Lloyd A. Fry Roofing Co.

National Labor Relations Board - Board Decisions

Jul 10, 1957

118 N.L.R.B. 587 (N.L.R.B. 1957)

LLOYD A . FRY ROOFING COMPANY 587
Labor Relations Board in Case No. 2-RC-8452 , or any other certification. by
the Board of a bargaining ' representative other than the undersigned labor
organization , we will not engage in, or induce or encourage the employees of
Packard Knitwear, Inc., or of any other employer , to engage , in, a strike or
concerted refusal in the course of their employment to use , manufacture,
process, transport , or otherwise 'handle or work on, any goods, articles, ma-
terials, or commodities , or to perform any services , where an object thereof
is to force or require Packard Knitwear, Inc., to recognize or bargain with
'the 'undersigned Union in the collective -bargaining unit of employees covered
by such certification.
KNITGOODS WORKERS UNION , LOCAL 155 , INTER-
NATIONAL LADIES ' GARMENT WORKERS ' UNION,
AFL-CIO,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 consecutive days from the date hereof, and
must not be altered , defaced , or covered by any other material.
Lloyd A. Fry Roofing Company and International Brotherhood
of Papermakers, AFL-CIO,. Petitioner. Case No. 39-RC-1085.
July 10,1957
ORDER AMENDING CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Board Decision and Direction of Election 1 an election
was held among the Employer's production and maintenance em-
ployees on December 12, 1956.. Thereafter on February 7, 1957, the
International Brotherhood of Papermakers, AFL-CIO, herein called
IBPM, having received a majority of the valid votes cast in the
election was certified as the exclusive representative of the above
employees?
Thereafter, on March 18,1957, the United Papermakers and Paper-
workers, AFL-CIO, herein called UPP, successor to the IBPM and
United Paperworkers of America, AFL-CIO, herein called UPA,
filed a motion with the Board requesting that the aforementioned
certification be amended by substituting thejnanleof the UPP in place
and in stead of the IBPM. The Employer opposes the motion to
amend the certification, in substance, on the grounds that: (1) The
Board is without authority to amend the certification; (2) the em-
ployees have a right to select their own representative; (3) the UPP
is a new and different labor organization than the IBPM selected by
I Case No. 39-RC-1085, not reported in the printed volumes of the Board 's Decisions
and Orders.
2 Following the election the Employer filed objections to the conduct affecting the results
of the election . The Regional Director investigated the objections and on January 17, 1957,
filed his report recommending that the objections be overruled . As no exceptions to the
Regional Director 's report were filed , the Regional Director 's report was adopted , and the
objections were overruled.
118 NLRB No. 69.
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees; and (4) the Employer's employees had no voice at the
merger convention.
The Board has duly considered the motion and countermotions.3
The IBPM and the UPA at their respective special conventions
held in Chicago, Illinois, on March 4 and 5,1957, duly called, approved
the terms of an agreement for merger and an implementation agree-
ment theretofore negotiated by the international officers of the IBPM
and UPA. These agreements provided for the combination and con-
tinuation of IBPM and UPA as the UPP, with the UPP assuming all
of the assets and liabilities of the IBPM and UPA and the bargaining
rights, privileges, duties, and responsibilities of the existing collective-
bargaining agreements and certifications of the IBPM and UPA to
be vested in the UPP. At its first constitutional convention of the
UPP held on March 7, 1957, the constitution and bylaws of the newly
formed UPP were adopted. The two unions were of comparable size
and the officers of UPP are composed of the former officers of the
IBPM and UPA. It is further noted that the IBPM, and not a local,
was certified to represent the employees.
It is apparent from the above that the UPP (the consolidated
group) was intended to function as a continuation of the IBPM and
UPA, its two constituent unions, and the consolidation would there-
fore not impair any of their certifications 4
[The Board amended the certification of representatives by sub-
stituting therein United Papermakers and Paperworkers, AFL-CIO,
for International Brotherhood of Papermakers, AFL-CIO.]
s The following motions and countermotions were filed by the parties : On March 18,
1957, the UPP filed a motion to amend the certification ; on March 25, 1957, the Employer
by telegram opposed the motion to amend the certification ; on April 1, 1957, the Employer
filed a motion to deny the amendment to the certification ; on April 10, 1957, the UPP
filed a supplemental motion to amend the certification ; on April 24, 1957, the Employer
filed an answer to the supplemental motion to amend the certification.
4 We find no useful purpose would be served by holding a bearing as alternatively re-
quested by the Employer , and for the reasons stated in Union Carbide and Carbon Corpo-
ration v. N . L. R. B., 244 F. 2d 672 (C. A. 6), decided May 14, 1957, we shall grant the
UPP's motion , and amend the certification accordingly.
Technicolor New York Corporation and Motion Picture Labora-
tory Technicians, Local 702, International Alliance of Theatri-
cal Stage Employees and Moving Picture Machine Operators
of the United States and Canada, AFL-CIO, Petitioner. Case
No. 2-RC-8738. July 10, 1957
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 Aaron Weissman, hearing
118 NLRB No. 68.