Prime Mfg. Co.

National Labor Relations Board - Board Decisions

Mar 23, 1950

88 N.L.R.B. 1400 (N.L.R.B. 1950)

In the Matter of PRIME MFG . CO., EMPLOYER and AMALGAMATED LOCAL
257, INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORK-
ERS, CIO, PETITIONER
Case No. 1-RC-1309.-Decided March 03, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Thomas H.
Ramsey, 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 [Members Houston, Reynolds, and
Murdock].
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 labor organizations involved claim to represent certain
employees 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. °
On January 26, 1949, the Employer and the UE, by its Local No.
257, entered into a collective bargaining agreement covering the
employees here sought to be represented by the Petitioner. The con-
tract provided for an initial 1-year term, with an additional year
unless 60 days before the expiration date notice be given that either
party desired to terminate or modify the agreement.
By wire of November 4, 1949, the IUE advised the Employer that
it had been chartered by the CIO as an affiliate with jurisdiction
in the field formerly reserved to the UE, after expulsion of the UE
by the CIO on November 2, 1949, that it claimed substitution under
I The Petitioner 's parent organization is herein referred to as the IUE. The Intervenor,
United Electrical , Radio and Machine Workers of America, herein referred to as the UE,
claims a contract interest.
88 NLRB No. 250.
1400
PRIME MFG. Co. 1401
existing bargaining agreements of the UE, and that a majority of
the Employer's employees, having elected to remain with the CIO,
were represented by it.
Several days later, on November 8, a meeting of UE Local 257 was
held and the membership, with an attendance of more than 50 percent,
voted unanimously to remain in the CIO and apply for an IUE
charter, which charter was granted as of November 9. Those who
had been officers of UE Local 257 were elected to the same offices in
the new IUE Local 257.
On November 10, 1949, the UE wired the Employer that the "pres-
ent" officers of Local 257 no longer represented the UE, and advised
that it was holding the Employer responsible for carrying out the
contract.
Studley, president of the Local, testified, without contradiction, that
from "the middle of November" to December 1, 1949, he talked with
the Employer's Treasurer Chase "every other day or so," asking recog-
nition of IUE Local 257 and renewing its claim to succeed as bar-
gaining representative under the contract, and that the Employer
refused recognition because it wished Board determination of the
representation question. On November 25 Studley wrote the Em-
ployer formally requesting modification of the bargaining agreement,
and on December 2 he filed the petition herein, alleging representa-
tion of all employees in the unit, that a claim of representation had
been made to the Employer and that recognition had been refused.
On this evidence we find that, within 10 days prior to the filing of
the petition herein and before the operative date of the contract's
renewal clause (November 27, 1949), adequate notice of a representa-
tion claim was given by the Petitioner to the Employer.' Hence we
find that the contract of January 26, 1949, constitutes no bar to a
present determination of representatives.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees of the Employer at its
Lynn, Massachusetts, plant, excluding executives, office and clerical
employees, professional employees, guards, and supervisors as defined
in the Act.
- DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
2 Consolidated Vultee Aircraft Corporation, 74 NLRB 967.
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
30 days from the date of this Direction, under the direction and super-
vision 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 during the payroll period immediately . preceding the date
of this Direction 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 discharged for cause and have not been rehired or rein-
stated 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 .bargain-
ing, by Amalgamated Local 257, International Union of Electrical,
Radio & Machine Workers, CIO.3
8 The United Electrical , Radio and Machine Workers of America is omitted from the
ballot because of the failure of its Local 257 to comply with the filing requirements in
Section 9 ( f), (g), and ( h). In the event that Local 257 effects compliance with the filing
requirements of the Act within 2 weeks from the date of this Direction , the Regional
Director is instructed to accord the UE a place on the ballot in the election directed herein.