Ohmer Corp.

National Labor Relations Board - Board Decisions

Mar 31, 1950

88 N.L.R.B. 1538 (N.L.R.B. 1950)

In the Matter Of OIIMER CORPORATION, PETITIONER AND EMPLOYER,
and UNITED ELECTRICAL, RADIO AND MACHINE W ORKERS OF AMERICA,
AMALGAMATED LOCAL 768 and INTERNATIONAL UNION OF ELEC-
TRICAL, RADIO AND MACHINE WORKERS , LOCAL 768, CIO
Case No. 9-R1TJ-48.-Decided March 31,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before. Alan A.
Bruckner, 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.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Styles].
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 certain em-
ployees of the Employer.
3. United Electrical, Radio and Machine Workers of America,
Amalgamated Local 768, herein called the UE, contends that a current
contract constitutes a bar to a determination of representatives at this
time.
The Employer has bargained with the UE since 1941. The current
contract, herein alleged as a bar, was originally entered into by the
Employer and the UE on March 15, 1948. This contract was auto-
matically renewed in 1949 and is due to expire on June 1, 1950, unless
again renewed.
On or about October 30, 1949, the UE was expelled from the CIO
and the International Union of Electrical, Radio and Machine Work-
ers, herein called the IUE, was formed. On November 10, 1949, at a
special general membership meeting, the members of the UE's Amal-
gamated Local 768 voted to disaffiliate from the UE and to affiliate
88 NLRB No. 157.
1538
OHPZER CORPORATION 1539
with the IUE as Local 768. Thereafter both the UE and the IUE
have engaged in activities as "Local 768," each has been holding
periodic meetings, and each claims the right as "Local 768" to repre-
sent employees under the current contract.
After November 10, 1949, the UE and the IUE each sent letters and
telegrams to the Employer, requesting recognition as bargaining repre-
sentative of employees under the contract and asking the withholding
of the payment of dues checked off to the other labor organization.
The Employer did not reply to these requests, but instead filed the
instant petition. Pending the determination of this proceeding, the
Employer, uncertain as to the identity of the bargaining representative
of its employees, is withholding the payment of dues deducted in
accordance with contract terms.
Under these circumstances, the contract is not a bar to this pro-
ceeding.,
We find that a question affecting commerce exists concerning repre-
sentation of employees of the Employer within,the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer at its Dayton, Ohio,
plant constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act:
All production workers and those directly associated with produc-
tion, excluding clerical force, counters, engineering and time-study
employees, professional employees, guards, service school students,
foremen and assistant foremen, and all other supervisors as defined in
the Act.
DIRECTION OF ELECTION
D
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with t lie l7nihloyer, ,in election by secret
ballot shall be conducted is early as possible, but not later than 30 days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed dur-
ing .the payroll period immediately preceding the date of this Direc-
tion of Election, including employees who did not work during said
payroll 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
t Allbritton Motors , rite., 87 NLRB 193; Foley Lumber t Export Corporation, 70 NLRB
73, and cases cited therein.
882191-51-98
1540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the date of the election , and also excluding employees on strike who
are not entitled to reinstatement, to determine whether they desire to
be represented , for purposes of collective bargaining , by United Elec-
trical, Radio and Machine Workers of America, Amalgamated Local
768, or by International Union of Electrical , Radio and Machine
Workers, Local 768, CIO, or by neither.