Robert Gair Co., Inc.

National Labor Relations Board - Board Decisions

Apr 5, 1944

55 N.L.R.B. 1024 (N.L.R.B. 1944)

In the Matter of ROBERT GAIR Co., INC. (TONAWANDA I3oxnoARDs
DIVISION ) and UNITED PAPER NOVELTY AND Toy WORKERS INTER-
NATIONAL UNION, C. I. O.
Case No. R-46,01 (3-R-4.92)
SUPPLEMENTAL DECISION
AND
AMENDED CERTIFICATION OF REPRESENTATIVES
April 5, 19/.4
On March 13,1944, Paper Workers Organizing Committee, affiliated
with the C. I. 0., herein called the Committee, filed with the National
Labor Relations Board, herein called the Board, a motion to amend the
certification in the above-entitled proceeding by substituting the name
"Paper Workers Organizing Committee, affiliated with the C. I. 0."
for the name "United Paper, Novelty and Toy Workers International
Union, Local 137, affiliated with the Congress of Industrial Organiza-
tions," herein called Local 137, as the certified collective bargaining
representative of certain employees of the Robert Gair Co., Inc., Tona-
wanda, New York, herein called the Company.'
On March 16, 1944, the Board issued and duly served upon the
Committee, the Company, and International Brotherhood of Paper
Makers, A. F. L., a Notice to Show Cause why the motion of the
Committee should not be granted.
On March 25, 1944, the Company filed with the Board an answer to
the Notice to Show Cause, stating in effect, that, having no knowledge
of the facts, it takes no position with regard to the "propriety of certi-
fying the [Committee]" upon the basis of the facts set forth in the
Committee's motion. None of the other parties served with the Notice
to Show Cause filed objections to the Committee's motion within the
time allowed in said Notice.
' On Eebruaiy 2-1,1942, Local 137 was certified by the Board as the collective bargaining
jepreseutative of all production and m ainteliance emplovees of the Company, including
eneineers, firemen, truck drivers, carpenters, pai tei s, blacksmiths, and pipefitters, but
excluding superintendents, foremen, the working foienian (Charles Edin), and employees
en,aged in admuustiativc, sales, research, accounting, clerical, stenographic, or other office
woil: The motion of the Committee iecited that the Inteinational to which Local 137 was
affiliated took appioluiate action under its constitution, and subdivided its organizational
jurisdiction between the Committee and Playthings Jewelry and Novelty woikems Inter-
national Union, C. I 0 , that Local 137 duly voted approval of its "assignment" to the
Committee
55N L R.B,No 190.
1024
ROBERT GAIR CO., INC. 1025
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that Local 137 has duly changed its name to that of the
Committee. Inasmuch as the Committee seeks to amend the certifi-
cation issued in the above-entitled proceeding to reflect the change
of the name, we hereby direct that the said certification be amended
by striking therefrom wherever it appears, the name "United Paper,,
Novelty, and Toy Workers International Union, Local 137, affiliated
with the Congress of Industrial Organizations" and substituting
therefor the name "Paper Workers Organizing Committee, affiliated
with the C. I. 0."
AMENDED CERTIFICATION OF REPRESENTATIVES 2
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS IIERLny CERTIFIED that Paper Workers Organizing Committee,
affiliated with the C. I. 0., has been design,"Lted and selected by a ma-
jority of all production and maintenance employees of Robert Gair
Co., Inc., Tonawanda, New York, including engineers, firemen, truck
drivers, carpenters, painters, blacksmiths, and pipefitters, but exclud-
ing superintendents, foremen, the working foreman (Charles Edin),
and employees engaged in administrative, sales, research, accounting,
clef ical, stenographic, or other office work, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, the aforesaid organization is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Amended Certification of Representa-
tives.
2 The purpose of this amendment is solely to change the name of the ceitifled bargaining
representative ; it is not to be construed as a present certification of the Committee
578129-44-vol. 55-66