104 N.L.R.B. 829 (N.L.R.B. 1953)

Prairie Manufacturing Co.

National Labor Relations Board - Board DecisionsMay 6, 1953

104 N.L.R.B. 829 (N.L.R.B. 1953)

PRAIRIE MANUFACTURING COMPANY 8Z9 shift, he began to secure the boilerroom in the event that his relief man did not report on time. Thereafter he also unsuccessfully attempted to notify his foreman of his intention to join the strike and to request relief. Brown cut off the fuel supply, cooled down the boilers to the extent possible , reduced the steam pressure , pulled out the ashes and wetted them down, swept away shavings from the feed holes, and sprinkled water around inflam- mable areas . After leaving the boilerroom and on his way out to the picket line, Brown informed the Respondent's executive vice president that he had cooled down the boilers. We find, as did the Trial Examiner, that under all the circumstances Brown acted in a reasonable manner to prevent any reasonably foreseeable damage to the plant arising out of his cessation of work at the end of his shift. The fact that at the time Brown left there was still some heat and fire in the boilers which may well have ignited some shavings in the boilerroom about an hour later is not entitled to controlling significance , for Brown's obligation to secure the boilerroom was not that of an insurer. Otherwise, his right to strike would be seriously impaired, if not nullified altogether. Indeed, the Respond- ent had virtual immediate notice that Brown had left the boilerroom unattended and sent employee Nix to ascertain its condition. The fact that Nix then found the boilerroom in what appeared to be a safe condition and therefore left the room before the delayed arrival of Brown ' s regu- lar relief man independently confirms the view that Brown acted in a reasonable manner to protect the Respondent's property from reasonably foreseeable darhage. By refusing to reinstate him because he had left his post before relief arrivedhib or because he had failed to take every precaution that might have secured the Respondent's property for an indefinite period of time, the Respondent unlawfully interfered with Brown's right to engage in concerted activity. Member Peterson took no part in the consideration of the above Amendment to Decision and Order. 12bThe fact that in joining the strike Brown acted contrary to the Respondent's standing instructions not to leave his post unattended did not constitute valid grounds for denying him further employment General rules of this kind, applicable to normal working conditions, may not limit the right to strike Home Beneficial Life Insurance Company, Inc. v N L R B, 159 F 2d 280 (C A. 4) PRAIRIE MANUFACTURING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, Petitioner. Case No. 14 -RC-2118. May 6, 1953 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 Walter A. 104 NLRB No. 100. 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Werner, 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 Styles and Peterson]. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The Petitioner is a labor organization claiming to repre- sent certain employees of the Employer. The United Garment Workers of America, AFL, herein after called UGW, and its Local Union No. 363, hereinafter called the Local, intervened at the hearing on the basis of a current contract. We find that UGW is a labor organization. The Petitioner declined to stipulate, however, that the Local is a labor organization within the meaning of the Act, contending that the Local is defunct. This contention is considered below. 3. The Intervenors and the Employer contend that a contract executed by the Employer and the Local on December 18, 1952, to expire on December 18, 1954, bars the instant petition. The Petitioner contends that the contract is not a bar because the Local is defunct. The record shows that shortly after the Employer began operations, UGW filed a representation petition, and in July 1950 was certified after an election as the representative of the Employer's employees. Thereafter, on January 10, 1951, the Employer signed a 2-year contract with the Local and UGW. However, several months later the Local ceased to administer the contract. No grievances were processed, no meetings were held, and no dues collected. On December 18, 1952, the inter- national representative of UGW, after negotiations between him and the Employer, signed a contract which named the Local as the contracting party. The international representative testified that this contract was negotiated and signed without consulting the Local. Soon after the execution of this contract, the international representative made some efforts to revive the Local, but there is no evidence that these efforts were successful or that the Local has attempted to administer the new contract. While the fact that the Local was named as a party to the current contract might seem to negate defunctness, t the record shows that the Local did not participate in the negotiation of the contract and has not assumed any responsibilities there- under.2 Accordingly, in view of all the other circumstances cited above, the mere fact that the Local was a nominal party to the contract is not sufficient, in our opinion, to warrant a finding that it is still functioning as a labor organization. We find, t See American Bakeries Company , 103 NLRB 434. 2These factors , among others, distinguish the instant case from American Bakeries, supra. WILDING PICTURE PRODUCTIONS, INC. 831 therefore , that the Local is defunct , and that the 1952 contract does not bar this proceeding. 4. In accordance with the agreement of the parties , we find that all production and maintenance employees at the Em- ployer's East Prairie, Missouri , plant , excluding office clerical and professional employees , guards, and supervisors as de- fined in the Act, constitute a unit appropriate for purposes of collective bargaining. [Text of Direction of Election omitted from publication,] WILDING- PICTURE PRODUCTIONS, INC. and LOCAL UNION 476, STUDIO MECHANICS OF THE INTERNATIONAL ALLI- ANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA, AFL, I.A.T.S.E., Petitioner . Case No. 13-RC-3180. May 7, 1953 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 Jewel G. Maher, 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 Murdock and Peterson]. Upon the entire record in this case , the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The Petitioner and the Intervenor , United Scenic Artists Local Union 350, affiliated with the Brotherhood of Painters, Decorators , and Paperhangers of America, AFL, are labor organizations claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and ( 7) of the Act.' 1 The Intervenor moves to dismiss the petition on the ground that this proceeding in- volves a jurisdictional dispute between two AFL unions . As it does not appear that the dispute could be resolved without resort to the administrative processes of the Act, we shall deny this motion. Pacific Outdoor Advertising Co., 90 NLRB 106. 104 NLRB No. 104.