Rub-R Engraving Co.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 332 (N.L.R.B. 1948)

In the Matter of RnB-R ENGRA-V'ING 'COMPANY, EMPLOYER and AMERI-
CAN FEDERATION OF LABOR , PETITIONER
Case No. 141-RC-132.-Decided August 31, 19418
DECISION
AND
ORDER
Upon a petition 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.
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 alleged question concerning representation :
At the hearing, the Petitioner, the American Federation of Labor,
-moved to amend the petition by substituting "Federal Labor Union
No. 24351, affiliated with the American Federation of Labor," as the
Petitioner. The Employer objected to this motion on the ground
that there was no showing that Federal Labor Union No. 24351 had
complied with Section 9 (f), (g), and (h) of the Act. The Peti-
tioner then withdrew its motion and moved, in its stead, that the peti-
tion be amended by designating the Petitioner as "American Federa-
tion of Labor for Federal Labor Union No. 24351." The Employer
objected, and the hearing officer denied the motion. The Employer
then moved to dismiss the petition on the ground that the American
Federation of Labor is not, and that the Union is, the proper party
in interest.' The hearing officer referred this motion to the Board.
The record shows that an application to charter the Federal Union
at the plant of the Employer was granted on January 14, 1948, and
' The Employer also urged as a ground for dismissal that pending charges of unfair
labor practices filed against the Employer by the Petitioner should be disposed of poor to
the holding of an election we find no merit in this contention of the Employer as the
Petitioner has, in conformity with established Board practice , filed a waiver of any right to
object to an election held in this case on the basis of any acts alleged as unfair labor
practices in Case No . 14-CA-41. Matter of New England Retrnning Inc., 74 N. L. R. B. 938.
79 N. L. R. B., No. 40.
332
RUB-R ENGRAVING COMPANY 333
that it was actually chartered on January 29,1948. The petition here-
in was filed on January 22, 1948. The Federal Union is a direct
affiliate of the Petitioner.
The Petitioner stated at the hearing that it reserves the right to
bargain directly for the Federal Union or in connection with it. All
contracts are subject to the examination and approval of the Peti-
titioner. The Petitioner stated that, if certified as the representative
of the employees of the Employer, it would undertake to negotiate
with the Employer as such representative.
We conclude, in view of the foregoing, that the Petitioner is at-
tempting to secure a Board certification for the benefit of its non-
complying affiliate. We hold that the Federal Union is itself a party
in interest to this proceeding and must therefore be in compliance
with Section 9 (f), (g), and (h) of the Act 2 We shall accordingly
grant the Employer's motion to dismiss.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that^,the petition of the American Fed-
eration of Labor herein be, and it hereby is, dismissed.
1 Matter of Lane-Wells Company, 77 N. L. R. B 1051