Lindmart Jewelry Mfg. Co.

National Labor Relations Board - Board Decisions

Dec 3, 1957

119 N.L.R.B. 651 (N.L.R.B. 1957)

LINDMART JEWELRY MFG: CO. 651
Hiring and employment of Limous Turner and any other person by said Kauf-
man Company , without prior or subsequent clearance , approval, or cards
from us or either of-us.
The undersigned labor organization will make Limous Turner whole for any
loss of pay he may have suffered as a result of the discrimination against him.
LOCAL 1408, 1408-A, AND 1597, INTERNATIONAL
LONGSHOREMEN 'S ASSOCIATION, INDEPENDENT,
Labor Organization.
Dated------------------- By-------------------------------------------(Representative ) ( Title)
-------------------------------------------
(DACE KENNEDY)
Dated------------------- By-------------------------------------------(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
.altered , defaced, or covered by any other material.
Lindmart Jewelry Mfg. Co.' and Watch & Jewelry Workers
Union Local 147, RWDSU, AFL-CIO and Workers of The
Lindmart Jewelry Company, Petitioners and Production Work-
ers Union Local 48, U. I. U. Cases Nos. 3RC-9149 and 2-RD-
368. December 3,1957
DECISION AND DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated 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 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 [Members Rodgers, Bean, and
Jenkins].
Upon the entire record in this case, the Board finds :
1. The employer is engaged in commerce within, the meaning of
,thee,Nationah-Lear -Relations^`Act.
2. The labor organizations named below claim to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain 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:
I As amended at the bearing.
2 The Petitioners in Case No . 2-RD-368, employees of the Employer, assert that the
Union, the currently recognized bargaining representatives of the employees designated in
the petition , is no longer the bargaining representative as defined in the Act.
The Union contends that its current contract is a bar to the petitions . However, that
contract, in,addttion,to - permissible , uniiau,se rrtyipro^isiens , inolndes , a,furttherprovision
119 NLRB No. 92.
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All production, maintenance, and shipping employees of the Em-
ployer at its New York, New York, plant, excluding office clerical
employees, guards, watchmen, professional employees, and supervisorss,
as defined in the Act.
[Teat of Direction of Election omitted from publication.]
that employees will receive a 5-cent per hour increase upon joining the union. Such a.
provision goes beyond what the Act permits , and for this reason we find the contract not
to bar these petitions . The Union offered to prove that the intent of the clause was,
other than what appeared , but where the meaning of terms in a contract is clear they
cannot be varied by reference to extrinsic matters.
In view of our finding herein that the union -security provision prevents the contract
from being a bar, we feel it unnecessary to pass on the other question raised by the
Petitioner that the contract is not a bar because of the inclusion of an illegal checkoff'
provision therein.
Oregon Teamsters ' Security Plan Office and William C. Earhart,.
Administrator thereof , and of Teamsters Security Administra -
tion Fund ; and Warehousemen Local No . 206, affiliated with
the International Brotherhood of Teamsters , Chauffeurs,.
Warehousemen and Helpers of America , AFL-CIO and Inter-
national Brotherhood of Teamsters , Chauffeurs, Warehouse--
men.. and Helpers of America , AFL-CIO and Teamsters.
Building Association , Inc. and International Brotherhood of-
Teamsters, Chauffeurs, Warehousemen and Helpers of America,
AFL-CIO, and its Local No. 223 , Grocery, Meat, Motorcycle
and Miscellaneous Drivers and Warehousemen Local No. 206,.
affiliated with the International Brotherhood of Teamsters,.
Chauffeurs, Warehousemen and Helpers of America , AFL-CIO
and International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , AFL-CIO and Joint
Council of Drivers, No . 37 and International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of Amer-
ica, AFL-CIO, and its agents, John J . Sweeney, and Oregon
Teamsters' Security Plan Office , and William C. Earhart, Ad-
ministrator thereof, and of Teamsters Security Administration
Fund and Office Employes International Union, Local No. 11.
Cases Nos. 36-CA-410, 36-CA-637, 36-CA-638, 36-CA-639, 36-
CA-647, and 36-CA-648. December 4, 1957
FINDINGS AND ORDER DENYING PETITION
On October 30,1957, the Board issued a Supplemental Decision and
Order 1 in the above-entitled proceeding. Thereafter, on November
12, 1957, Oregon Teamsters' Security Plan Office and William C.
Earhart, administrator thereof, filed a petition for reconsideration of
1119 NLRB 207.
119 NLRB No. 91.