Peerless X-Ray Laboratories & Manufacturing Corp.

National Labor Relations Board - Board Decisions

May 18, 1950

89 N.L.R.B. 1432 (N.L.R.B. 1950)

In the Matter Of PEERLESS X-RAY LABORATORIES & MANUFACTURING
CORP., EMPLOYER and LOCAL 475, INTERNATIONAL UNION OF ELECTRI-
CAL, RADIO & MACHINE WORKERS, CIO, PETITIONER
Case No. 2-RC-2013.-Decided May 18, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Lloyd S.
Greenidge, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Styles].
Upon the entire record in this case the Board finds :
1. The Employer is engaged in the manufacture and sale of X-Ray
and related equipment in New York City. During the calendar year
preceding the hearing the Employer purchased raw materials, con-
sisting of rolled and drawn steel, iron and nonferrous castings, wire,
and plastics, valued in excess of $100,000, of which more than 50 percent
was received from points outside the State of New York. During the
same period, the Employer sold finished products valued in excess of
$250,000, of which about 75 percent was shipped to points outside
the State.
Contrary to the contention of the Intervenor, we find that the
Employer is engaged in commerce within the meaning of the National
Labor Relations Act.2
' United Electrical , Radio & Machine Workers of America , and its local 475, herein
jointly called the Intervenor , moved to dismiss the petition on the grounds that the Peti-
tioner was not in compliance with the filing requirements of the Act and that the Act is
unconstitutional . For the reasons stated in earlier Board decisions, the motion is denied.
See Consolidated Vultee Aircraft Corporation , 88 NLRB 49 , and Rite-Form Corset Co ., Inc.,
75 NLRB 174. See also , American Communications Association, CIO, et al . v. Douds, U. S.
Sup. Ct. May 8, 1950. Because the correctness of excluding evidence relating to compliance
at representation hearings has been so often repeated in past decisions , we particularly
affirm the hearing officer ' s ruling denying the Intervenor 's motion that he disqualify him-
self for having excluded such evidence . See Angelus Chevrolet Co., 88 NLRB 929, and
The Red Rock Company, 84 NLRB 521.
2 See General Electric X-Ray Corporation , 67 NLRB 997.
89 NLRB No. 185.
1432
PEERLESS X-RAY LABORATORIES' & MANUFACTURING coRP.1433
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act 4
., 4. In accordance with the agreement of the parties, we find that
all production employees of the Employer at its New York City plant,
excluding office employees, stock clerk, errand boy, serviceman, engi-
neers, foreman, executives, porters, draftsmen, shipping clerks, all
other nonproduction 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 5
- As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as 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 dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, and also excluding employees on strike who are not
entitled to reinstatement, to determine whether or not they desire to be
represented, for purposes of collective bargaining, by Local 475, Inter-
national Union of Electrical, Radio & .Machine Workers, CIO.
8 As the record clearly shows that the Petitioner exists for the purpose of dealing with
employers on matters relating to wages and other conditions of employment and that it
admits to membership employees of the Employer, we find no merit in the Intervenor's
contention that the Petitioner is not a labor organization . R. J. Reynolds Tobacco Com-
pany, 88 NLRB 600.
• The Intervenor 's motion to dismiss the petition on the ground of contract bar is denied
as the contract so urged expired on April 30 , 1950 , in accordance with its terms.
b The hearing officer properly rejected the Intervenor's offer to prove that the designa-
tion "Local 475" is a valuable property right belonging to the Intervenor , and that the
use of it by the Petitioner is designed to confuse the employees and therefore fraudulent
and illegal . General Motors Corporation, Frigidaire Division, 88 NLRB 450; Radio
Corporation of America (Victor Division ), 89 NLRB 537.
[By Order dated June 6, 1950 , the Board granted the Intervenor , Local 475, United
Electrical , Radio & Machine Workers of America, permission to withdraw its name from
the ballot.]