Newark Transformer Co.

National Labor Relations Board - Board Decisions

Mar 30, 1948

76 N.L.R.B. 1005 (N.L.R.B. 1948)

In the Matter of NEWARK TRANSFORMER COMPANY, EMPLOYER and
TRANS-WIRE EMPLOYEES ' UNION, UNAFFILIATED , PETITIONER
Case No. 2-RC-57.-Decided March 30, 198
Mr. Norman A. Lvrenfeld. of Linden, N. J., for the Employer.
Mr. Lester A. Simandl, of Elizabeth, N. J., for the Petitioner.
Mr. Morton Stavis, of Newark, N. J., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New York
City, on November 7, 1947, before Robert Silagi, hearing officer.
Local 473, United Electrical Radio and Machine Workers of America,
C. I. 0., hereinafter referred to as the Intervenor, sought to intervene
in the instant proceeding for the purpose of urging its existing con-
tract with the Employer as a bar to a current determination of repre-
sentatives. Because of its failure to comply with Section 9 (f), (g),
and (h) of the Act, the hearing officer limited the intervention of the
Intervenor solely to a showing of Whether or not the contract was a
bar to an election. We have previously held that a non-complying
union which has a contract may intervene without limitation, and may
present evidence on all relevant issues.' However, because the sole
issue here pertains to the question of a possible contract bar, and it
appears from the record that the Intervenor had full opportunity to
present all relevant evidence on that issue, we find that the hearing
officer's rulilig_limiting the Intervenor's participation in this particu-
lar hearing was not prejudicial.2
The remainder of the hearing officer's rulings made at the hearing
are likewise free from prejudicial error and are hereby affirmed. The'
Intervenor 's motion to dismiss is denied for reasons hereinafter stated.
' Matter of American Chain and Cable Company , Case No 4-R-2752, remanded February
17, 1948. See order reopening record and referring proceeding to Regional Director
4 Matter of The Baldwin Locomotive Works, 76 N. L. It. B. 922.
76 N. L. It. B., No. 145.
1005
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the National Labor Relations
Board 3 makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Newark Transformer Company, a New Jersey corporation, has its
principal office and place of business at Linden, New Jersey, where it
is engaged in the manufacture of electrical transformers. During the
past year, the Employer purchased raw materials valued in excess of
$500,000, of which more than 50 percent was received from points
outside the State of New Jersey. During the same period, the sales
from the Employer's finished products exceeded in value $500,000, of
which more than 25 percent was shipped to points outside the State
of New Jersey.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is an unaffiliated labor organization, claiming to
represent employees of the Employer.
United Electrical, Radio and Machine Workers of America, Local
473, herein called the Intervenor, is a labor organization affiliated with
the Congress of Industrial Organizations, claiming to represent em-
ployees of the Employer.
III. TILE QUESTION CONCERNING REPRESENTATION
The Employer and the Intervenor have had contractual relations
for several years. On December 2, 1946, a contract was signed by
them fora term of 1 year. The contract contains an automatic renewal
clause which provides that it shall remain in force from year to year
thereafter, unless either party notifies the other in writing 30 days
previous to the expiration of the term, or extended terns, "of (its)
intention to change or modify same." On October 8, 1947, the Inter-
venor addressed a letter to the Employer indicating a desire to enter
into negotiations for certain changes in the contract. On November
5, 1947, the Petitioner requested recognition from the Employer as
majority bargaining representative of its production and maintenance
3 Pursuant to the provisions of Section 3 (h) of the National Labor Relations Act, the
National Labor Relations Boaid has delegated its pouueis in connection with this cane to
a three-man panel consisting of the undersigned Board Members [Chaiunan Herzog and
Members Reynolds and Houston].
NEWARK TRANSFORMER COMPANY 1007
employees, and on November 7, 1947, filed the petition in this
proceeding.
The Intervenor urges its contract with the Employer as a bar to
the petition. The Petitioner and the Employer both contend that the
contract terminated on December 2, 1947, and is, therefore , not a bar
to this proceeding. We agree.
While the Employer and the Intervenor are in disagreement as to
whether the letter of the Intervenor was intended to terminate or
merely to modify the existing agreement , the issue is not material in
the present instance . The agreement expressly provides that where
written notice of change or modification is given by either party, the
contract shall be terminated if the parties have not arrived at an agree-
ment upon the expiration of 30 days . There is no evidence in the
record that the Employer and the intervenor reached an agreement
concerning the changes referred to in the Intervenor 's letter of October
8, 1948, within 30 days from the date of such letter , or at any time
thereafter. As no agreement was ever reached as a result of the letter
of notification , the contract expired according to its terms on December
2, 1947, and constitutes no bar to a determination of representatives.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 ( c) (1) and Section 2 ( 6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Employer, excluding
all office and clerical employees , guards, professional employees, and
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Newark Transformer Company,
Linden , New Jersey, an election by secret ballot shall be conducted
as early as possible, but not later than thirty ( 30) days from the date
of this Direction , under the direction and supervision of the Regional
Director for the Second Region, and subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in See-
4 Having failed to comply with the filing requirements of Section 9 (f), (g), and (h)
of the Act , as amended , the Intervenor will not be accorded a place on the ballot.
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to de-
termine whether or not they desire to be represented by Trans-Wire
Employees' Union, for the purposes of collective bargaining.