Pittsburgh Corning Corp.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1040 (N.L.R.B. 1948)

In the Matter Of PITTSBURGH CORNING CORPORATION, EMPLOYER and
FEDERATION OF GLASS, CERAMIC & SILICA SAND WORKERS OF AMERICA,
CIO, PETITIONER and GENERAL DRIVERS, WAREHOUSEMEN AND HELP-
ERS, LOCAL UNION No. 534, INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL,
INTERVENOR
Case No. 17-R-1852.-Decided September 28,1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Sedalia,
Missouri , on June 16 , 1948, before William J. Scott , hearing officer.
The hearing officer 's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed . At the hearing, the Employer
and the Intervenor moved separately to dismiss the petition. The
hearing officer referred the motions to the Board for ruling thereon.
For reasons appearing hereinafter , the motions are hereby granted.
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.*
The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
The labor organizations involved claim to represent employees of
the Employer.
Upon the entire record in this case , the Board finds that no question
of representation 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 for the following reasons :
On July 19, 1947, about 3 weeks after the commencement of op-
erations at the Employer 's Sedalia, Missouri , plant, the Intervenor
informed the Employer by letter that it represented a majority of
n Houston, Murdock , and Gray.
79 N. L. R. B., No. 131.
1040
PITTSBURGH CORNING CORPORATION 1041
the production and maintenance employees at the plant and requested
that a pay-roll check be made to establish its representative status.
In response to this letter and to telephone calls from the Intervenor,
the Employer conducted a card check, and on July 22 notified the
Intervenor by letter that the card check showed that it was such
majority representative. Thereafter, on July 29 the Petitioner wrote
the Employer as follows :
This is to inform you that the Federation of Glass, Ceramic and
'Silica Sand Workers of America-CIO have a substantial interest
in the Pittsburgh Corning Glass plant, located in Sedalia, Missouri.
Insofar as this is a newly built plant and there is no union con-
tract in existent (sic) at the present time the Federation of Glass,
Ceramic and Silica Sand Workers of America-CIO are requesting
that the Company notify us immediately if any other organization
attempts to negotiate an agreement with the Company in respect
to hours of employment, wages, working conditions and etc. in
relation to all employees working in the maintenance and production
units.
The Employer did not acknowledge this letter, but on August 5, en-
tered into a collective bargaining agreement with the Intervenor