Nelson Name Plate Co.

National Labor Relations Board - Board Decisions

Dec 16, 1958

122 N.L.R.B. 467 (N.L.R.B. 1958)

NELSON NAME PLATE COMPANY
APPENDIX
467
' NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that:
WE WILL NOT assist , dominate , contribute support to , or interfere with, the
formation or administration of any labor organization of our employees, or
otherwise interfere with the representation of our employees through a labor
organization of their own choosing.
WE hereby disestablish the Grievance Committee , including its component
part , the Appeal Board , as the representative of any of our employees for
the purpose of dealing with us concerning grievances , labor disputes , wages,
rates of pay , hours of employment , or other conditions of employment.
WE WILL NOT in any like or related manner interfere with, restrain, or
coerce our employees in the exercise of the right to self-organization , to form
labor organizations , to join or assist any labor organization , to bargain col-
lectively through representatives of their own choosing , and to engage in
other concerted activities , for the purpose of collective bargaining or other
mutual aid or protection , or to refrain from any and all such activities , except
to the extent that such right may be affected by an agreement requiring mem-
bership in a labor organization as a condition of employment , as authorized
in Section 8(a)(3) of the Act.
THE MULTI-COLOR COMPANY,
Employer.
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.
Nelson Name Plate Company , Petitioner and Metal Trades
Council of Southern California and its affiliated Local and
International Unions, AFL-CIO. Case No. 21-RM-511. De-
cember 16, 1958
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before Max Stein-
feld, a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
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 employees
of the Employer.
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of Sec-
tion 9(c) (1) and Section 2(6) and (7) of the Act for the following
reasons:
The Union moved to dismiss the petition on the ground, among
others, that it was not timely filed. The Union and the Employer
122 NLRB No. 66.
48 DECISIONS ('jib `i^T'A33d i IA' T^i413b1^ ' RA1 MIW8 BOARD
executed a 1-year contract c6QAi g'fhe employees in the proposed
unit, the termination date.of which-. was, .October 22, 1958. The Em-
ployer filed: the; instant, petition on,August ,29, X.P5.8. It.is, clear,; thpre-
fore,1 that _ the ^ petition was ' filed z. within the 60-day: period imme
diately ,preceding the expiration rate of the ' contract:' The Board
faas decided that, i6 ,r . uie • in Del'aee Metal Fi rnitur:'e, Company,
121 NLRB 995, establishing' a 60-clay insulated . eriod 'during which
petitions will not , be , entertained applies to all petitions.. As 'the
instant petition was , filed during Such period, we. find that , it is
untimely. The xiotion to dismiss on this ground is therefore granted.
,The Board dismissed the petition.]
, MEMBER BEAN . took no part, in the Consideration of. the above. De-
,eision and Order.'
'U.S. Radium Corporation , and Oil, Chemical ' and Atomic Work-
ers`ti te'rnational Union, AFL-CIO, Petitioner. Case No. 4-RC-
23q.,1;.17ecem-ber 17,.1958,; ... ;
SUPPLEMENTAL . DECISION AND DIRECTION
On April 18, 1957, pursuant to a Decision and Direction 1 issued
by' the Board on' M trch 27, 1957, in the above proceeding, an elec-
tion by secret ballot was conducted' under the direction and ' super-
vision of the Regional Director for the Fourth Region. among'the
employees in the unit found appropriate. The tally"ofballots showed
that of approximately 204 eligible, voters, 203 east ballots, of which
88 were for the Petitioner, 100 for Independent Radium Workers,
and 15 against participating labor organizations. ,
Thereafter, the Petitioners filed' objections, to.:the conduct of . the
election which the: Acting.. Regional Director. recommended over
ruling in his report filed June 25,' 1957. He also recommended that
a runoff election:be held because no choice .on the ballot had received
:a majority vote. No exceptions having been filed to the: report, the
Board in its Supplemental Decision. and Direction. of July 10, 1957,2
-directed: that, a runoff. election" be I held with the Petitioner and the
Independent Union on the ballot. On July 30, 1957, the runoff elec-
tion was conducted by secret ballot. This time' the tally of ballots
showed that the appropmate number of eligible voters was 203,
that 187 valid votes 'were 'counted of which 94 were 'for the Peti=
tioner and 93 for the Independent, and that in addition 5-ballots
.were challenged.
2 Unpublished.
Unpublished.
122 NLRB No. 76.