Radix Wire Co.

National Labor Relations Board - Board Decisions

Sep 23, 1949

86 N.L.R.B. 105 (N.L.R.B. 1949)

In the Matter Of RADIX WIRE COMPANY, EMPLOYER and JASPER Rocco,
PETITIONER and LOCAL 142, UNITED GAS, COKE AND CHEMICAL
WORKERS OF AMERICA, CIO, UNION
Case No. 8-RD-,22.Decided September 23,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before Philip Fusco, 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 [Chairman Herzog and Members
Houston and Gray].
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 Petitioner, representing employees of the Employer, asserts
that the Union is no longer the representative of the Employer's em-
ployees as defined in Section 9 (a) of the Act.
The Union is a labor organization recognized by the Employer as
the exclusive bargaining representative for the employees designated
in the petition.,
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) ofothe Act.2
4. We find, as agreed by the parties, that all production and mainte-
nance employees at .the Employer's Cleveland, Ohio, wire manufac-
turing plant, excluding master mechanics, professional and clerical
employees, guards, and all supervisors as defined in the Act, consti-
i The parties agree, and we find, that the contract between the Employer and the Union
is not a bar to this proceeding.
2 For reasons stated in earlier decisions in decertification cases, we find no materiality
in the Union 's contention that the Petitioner is "fronting " for and acting on behalf of a
non-complying union. Matter of Ellis -Klatscher and Co., 79 N . L. R. B. 183; Matter of
7Vhitin Machine Works, 76 N. L. R. B. 998.
86 N. L. R. B., No. 22.
105
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tute a unit appropriate for purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Radix Wire Company, a sepa-
rate election by secret ballot shall be conducted as early as possible,
but not later than 30 days from the date of this Direction, under the
direction and supervision of the Regional Director for the Eighth
Region, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
voting group described in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll 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 bar-
gaining, by Local 142, United Gas, Coke and Chemical Workers of
America, CIO.