Paramount Shoulder Pad Co.

National Labor Relations Board - Board Decisions

Nov 23, 1948

80 N.L.R.B. 760 (N.L.R.B. 1948)

In the Matter of PARAMOUNT SHOULDER PAD COMPANY, EMPLOYER and
ABE WOLK, PETITIONER and LOCAL 266, INTERNATIONAL LADIES GAR-
MENT WORKERS UNION, AFL, UNION
Case No. 21-RD-25.-Decided November 23, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
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 Petitioner asserts that the Union is no longer the bargaining
representative of the employees of the Employer as defined in Section
9 (a) of the Act.
3. The Union was recognized as the exclusive bargaining repre-
sentative of all the production, maintenance, and shipping employees
of the Employer in a contract dated October 23, 1947. The contract
provided that it was to remain in effect until November 1, 1948; a 60-
day automatic renewal clause provided for an extension of 1 year.
In accordance with the terms of the contract, the Employer served
timely notice of intent to terminate the contract as of November 1,
1948. The Union has made no request for renewal or renegotiation of
the contract.
*Chairman Herzog and Members Houston and Murdock.
80 N. L. R. B., No. 116.
760
PARAMOUNT SHOULDER PAD COMPANY 761
At the hearing, the Union unequivocally disclaimed interest in the
Employer's employees.' Under these circumstances, and in accord
with established Board policy,2 we find that no 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. We shall, therefore, dismiss the petition .3
ORDER
IT IS HEREBY ORDERED that the petition filed by Abe Wolk for de-
certification of Local 266, International Ladies Garment Workers
Union, AFL, as bargaining representative of employees of Paramount
Shoulder Pad Company, Los Angeles, California, be, and it hereby
is, dismissed.
' A witness for the Union stated : "It is the Union's present position that at the present
time the Union does not represent the majority of the employees of this Company, makes
no claim to represent a majority of the employees of this Company ; does not intend to
renew the contract ; has made no demand the contract be renewed, and has filed no peti-
tion with the Board or any other manner or fashion indicated to the Company or any-
body else that the union represents a majority of the people here."
2 Matter of Federal Skspbuildsng and Drydock Co., 76 N. L. R. B. 413; Matter of Riggs
Optical Co., 77 N. L. R. B. 265.
8 At the hearing, the Union moved to dismiss the petition on the ground that the Peti-
tioner is a minor and, under the laws of California, incompetent to bring legal action in
his own name. The hearing officer referred this ruling to the Board. In view of our
dismissal of the petition for the reasons set forth above, we find it unnecessary to rule
upon the Union's motion to dismiss