Neptune Meter Co.

National Labor Relations Board - Board Decisions

Dec 30, 1966

162 N.L.R.B. 506 (N.L.R.B. 1966)

506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its
provisions, they may communicate directly with the Board's Regional Office, 849
South Broadway, Los Angeles, California 90014, Telephone 688-5229.
Neptune Meter Co. and Local 824, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica,' Petitioner and Local 306, International Union of Electrical,
Radio and Machine Workers , AFL-CIO, and International
Union of Electrical , Radio and Machine Workers , AFL-CIO,2
Intervenors. Case 29-RC-44d. December 30, 1966
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, as amended, a hearing was held before Hearing
Officer Roland Watson 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. The Petitioner, the Intervenors,
and the Employer filed briefs.'
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 McCulloch and Members Jenkins and
Zagoria].
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 Sections
9(c) (1) and 2(6) and (7) of the Act for the following reasons:
Prior to 1962, the Employer recognized an independent union as
the collective-bargaining representative of its factory employees in
Long Island City, its foundry employees in Maspeth, Long Island,
and its clerical employees at both the factory and the foundry. In
1962, the factory and foundry employees voted to affiliate with Local
463, IUE, AFL-CIO, an amalgamated local which represented
employees in about 40 shops. Thereafter, the Employer entered into
collective-bargaining contracts with Local 463 for two bargaining
1 Hereinafter referred to as the Petitioner or Teamsters.
2 Hereinafter - referred to as Local 306, and International, - respectively, or the
Intervenors.
162 NLRB No. 36.
NEPTUNE METER CO. 507
units, one comprising clerical employees at the factory and foundry
and other production and maintenance employees at both installa-
tions. As a result of dissension among the employees, a dissident fac-
tion sought and obtained a charter from the IUE International for a
new local limited to employees of the Employer and designated Local
306. In 1965, new representation elections were held in three bargain-
ing units-clerical, factory, and foundry employees-with both Local
306 and Local 463 on the ballot. Local 306 won the election in the
clerical and factory units, and Local 463 in the foundry unit.
Local 463 and the Employer entered into a collective-bargaining
agreement for the foundry employees effective from September 9,
1965, through January 31, 1968. However, Local 306 would agree
only to a 5-month agreement terminating in January 31, 1966, for
the factory and clerical units. At the expiration of this short-term
agreement, Local 306 struck, but Local 463 did not; in fact, the
leadership of Local 463 directed its members to cross the Local 306
picket lines. The parties stipulated that at this point :
There was such antagonism between the leadership of 463 on
the one hand and the leadership of 306 on the other as to seri-
ously interfere (with) if not almost render impossible the con-
duct of normal collective bargaining between either of the locals
on the one hand and the Company on the other.
In order to resolve the conflict between the two locals, the IUE Inter-
national placed Local 463 under trusteeship. At a subsequent meeting
of Local 463 held on March 1, 1966, the membership voted to assign
Local 463's collective-bargaining contract with the Employer to the
International. Subsequently, on March 28, Local 463, the Inter-
national, and the Employer signed documents substituting the Inter-
national for Local 463 as party to the collective-bargaining contract
with the Employer, and extending the term of the contract to Febru-
ary 1, 1969. On the following day, the issues which had caused the
strike of factory employees were resolved. On April 6, the Employer,
the International, and Local 306 executed an agreement by which
Local 306 was made a party to the assigned contract together with
the International.
On April 15, elections for new shop committeemen were held in
the foundry. All the former Local 463 committeemen, who had
opposed the transfer of representation from Local 463 to Local 306,
were defeated. All employees in the foundry unit have signed dues
checkoff authorizations for Local 306.
The Teamsters filed its petition on April 12, 1966, seeking to repre-
sent the foundry employees. Both the Employer and the Intervenors
508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contend that the existing collective-bargaining contract covering
these employees is a bar.
The issue in this case is not, as contended by the Petitioner,
whether the Board would amend its certificate of representation to
substitute Local 306 and the International for Local 463.3 It is,
rather, whether there exists a collective-bargaining agreement which
under applicable principles constitutes a bar to the instant petition.
The facts set forth above establish that on March 28 and April 6,
1966, the Employer and the Intervenors executed documents which
constituted on their face a valid collective-bargaining agreement for
a period ending February 1, 1969. As to such agreement the petition,
filed thereafter on April 12, 1966, was clearly untimely.4 In these cir-
cumstances, and as no other reason appears why such contract is not a
bar, we shall dismiss the petition as untimely filed.5
[The Board dismissed the petition.]
a Cf. M. A. Norden Co., Inc., 159 NLRB 1730; Gulf Oil Corporation, 135 NLRB 184.
'Appalachian Shale Products Co., 121 NLRB 1160; Deluxe Metal Furniture Company,
121 NLRB 995.
5 As it is unnecessary to this Decision, we do not pass upon the question whether the
contract between the Employer and the Intervenors constituted a premature extension of
the contract between the Employer and Local 463 which has a terminal date of January 31,
1968. See Deluxe Metal Furniture Company, supra.
Jewel Tea Co. Inc. and Its Operating Divisions, Turnstyle Division
and Jewel Food Stores Division and Retail Clerks Union Local
No. 1470, Retail Clerks International Association , AFL-CIO,
Petitioner and Jewel Tea Co. Inc. and Its Operating Divisions,
Turnstyle Division and Jewel Food Stores Division , Employer-
Petitioner and United Retail Workers Union . Cases 38-RC-193
and 38-RM-8. December 30, 1966
DECISION ON REVIEW
On April 8, 1966, the Regional Director for Region 13 issued a
Decision and Direction of Election in the above-entitled proceeding,
in which he found appropriate a unit of all employees of the
Employer, herein called Jewel Tea, at its two stores located respec-
tively at Davenport, Iowa, and Moline, Illinois, excluding the repre-
sented meat department employees, certain other categories, and
employees of the licensed departments.
Thereafter, in accordance with Section 102.67 of the National
Labor Relations Board Rules and Regulations, Series 8, as amended,
the Petitioner in Case 38-RC-193, herein called the Retail Clerks,
filed a timely Request for Review of such Decision and Direction of
162 NLRB No. 44.