Samuel Bonat & Bro. Inc.

National Labor Relations Board - Board Decisions

Mar 8, 1949

81 N.L.R.B. 1249 (N.L.R.B. 1949)

In the Matter of SAMUEL BONAT & BRO. INC.11 BONAT & BONAT, INC.,
EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT & AGRICULTURAL IMPLEMENT WORKERS or AMERICA, UAW-
CIO, REGION 9-A, PETITIONER
Case No. 2-RC-775.Decided March 8,194.9
DECISION
AND
DIRECTION OF ELECTION
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 2
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. Samuel Bonat & Bro. Inc., and Bonat & Bonat, Inc., herein called
the Employer, are affiliated New York corporations maintaining a
principal office and place of business in New York City. The Em-
ployer is engaged in the manufacture of beauty shop equipment and
supplies. During the fiscal year ending December 31, 1947, it pur-
1 The name of the Employer appears as amended at the hearing.
' At the hearing the Petitioner objected to the intervention of Local 475, United Elec-
trical, Radio & Machine Workers of America, CIO, hereinafter called the Intervenor.
The hearing officer's ruling permitting such intervention is hereby affirmed. The Inter-
venor's current contractual interest entitled it to full intervention in spite of its non-
compliance with Section 9 (f), (g), and (h) of the Act. Matter of New Indiana Chair
Company, Inc., 80 N. L. R. B. 1686, and cases cited therein. We shall nevertheless
not accord the Intervenor a place on the ballot in the election hereinafter directed because
it is still not in compliance with the filing requirements of the Act.
The Intervenor moved to dismiss the petition on the grounds : (1) that the Employer
is not engaged in commerce within the meaning of the Act ; (2) that the National Labor
Relations Act as amended is unconstitutional ; (3) that the Intervenor's current contract
is a bar to this proceeding; and (4) that the Petitioner, if certified, does not intend to
act as the bargaining representative of the employees involved in this proceeding, but
will set up a new bargaining agency for these employees. For reasons hereinafter stated,
the motion is denied.
.Chairman Herzog and Members Reynolds and Gray.
81 N. L. R. B., No. 196.
1249
1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chased raw materials consisting of chemicals, steel, aluminum, wire,
electrical parts, and other articles, valued at about $279,000 of which
approximately 60 percent was received from points outside the State
of New York. During the same period, the Employer manufactured
and sold permanent waving machines, dryers, steamers, pads, lotions,
and other items, valued at about $1,250,000, of which approximately
75 percent was shipped to points outside the State.
We find, contrary to the contention of the Intervenor," that the
Employer is engaged in commerce within the meaning of the Act.
2. The Petitioner and the Intervenor are labor organizations claim-
ing to represent employees of the Employer.
3. The question concerning representation :
The Intervenor contends that its contract with the Employer bars
the present proceeding. As the record discloses that this contract
expired by its terms on February 1, 1949, we find that it does not bar
a present determination of representatives.
The Intervenor also contends that the Petitioner will not, in fact,
serve as representative of the employees involved in this proceeding,
but that it intends, after its certification, to set up a local which will
bargain for such employees. In the absence, however, of any indica-
tion that the Petitioner will not adequately represent the employees,
and where no question of compliance with Section 9 (f ), (g) , and (h) is
involved, the fact that there is no local union petitioning for certifica-
tion is no ground for dismissing the petition 4
The Intervenor also contends that the National Labor Relations
Act, as amended, is unconstitutional. The Board has held that as al t
administrative agency created by Congress it cannot question the con-
stitutionality of the Act which created it and that it will leave such
questions to the courts for determination. Unless and until the court 3
have determined otherwise, the Board will assume that the Act is
constitutional."
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 purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's plant
in New York City, excluding clerical and professional employees,
3 The Employer does not contest the assertion of jurisdiction.
4 Matter of Alabama Break & Tile Company, Inc., 80 N. L. R. B. 1365; Matter of
Lane-Wells Co., 79 N. L. R. B. 252.
3 Matter of Mergenthaler Linotype Company, 80 N. L. R. B. 132 ; Matter of Nattional
Maritime Union of America, CIO, 78 N. L. R. B. 791; Matter of Rite-Form Corset Company,
75 N. L. R. B. 174.
SAMUEL BONAT & BRO. INC. 1251
watchmen, guards, 'executives, foremen, assistant foremen, and all
other supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, 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 sub-
ject 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 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 bargaining,
by International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, UAW-CIO, Region 9-A.
829595-50-vol. 81-80