Standard Nut and Bolt Co.

National Labor Relations Board - Board Decisions

Dec 1, 1950

92 N.L.R.B. 412 (N.L.R.B. 1950)

,In the Matter of STANDARD NUT AND BOLT COMPANY, EMPLOYER and
UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER
Case No.1-RC-1732.-Decided December 1, 1950
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 Robert E. Green,
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-member
panel [Chairman Herzog and Members Reynolds and Murdock].
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 organizations involved claim to represent certain em-
ployees of the Employer.
3. The question concerning.representation :
The United Electrical, Radio and Machine `Yorkers of America, and
its Local 236, herein jointly called the Intervenors, have been the con-
tractual representative of the Employer's Cumberland, Rhode Island,
plant, production and maintenance employees. since 1945. The auto-
matic renewal of the 1-year collective bargaining agreement, dated
August 11, 1949, was forestalled on June 10, 1950, by the Intervenors'
notice of a desire to modify the agreement. ' Negotiations pursuant to
this notice continued until August 9, 1950, when an oral. agreement
was reached. This agreement was ratified by the Intervenors'. mem-
bership on August 10, 1950, and the formal contract was executed on
August 11, 1950.
The Petitioner's request, dated August 9, 1950, for recognition as
bargaining representative of the Employer's employees, was received
by the Employer on August 10, 1950. Having received no reply the
Petitioner directed a second request to the Employer- on August 16,
1950. On Friday, August 18, 1950, the petition herein together with
a covering letter and material for an administrative determination
92 NLRB No. 77.
412
STANDARD, NUT AND BOLT COMPANY 413
of a showing of interest, was mailed to the Board's Regional Office.
The petition, letter, and enclosures were received in the Board's Re-
gional Office in the first mail on Monday, August 21, 1950, and bear
the time receipt stamp of 9 a. in.
The Employer and the Intervenors contend that since more than
10 calendar days elapsed between the Petitioner's request for recog-
nition and the filing of the petition, under the General Electric X-ray
doctrine' the contract executed on August 11, 1950, is a bar to this
proceeding.
As indicated in the decision issued in the Indiana Desk case,2 relied
upon by the Petitioner herein, the Board, in computing the filing time
established by the General Electric X-Ray doctrine, is guided by
Section 203.86 of the National Labor Relations Board Rules and Reg-
ulations-Series 5, as amended.3 In the instant case the last day for
filing the petition herein fell on Sunday, August 20, 1950, a day on
which the Board offices were officially closed. Thus, the petition re-
ceived in the Board's Regional Office on Monday, August 21, 1950, was
timely filed,4 and the contract executed on August 11, 1950, does not
bar this proceeding.
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. All production and maintenance employees at the Employer's
Cumberland, Rhode Island, plant, including utility men, leadmen, and
heat treating employees, but excluding factory clerks, timekeepers,
' General Electric X-Ray Corp ., 67 NLRB 997.
s Indiana Desk Company , Inc., 82 NLRB 103.
8 Section 203.86 provides :
In computing any period of time prescribed or allowed by these rules , the day of the
act, event , or default after which the designated period of time begins to run, is not
to be included . The last day of the period so computed is to be included , unless it is
a Sunday or a legal holiday , in which event, the period runs until the end of the next
day, which is neither a Sunday nor a legal holiday . When the period of time pro-
scribed or allowed is less than 7 days , intermediate Sundays and holidays shall be
excluded in the computation . For the purpose of this section a Saturday on which
the Board 's offices are not open for business shall be considered as a holiday, but a
half holiday shall be considered as other days and not as a holiday . . . . ( emphasis
supplied).
This determination is not inconsistent with the decisions in Standard Oil Company of
Ohio, 69 NLRB 388; Kirby Lumber Corporation , 71 NLRB 688 ; and Carter Carburetor
Corporation , 80 NLRB 253 , relied upon by the Employer . Those decisions involved the
inclusion of intermediate or intervening Saturdays , Sundays, and legal holidays, com-
puting the 10-day General Electric X-Ray period , and are consistent with the rule set
forth in footnote 3, supra. We find no merit in the Employer 's contention that the de-
cision in the Indiana Desk Company, Inc . case, supra, was based on an exception to the
X-Ray doctrine because of "extenuating" circumstances . That decision clearly states "we
find for reasons stated below that the petition was timely filed, within the meaning and
intent of the General Electric X -Ray doctrine."
414 DECISIONS' OF NATIONAL LABOR - RELATIONS BOARD
guards, watchmen, office employees, professional employees, foremen,
and executives and all supervision within the meaning- of, the act,5
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
5 This unit is identical to that covered by the Intervenor's contract.