Neon Products, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1947

74 N.L.R.B. 766 (N.L.R.B. 1947)

In the Matter of NEON PRODUCTS, INC., EMPLOYER and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION B-32, A. F. L.,
PETITIONER
Case No. 8-R4662.-Decided July 30,19.417
Bentley, Neville, Cory and Roselle, by Mr. C. H. Cory, of Lima,
Ohio, and Mr. J. A. Howenstine, of Linia, Ohio, for the Employer.
Mr. James E. Noe, of Lima, Ohio, for the Petitioner.
David Scribner, by Mr. Allan Brodsky, of New York City, for the
Intervenor.
Mr. Edmund J. Flynn, of counsel to the Board.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Lima,
Ohio, on June 20, 1947, before John A. Hull, Jr., hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. At the hearing , the Intervenor moved
to dismiss the petition on the ground that a contract between the
Intervenor and the Employer is a bar to an election. For the reasons
stated in Section III, below, this motion is hereby granted.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Neon Products, Inc., is an Ohio corporation with its principal office
and plant at Lima, Ohio, where it is engaged in the manufacture of
neon signs. Annually the Employer uses raw materials valued in ex-
cess of $1,000,000, of which more than 50 percent is shipped from points
outside the State of Ohio. The Employer annually produces finished
products valued in excess of $3,000,000, of which more than 80 percent
is shipped to points outside the State.
74 N L R B, No 129.
766
NEON PRODUCTS, INC. 767
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
United Electrical, Radio and Machine Workers of America, herein
called the Intervenor, is a labor organization affiliated with the Con-
gress of Industrial Organizations, claiming to represent employees of
the Employer.
111. THE ALLEGED QUESTION- CONCERNING REPRESENTATION
On January 15, 1946, the Employer and the Intervenor executed a
collective bargaining contract covering all production and maintenance
employees of the Employer. Article XVI of this contract provides :
This agreement shall iemain in full force and effect for a period
of one (1) year from the date hereof and shall thereafter be con-
tinued from year to year unless either party gives the other party
thirty (30) days advance written notice of cancellation or its
desire to make changes in this agreement. Upon receipt of such
notice a conference shall be arranged for within ten (10) clays.
On April 30, 1947, the Petitioner apprised the Employer of its claim
to representation, and on May 20, 1947, filed the petition in this case.
The Intervenor contends that its contract with the Employer is a bar
to an election at this time inasmuch as the contract automatically
renewed itself for another year on January 15,1947, no notice of cancel-
lation or change having been given by either party 30 days prior to that
date.' The Petitioner, however, contends that the contract is not a
bar; it alleges that after the initial contract year the language of
Article XVI makes the contract one of indefinite- duration because
either party to th6 contract may cancel it at any time by giving 30 days
written notice.' The Employer takes the position that Article, XVI is
ambiguous and leaves the clarification of its language to the Board.
It is our opinion that the reasonable interpretation of the afore-
mentioned contract provision is that "written notice" shall be given
"thirty days in advance of any anniversary date." 3 We take the
phrase "year to year," preceding the phrase "thirty (30) days advance
written notice," as indicating this result. The conduct of the contract-
ing parties lends further support to this interpretation. Thus, when
' See Matter of Story and Claik Piano Co , 59 N. L. R B 185.
2 See Matter of L. E Shunk Latex Products, Inc , 67 N L R B 552, 553
3 See Matter of Memphis Butchers Association, Inc, 72 N. L R. B 934
755420-4S-vol 74 50
.768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Intervenor in March i 947 reopened the wage provision of the con-
tract as provided therein,4 it insisted that other contract changes could
be effected only upon notice given prior to an anniversary date. The
negotiations were accordingly restricted. We find, therefore, that the
automatic renewal clause of the January 1946 contract became opera-
tive in December 1946; and that the new contract term is for a 1-year
period, with provision for automatic yearly renewal, unless notice of
change or cancellation is given 30 days prior to the automatic renewal
date.'
Inasmuch as the present contract between the Intervenor and the
Employer became effective before the assertion of the Petitioner's
desires to representation, we find that this contract is a bar to a cur-
rent determination of representatives. We shall, therefore, dismiss
the petition.
ORDER
The National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees of
Neon Products , Inc., Lima, Ohio, filed by International Brotherhood
of Electrical Workers, Local Union B-32, A. F. L., be, and it hereby
is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.
4 Article X, Section 2 reads : "The wage section of this agreement shall be reopened at
the request of either party on thirty ( 30) days written notice."
5 Matter of Memphis Butchers Association, Inc., 72 N L. R. B. 934.