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during said pay-roll 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 excluding employees on strike who are not entitled to reinstate-
ment, to determine whether they desire to be represented, for purposes
of collective bargaining, by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with the C. I. 0., or by Upholsterers International Union of North
America, A. F. of L., or by neither.