97 N.L.R.B. 638 (N.L.R.B. 1951)

Owens-Illinois Glass Co.

National Labor Relations Board - Board DecisionsDec 20, 1951

97 N.L.R.B. 638 (N.L.R.B. 1951)

638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD AMERICAN COATING MILLS, DIVISION OF OWENS-ILLINOIS GLASS, COM- PANY and PRINTING SPECIALTIES AND PAPER PRODUCTS UNION No. 415, PETITIONER CHICAGO CARTON COMPANY, DIVISION OF UNITED BISCUIT COMPANY OF AMERICA and PRINTING SPECIALTIES AND PAPER PRODUCTS UNION No. 415, PETITIONER CONTAINER CORPORATION OF AMERICA and PRINTING SPECIALTIES AND PAPER PRODUCTS UNION No. 415, PETITIONER CONTAINER CORPORATION OF AMERICA and DISTRICT No. 8 , INTERNA- TIONAL ASSOCIATION OF MACHINISTS, PETITIONER. Cases Nos. 13- RC-2?41, 13-RC-924 , 13-RC-2243, and 13-RC-' L62. December 2071951 Decision and Direction of Elections Upon separate petitions duly filed, a consolidated hearing was held before John P. von Rohr, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with these cases to a three- member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in these cases, the Board finds : 1. Each of the Employers is engaged in commerce within the mean- ing of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employers. 3. International Printing Pressmen & Assistants' Union of North America, AFL, hereinafter called the Intervenor,' contends that the contracts in effect between Chicago Carton Company (Division of United Biscuit Company of America), Container Corporation of America, and American Coating Mills (Division of Owens-Illinois Glass Company), the Employers involved herein, and the Intervenor are bars to present representation elections. Printing Specialties and Paper Products Union No. 415, hereinafter called the Petitioner, and District No. 8, International Association of Machinists, hereinafter 'International Printing Pressmen & Assistants' Union of North America, AFL, was permitted to intervene upon a proper showing of interest in the proceeding. 97 NLRB No. 95. AMERICAN COATING MILLS 639 called the IAM, contend, among other arguments,2 that these con- tracts all contain illegal union-security clauses and therefore cannot operate as bars to the present proceedings. In Case No. 13-RC-2241, involving American Coating Mills, the union-security clause reads as follows : It is agreed that for the life of this agreement, all eligible employees shall as a condition of employment become and remain- members of the Union in good standing and all new employees shall become members of the Union (upon completion of 30 days of employment). In Case No. 13-RC-2242, involving Chicago Carton Company, the union-security clause reads as follows : All employees covered hereunder shall become members of the Union. All new employees covered hereunder shall become mem- bers of the Union thirty (30) days after their employment.... In Cases Nos. 13-RC-2243, and 13-RC-2262, involving the Con- tainer Corporation of America, the union-security clause reads as follows : Pursuant to National Labor Relations Board certification, dated January 5, 1948, it is agreed that for the life of this Agree- ment all eligible employees shall, as a condition of employment, become and remain members of the Union, and all new employees shall become members upon thirty (30) days' employment or the thirtieth day following effective date of this Agreement, whichever is the later, in conformity with the provisions of Sec- tion 8 (a) (3) of the National Labor Relations Act. Examining these provisions in the light of the decision of the Board in the Charles A. Krause Milling Co .3 case, we find that the above clauses, by not according a 30-day grace period to employees who were not already members of the union on the effective date of the contract, provide for union security in excess of that permitted in Section 8 (a) (3) of the Act, and are therefore unlawful within the meaning of that section. The contracts, therefore, cannot operate as bars to these proceedings. We find that questions affecting commerce exist concerning the representation of employees, of the Employers within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. We find, in accordance with the agreement of the parties, that the following employees of the Employers constitute separate units 2 As we find, for reasons hereinafter given , that the above-mentioned contracts contain illegal union-security clauses and therefore cannot operate to bar these proceedings, it is unnecessary for us to determine the merits of the Petitioner's and IAM 's other contentiost concerning the contract bar issue. 0 97 NLRB 536 640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : 1. All production and maintenance employees of the American Coating Mills, Division of Owens-Illinois Glass Company at its Chi- cago, Illinois, plant, excluding truck drivers, office help, and super- visors within the meaning of the Act. . 2. All production and maintenance employees, of the Chicago Car- ton Company, Division of United Biscuit Company of America at its Chicago, Illinois, plant, including shipping and receiving employ- ees, but excluding office employees, sales force, salaried employees, storekeepers, watchmen, steam plant employees, cafeteria employees, executives, and supervisors within the meaning of the Act. 3. All factory employees of the Container Corporation of America plant at 1301 West 35th Street, Chicago, Illinois, including production and cafeteria employees, window washers, janitors and janitresses, and excluding all other employees of the maintenance department, all office and clerical employees, guards, power plant, professional, and supervisory employees as defined in the National Labor Relations Act. 4. All employees in the maintenance department of the Container Corporation of America plant at 1301 West 35th Street, Chicago, Illinois, excluding the window washers, janitors and janitresses, office and clerical employees, guards, power plant employees, professional employees, supervisors, and all other employees. [Text of Direction of Elections omitted from publication in this volume.] EDWARD H. GOODWIN AND GEORGE G. GOODWIN D/B/A PACIFIC TENT AWNING, Co. and UPHOLSTERERS ' INTERNATIONAL UNION, LOCAL No. 26, PETITIONER. Case No. 20-RC-142?. December 26, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Nathan R. Berke, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 Herzog and Members Reynolds and Murdock]. 97 NLRB No. 87.