Standard Brass Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 12, 1952

101 N.L.R.B. 1032 (N.L.R.B. 1952)

1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
STANDARD BRASS MANUFACTURING COMPANY and INTERNATIONAL
MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL
No. 162, AFL, PETITIONER. Case No. 17-RC-1439. December 12,
1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William M. Guerin, hearing
officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons :
The Employer contends that its current contract with Standard
Foundry Workers Union of Kansas City, an independent union herein
called the Independent, constitutes a bar to this proceeding. The
contract urged as a bar was entered into on July 1, 1951, and was to be
effective until July 1, 1953. On June 1, 1952, the contract was
amended in certain respects and its term extended to June 1, 1954.
The prematurely extended contract would ordinarily constitute a bar
loan election during its original term.' However, the Petitioner con-
tends that the contracting union is defunct and therefore incapable of
administering the contract.
The record shows 2 that, pursuant to a notice posted on the plant
bulletin board by the president of the Independent, a meeting of the
Independent was held for the purpose of deciding whether the mem-
bers desired to disaffiliate from the Independent and to affiliate with
the Petitioner. At this meeting which was held September 15, 1952,
17 or 18 members were present and they unanimously voted to disaf-
filiate from the Independent and to affiliate with the Petitioner.
Since then the Independent has held no meetings. Membership dues
P Republic Steel Corporation , 84 NLRB 483.
A The facts concerning the defection in the Independent are based on the uncontroverted
testimony of Webster Burton . vice president of the Independent and Charles Garnett who
testified without contradication that he became president of the Independent following
the resignation of former President Thomas Blake . The extension agreement of June 1,
1952 , was signed on behalf of the Independent by Garnett as its president.
101 NLRB No. 169.
B. F. GOODRICH CHEMICAL COMPANY 1033
which were due on the first of each month were not collected for the
month of October. Both Burton and Garnett testified without con-
tradiction that the Independent is no longer a functioning organiza-
tion and that there is no existing segment of the Independent capable
of administering the current contract. Moreover, although the Inde-
pendent was served with notice of the hearing, it did not attempt to
intervene herein nor did it appear at the hearing. Its compliance
with Section 9 (f), (g), and (h) lapsed on June 30, 1951, and has not
since been renewed.
Upon the basis of the foregoing findings of fact, plus the fact that
the Petitioner submitted a 100 percent showing of interest among the
employees on the Employer's payroll of October 8, 1952, in the unit
hereafter found appropriate, we conclude and find that the Independ-
ent is no longer a functioning labor organization capable of adminis-
tering its contract with the Employer. Accordingly, we find that
the existing contract does not bar a representation election at this
time .8
4. Pursuant to an agreement between the parties we find that all
production and maintenance employees at the Employer's Kansas
City, Missouri, plant, excluding office clerical employees, professional
employees, guards, and supervisory employees as defined in the Act,
constitute a unit appropriate for the purpose of collective bargaining
within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
Al Ordill Foundry .E Mfg. Co., 98 NLRB 412 . On October 29, 1952, 21 days after the
hearing a document entitled motion to dismiss petition and signed by a number of in-
dividuals purporting to be members of the Independent was filed with the Board. The
name Thomas Blake appears thereon as president. As found above Blake resigned as
president of the Independent sometime before the execution of the June 1, 1952 , extension
agreement . The document also contains the names of Charles Garnett and Webster
Burton. This unaworn untimely filed statement has little if any probative value as evi-
dence and in any event is insufficient to overcome the sworn testimony in the record upon
which our finding of defunctness is based . It is not entitled to consideration on the merits
as a motion to dismiss the petition as it was not filed by a party to the proceeding.
Moreover , we find that the interests of the employees will best be served by the direction
of an election.
B. F. GOODRICH CHEMICAL COMPANY, A DIVISION OF THE B . F. GOOD-
RICH COMPANY and LODGE 681, DISTRICT 27, INTERNATIONAL Asso-
CIATION OF MACHINISTS , AFL, PETITIONER and UNITED RUBBER,
CORK, LINOLEUM & PLASTIC WORKERS OF AMERICA, CIO , PETITIONER.
Cases Nos . 9-RC-1720 and 9-RC-1731. December 12, 195
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before William G.
101 NLRB No. 167.