Pointer-Willamette Co.

National Labor Relations Board - Board Decisions

Oct 26, 1945

64 N.L.R.B. 469 (N.L.R.B. 1945)

In the Matter of R. W. POINTER, D/B,/A POINTER-WILLAMETTE Co. and
UNITED STEELWORKERS OF AMERICA, CIO
Case No. 19-R-155-3.-Decided October 26,1945
Messrs. A. H. Hitz and G. 0. Manwa'i ing, of Billings, Mont. for
the Company.
Mr. A. M. Katz, of Billings, Mont., for the CIO.
Mr. John 7'. Curtis, of Spokane, Wash., and Mr. Harvey E. Lynde,
of Billings, Mont., for the IAM.
M11r. Sidney Grossman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by the United Steelworkers of America,
CIO, herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of R. W.
Pointer, d/b/a Pointer-Willamette Co., Billings, Montana, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before John E. Hedrick,
Trial Examiner. The hearing was held at Billings, Montana, on
July 2, 1945. The Company, the CIO, and the International Associ-
ation of Machinists, Lodge No. 622, AFL, herein called the IAM,
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Pointer-Willamette Co., under the proprietorship of R. W.
Pointer, with principal offices at Portland, Oregon, is engaged in the
manufacture of 20-ton machinery trailers for the U. S. Army Engi-
64 N. L. R. B, No. 85.
469
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
neers at its Billings, Montana, plant, with which this proceeding is
concerned. It also maintains a manufacturing plant at Edmonds,
Washington, and a sales and service office at Spokane, Washington.
The principal raw material used by the Company at its Billings plant
is steel, almost all of which is secured from sources outside the State
of Montana. The Company's production at its Billings plant, during
the fiscal year ending July 1, 1945, approximated $8,000,000 in value;
all of its finished products were shipped to points outside the State of
Montana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
International Association of Machinists, Lodge No. 622, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
M. TIIE ALLEGED QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of its employees. The
IAM contends that an existing contract constitutes a bar to this
proceeding.
As a result of a consent election held in April 1944 under Board
auspices, the IAM was certified as the bargaining representative of the
Company's employees. On August 6, 1944, the Company and the IAM
entered into a collective bargaining agreement effective for a period
of 1 year from May 15, 1944, and automatically renewable annually
for an additional 1-year period in the absence of written notice of any
desired change by either of the contracting parties 30 clays prior to
the anniversary date. Neither the Company nor the IAM served such
notice upon the other. The 1944 agreement was therefore automati-
cally renewed on April 15, 1945, and consequently constitutes a bar to
this proceeding unless the CIO filed its petition or otherwise notified
the Company of its representation claim prior to such date., The
record discloses that the CIO never directly notified the Company of
its representation claim. Although it mailed its petition to the Re-
gional Office on April 14, 1945, the petition was not received and
docketed by the Regional Office until April 16, 1945, after the contract
'See Matter of Portland Lumber Mills . 56 N. L . R. B. 1336; Matter of Indianapolis
Power & Light Company, 62 N. L. R. B. 1279.
POINTER-WILLAMETTE CO. 471
had been automatically renewed. We therefore find that the renewal
of the 1944 agreement precludes a present determination of representa-
tives. Accordingly, we shall dismiss the petition filed by the CIO.
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in 'the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of R. W. Pointer, d/b/a Pointer-Willamette Co., Billings,
Montana, filed by United Steelworkers of America, CIO, be, and it
hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.