R. M. Hollingshead Corp.

National Labor Relations Board - Board Decisions

Mar 2, 1955

111 N.L.R.B. 840 (N.L.R.B. 1955)

840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It. M. HOLLINoSHEAD CORPORATION and INTERNATIONAL CHEMICAL
WORKERS UNION , AFL, PETITIONER . Case No. 4-RC-2404. Marc 1L
2,1955
Decision and Order
Pursuant to an agreement of the Employer and the Petitioner (In-
ternational Chemical Workers Union, AFL), a consent election was
held on June 24, 1954, among the laboratory assistants and laboratory
technicians employed at the Employer's research and control labora-
tories. Thereafter, on July 2, 1954, the Petitioner, having received
a majority of the valid votes cast in the election, was certified as the
exclusive representative of the above employees. Thereafter, on De-
cember 15, 1954, International Chemical Workers, Local .$579 affili-
ated with the International Chemical Workers Emergency Reorganiza-
tion Committee, filed a motion with the Board to amend the aforesaid
certification by substituting the name "International Chemical Work-
ers, Local #579 affiliated with the International Chemical Workers
Emergency Reorganization Committee" in the place and stead of the
name of "International Chemical Workers Union, AFL," wherever it
appears therein. Subsequently, on January 6, 1955, there was issued
a notice to show cause why the certification should be amended as
requested. On January 27, 1955, the Petitioner and certified bargain-
ing representative (International Chemical Workers Union, AFL)
filed a reply to the said notice to show cause.
The moving party (International Chemical Workers, Local #579
affiliated with the International Chemical Workers Emergency Reor-
ganization Committee) alleges in its motion that (1) it never received
a charter as a local union' in the International Chemical Workers
Union, AFL; (2) it does not have or ever had a contract with the
Employer in the name of the International Chemical Workers, AFL;
(3) although never granted a charter in that International, it had
knowledge "of violations of the International Constitution by mem-
bers of the International Chemical Workers Union A. F. of L. Execu-
tive Board"; (4) it "never had the assistance and services of the In-
ternational Chemical Workers Union A. F. of L.," and decided by
unanimous vote at its general membership meeting to disassociate it-
self from that labor organization and "to affiliate with the Interna-
tional Chemical Workers Emergency Reorganization Committee," and
had signed cards from every member of the unit and received a charter
in the International. Chemical Workers Emergency Reorganization
Committee; and (5) it negotiated with the Employer and reached
agreement as to wages and working conditions but that the "only item
holding up the signing of an agreement is the question of recognition";
and (6) the Employer stated that it will change the recognition clause
only when the Board has amended the certification. The moving party
111 NLRB No. 132.
GENERAL MOTORS CORPORATION 841
states further that the Employer informed it that it sent a letter to the
Board stating that it had no objection to the change in certification.
The Petitioner and certified bargaining representative (Interna-
tional Chemical Workers Union, AFL) "on behalf of itself and its
constituent Local Union #579" filed a response to the notice to show
cause in which it stated that (1) "Local 579, International Chemical
Workers Union, AFL,1 was duly and properly certified as the collec-
tive-bargaining agent of the employees" of the Employer on July 2,
1954, and its certification is less than 6 months old; (2) the local has
not been dissolved by the parent International Union and maintains
its charter, its constitution and bylaws, and administers its collective-
bargaining relationship with the Employer and no valid disaffiliation
from the parent International Union exists; (3) a splinter group com-
posed of discharged organizers of the International is engaged in an
effort to disrupt collective-bargaining relationships and to organize
a rival union, and "trades upon the name of said International Union
and therefore misrepresents itself to the employees herein as well as
to the Board and the employer"; and (4) in another Board proceeding
(Liquid Carbonic Corporation, 6-RM-107, not reported in printed
volume of Board Decisions and Orders) evidence was admitted of an
injunctive order against the moving party prohibiting the unauthor-
ized use of its name, title, and designation.
It is clear from the foregoing that the allegations contained in the
moving party's motion constitute an attempt to raise a question con-
cerning representation. The moving party requests that we resolve
this alleged question concerning representation by amending the
certification. However, as the Board stated explicitly in Weather-
head Company of Antwerp, 106 NLRB 1266, "both the Act and the
Board's policy require that such matters be determined through a
petition and secret ballot of the employees concerned." In accordance
with established Board policy, we shall therefore deny this motion.'
[The Board denied the motion to amend the certification.]
1 The Board 's records show that the certification was issued to "International Chemical
Workers Union, AFL "
z Gull Oil Corporation, 109 NLRB 861 ; Wagner Electric Corpo; ation , 91 NLRB 220.
GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DIVISION, TONA-
WANDA FOUNDRY PLANT, TONAWANDA, NEW YORK and PATTERN
MAKERS LEAGUE OF NORTH AMERICA, BUFFALO, NEW YORK ASSOCIA-
TION, PETITIONER. Case No. 3-RC-1143. March 2,1955
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 Murray S. Freeman, hearing
111 NLRB No. 138.