Karas & Karas Glass Co., Inc.

National Labor Relations Board - Board Decisions

Jun 6, 1952

99 N.L.R.B. 566 (N.L.R.B. 1952)

566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers of America and the International Union of Electrical, Radio and Machine
Workers, CIO, in organizational activities, or (b) by actively soliciting or per-
mitting solicitation of employees during working hours to join the International
Association of Machinists while refusing to permit such activities on behalf of
the United Electrical, Radio and Machine Workers of America and the Interna-
tional Union of Electrical, Radio and Machine Workers, CIO.
[Recommendations omitted from publication in this volume.]
KARAS & KARAS GLASS CO., INC . and LOCAL 25, INTERNATIONAL
BROTHERHCOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, AFL, PETITIONER. Cease No. 1-RC-737.
June 6, 1952
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Sidney A. Coven, hearing
officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act, for the following reasons:'
The Employer is one of 28 firms associated in Glass Employers
Group of Greater Boston, Inc., herein called the Employers Group, a
Massachusetts corporation, which, in behalf of its membership, bar-
gains collectively with labor organizations with respect to their
employees.
The Petitioner seeks to sever, with the customary exclusions, a unit
of drivers, warehousemen, and helpers at the Employer's glass sales,
distribution, and installation plant at South Boston, Massachusetts,
from an association-wide unit of inside employees including these
categories, among others. The Employer and Glaziers' Local No.
1044, Brotherhood of Painters, Decorators & Paperhangers of Amer-
ica, AFL, the Intervenor herein, contend, inter alia, that an associa-
tion-wide unit covering all members of the Employers Group is the
1 In view of our decision herein, we find it unnecessary to consider the contention of the
Intervenor herein that its current contract with the Employer operates as a bar.
99 NLRB No. 86.
THE HERTNER ELECTRIC COMPANY 567,
only appropriate unit, and that, as the Petitioner's limited unit covers
only one Employers Group member, it is therefore inappropriate:
From 1932 to the formal incorporation of the Employer Group
in 1946, its members, through a committee, negotiated with the Inter-
venor the terms of separate but identical contracts covering inside and
outside employees, respectively, of all members, including the Em-
ployer. These contracts, so negotiated, have uniformly been ratified.
by the membership and separately signed by'the individual members.
Since 1946 the members have continued this group bargaining-pro.
cedure through the medium of the formally incorporated Employers
Group.2
On the basis of this 20-year history of collective bargaining for all
inside employees between the Intervenor and members of the Em-
ployers Group, including the Employer, we find that a unit confined
only to the truck drivers and warehousemen of the Employer is too
limited in scope to constitute an appropriate Unit .3 For this reason,.
we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition in the instant case be, and the
same hereby is, dismissed.
2 An exception to this otherwise uniform bargaining pattern is noted with respect to
Pittsburgh Plate Glass Company , one of the Employers Group members , which, although
It has contracted for inside employees in the same manner as the other members, currently
contracts with the Petitioner respecting drivers. This variance appears to be due to the
fact that the operations of this member are on a larger scale and more diversified than
those of the other employer members Cf . Furniture Employers ' Council of Southern
California, Inc., and Member Employers , 96 NLRB 1002.
8 Bryant's Marina, Inc., et al., 92 NLRB 718, 720; Whiz Fish Products Company, 94
NLRB 1303, Al Laman Motors, Inc , 98 NLRB 724.
THE HERTNER ELECTRIC COMPANY and INTERNATIONAL UNION OF
ELECTRICAL, RADIO & MACHINE WORKERS, CIO, PETITIONER. Case
No. 8-RC-1608. June 9,195°2
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Charles A. Fleming,
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 this case, the Board 1 finds :
I Pursuant to the provisions of Section 3 (h) 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 Styles and Peterson].
99 NLRB No. 85.