Reliable Tool Co., Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1948

79 N.L.R.B. 1109 (N.L.R.B. 1948)

In the Matter of RELIABLE TOOL Co., INC., EMPLOYER and ANTHONY
PAPA, PETITIONER and INTERNATIONAL ASSOCIATION OF MACHINISTS,
DISTRICT No. 47, UNION
Case No. O-RD-44.Deeided September 29, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Relations Board. 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-man panel consisting of the undersigned Board
Members.*
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 asserts that the Union is no longer the bargaining
representative of the employees of the Employer as defined in Section
9 (a) of the Act.
3. The Union was designated as bargaining representative of the
employees- in the unit described below in a consent election held under
the supervision of the Regional Director for the Second Region on
February 24, 1947.1 The Employer stated at the hearing that it
presently refuses to recognize the Union. The latter made a motion
to dismiss the petition on the ground that it is not being currently
recognized by the Employer. The hearing officer reserved ruling on
the motion for the Board.'
Section 9 (c) (1) (A) (ii) of the Act empowers the Board to investi-
gate a petition for decertification of a "labor organization which has
been certified or is being currently recognized." Although the Em-
* Chairman Herzog and Members Houston and Reynolds.
i The designation of the Union resulted in the execution of a bargaining agreement
which has since expired.
79 N. L. R. B., No. 144.
1109
809095-49-vol. 79-71
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployer refuses to grant unqualified recognition to the Union, in view
of the fact that it has been designated as bargaining representative in
a consent election, which we consider equivalent for these purposes.
to having been certified,2 one of the alternative requisites prescribed
in the Section has been met.' Accordingly, we shall deny the Union's.
motion to dismiss the petition.
"
A:t-the hearing, the Union' declined to state whether or not it still
claims to represent the employees involved. When a labor organization
clearly disclaims any interest in the employees it had previously rep-
resented, no question concerning representation exists.4 However,,
we do not construe the Union's failure to state its position as such an
unequivocal waiver of interest in the unit herein involved.5 As the
Union has not made a present- disclaimer of interest, we find that a
question affecting commerce exists concerning, the representation of
employees of the Employer, within the meaning of Section 9 (c) (1),'
and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All employees of the Employer at its Irvington, New Jersey, plant,.
excluding office and clerical employees, watchmen, managers, foremen
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 Reliable Tool Co., Inc., Irving-
ton, New Jersey, an 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'
Second Region, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
among the employees in the unit found appropriate in paragraph num-
bered 4, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including
employees who did not work during said pay-roll period because they
2 See Matter of Joe Hearin, 68 N. L. R. B. 150; Matter of Lift Trucks, Inc., 75
'N L R B 998.
3 The present case is . distinguishable from Matter of Queen City Warehouses , Inc., 77
N L R. B. 268, relied upon by the Union, as neither of the requisites was present in the
Queen City case. ,
4 Matter of Federal, Shipbuilding and Drydock Co.,, 76 N. L. R, B. 413 ; Matter ' of Terry-
toons, Inc., 77 N.' L'Y R B -471.
" 6 See Matter of Standard Brands, Inc., 77 N. L. R. B. 992.
RELIABLE TOOL CO., INC.
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 reinstated prior to the date of the election, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented, for
purposes of collective bargaining, by International Association of
Machinists, District No. 47.