Joseph E. Knox & Co., Inc.

National Labor Relations Board - Board Decisions

Nov 4, 1949

86 N.L.R.B. 1257 (N.L.R.B. 1949)

In the Matter of JOSEPH E. KNOX & Co., INC., EMPLOYER and
AMERICAN FEDERATION OF LABOR, PETITIONER
Case No. 1-RC-1124 .Decided November 4, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Albert Allen,
hearing officer. The hearing officer's rulings made at the hearings
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 [Chairman Herzog and Members
Houston and Murdock].
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 involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning .the represen-
tation of employees of the Employer within the meaning of Section
.9 (c) (1) and-Section 2 (6) and (7) of the Act 2
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:
All production and maintenance employees at the Employer's Lynn,
-Massachusetts, plant, excluding all office and clerical employees,
guards, salesmen, professional employees, working foremen, and all
other supervisors.
I United Electrical, Radio and Machine Workers of America, C. I. 0., and its Local 257
sought to intervene on the ground of a contract interest . The hearing officer permitted only
Local 257 to intervene . This ruling was not prejudicial , as the position of the Inter-
national was adequately presented.
2 The Employer contends that a letter from the business agent of Local 257, dated May
9, 1949, giving notice of termination of the contract of July 9, 1948 , was not notice prior
to the 60-day period specified in the contract. The notice was sent to the Employer, how-
ever, by registered mail on May 10, 1949, and received the same day . The Employer and
Local 257 contend that the business agent had no authority to give notice of termination.
He had at least apparent authority, however, to terminate the contract at the time the
notice was sent. Moreover , the Employer and Local 257 conferred regarding a new agree-
men after receipt of the notice. These contentions are therefore without merit, so there
is no contract bar.
86 N. L. R. B., No. 144. 1257.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 daysi
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, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion of Election, including 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 reinstatement, to determine whether or not they
desire to be represented, for purposes of collective bargaining, by
American Federation of Labor.
a Local 257 and 'Its International are omitted from the ballot because of the failure of
the local to comply with the filing requirements of the Act . In the event that Local 257
effects compliance within 2 weeks from the date of this Direction , the Regional Director is,
instructed to accord United Electrical , Radio " and Machine Workers of America, C. I. 0.,
Local 257 , a place on the ballot. Any participant in the election herein directed, may,,
upon its request to, and approval thereof by , the Regional Director, have its name removedi
from the ballot.