Riggs Optical Co.

National Labor Relations Board - Board Decisions

Apr 22, 1948

77 N.L.R.B. 265 (N.L.R.B. 1948)

In the Matter Of RIGGS OPTICAL COMPANY , CONSOLIDATED , EMPLOYER
and RICHARD F. DAUM, PETITIONER and UNITED OFFICE AND PRO-
FESSIONAL WORKERS OF AMERICA, LOCAL 23, C. I. 0., FORMERLY
]KNOWN AS LOCAL 14, C. I . 0., UNION
In the Matter Of RIGGS OPTICAL COMPANY, CONSOLIDATED , EMPLOYER
and RICHARD F . DAIIM , PETITIONER and UNITED OFFICE AND PRO-
FESSIONAL WORKERS OF AMERICA, LOCAL 23 , C . I. 0., FORMERLY
KNOWN As LOCAL 14 , C. I. 0., UNION
Cases Nos. 30-RD-1 and 30-RD-d, respectively .Decided
April 22, 1948
Pershing , Bosworth , Dick c6 Dawson , by Mr . Michael Reidy, of
Denver, Colo ., for the Employer.
Silverstein & Silverstein , by Mr. Harry S. Silverstein , Jr., of Den-
ver, Colo., for the Petitioner.
DECISION
AND
ORDER
Upon separate petitions for decertification duly filed, a consolidated
hearing was held in this case at Denver, Colorado, on December 3,
1947, before William J. Scott, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Riggs Optical Company, Consolidated, a Delaware corporation with
its principal place of business in Chicago, Illinois, is engaged in the
wholesale optical business and in the manufacture of optical products
at its Denver, Colorado, branch which is the only plant of the Em-
ployer involved. During the years 1945 and 1946 the Employer, at
its Denver- branch, purchased materials worth more than $100,000, of
77 N. L. R. B.. No. 34.
265
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which more than 75 percent was received from points outside the
State. During the same period sales at the Denver branch exceeded
$200,000 in value, of which approximately 15 percent was shipped to
points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE PARTIES INVOLVED
The Petitioner, an employee of the Employer, asserts that the Union
is no longer the representative of the Employer's employees, as defined
in Section 9 (a) of the amended Act.
The Union, a labor organization affiliated with the Congress of
Industrial Organizations, was certified by the Board on May 31, 1946,1
as the bargaining representative of employees of the Employer in two
separate units.'
111. THE ALLEGED QUESTIONS CONCERNING REPRESENTATION
As already stated, on May 31, 1946, the Union was certified as repre-
sentative of employees of the Employer in two separate units. On
July 10, 1946, the Union and Employer entered into a separate contract
for each unit, which contracts expired on July 1, 1947. Negotiations
between the Union and Employer for new contracts continued until
August 20, 1947. On that date, no agreement having been reached,
the Union called a strike. The strike continued to September 18, 1947,
when, at a meeting of 10 out of the 12 employee members of the Union
in both units, it was unanimously voted to "disband" the "Riggs units"
of the Union. On September 22, 1947, the Petitioners filed the instant
petitions.
It appears from the record that the Union is no longer actively
representing, or seeking to represent, the employees in either unit.
Although served with Notice of Hearing in the instant cases, the Union
failed to appear. The Petitioner stated at the hearing that, in view of
the inactivity of the Union with respect to the Employer's employees,
he believed that there was no present need for decertification elections.
We find that whatever vitality the Union's certificate might otherwise
have at this time as recognizing or formalizing the Union's represen-
tative status, has been canceled by the Union's conduct.
Under these circumstances, we find that no questions affecting com-
merce exist concerning the representation of employees of the Em-
Case No 17-R-1284 The Decision and Direction of Election in that case is reported
at 67 N L . R. B. 565.
2 The Union is not in compliance with Section 9 (f) and ( h) of the Act.
RIGGS OPTICAL COMPANY, CONSOLIDATED 267
ployer, within the meaning of Section 9 (c) (1) and Section 2 (6)
and (7) of the Act, and we shall dismiss the petitions.
ORDER
IT Is HEREBY ORDERED that the petitions filed by Richard F. Daum
for decertification of United Office and Professional Workers of
America, Local 23, C. I. 0., as bargaining representative of employees
of Riggs Optical Company, Consolidated, Denver, Colorado, be, and
they hereby are, dismissed.
CHAIRMAN HERZOG and MEMBER REYNOLDS took no part in the con-
sideration of the above Decision and Order.