Standard-Thomson Corp.

National Labor Relations Board - Board Decisions

Mar 17, 1950

88 N.L.R.B. 1229 (N.L.R.B. 1950)

In the Matter of STANDARD-TIIOMSON CORPORATION,' EMPLOYER and
INTERNATIONAL UNION OF ELECTRICAL, RADIO SL' MACHINE WORKERS,
LOCAL 768, C. I. 0., PETITIONER
Case No. 9-RC-x'02.Decided March 17, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Alan A.
Bruckner, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel .[Chairman Herzog and Members
Reynolds and Styles].
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 labor organizations involved claim to represent certain
employees of the Employer.
3. The question concerning representation:
United Electrical, Radio &- Machine Workers of America, Amalga-
mated Local 768, herein called the Intervenor, contends that its con-
tract with the Employer, dated April 15, 1948, covering the employees
here involved, was automatically renewed for a further term of 18
months on October 15, 1949, and therefore constitutes a bar to a
present determination of representatives. The Petitioner and the
Employer contend that the contract was terminated by timely notice
before the automatic renewal date and by the subsequent negotiations
between the contracting parties, resulting in a new, but unexecuted,
agreement.
By its terms the contract was to remain in force for 18 months, from
April 15, 1948, to October 15, 1949, and thereafter for similar periods
unless notice of termination in writing by registered letter was given
by either party at least 60 days before the expiration of any 18-month
1 Tho Employer's name appears as amended at the hearing.
88 NLRB No. 222.
1229
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
period. The contract also provided that the agreement could be
reopened upon 60-day notice for the purpose of negotiating adjust-
ments in the wage structure.
On or about August 12, 1949, the contracting union advised the
Employer by registered letter of its desire "to modify our existing col-
lective bargaining agreement." Pursuant to the letter, the contract
parties held a series of negotiation meetings during which numerous
changes and modifications of the contract were proposed. Sometime
between October 25 and 30,.1949, the parties agreed to the terms and
conditions of a new contract, which has not been executed. The Peti-
tioner filed the instant petition on December 12, 1949.
We find no merit in the Intervenor's contract bar contention. We
are satisfied that the August 12, 1949, letter constituted a notice to
terminate the contract in accordance with its renewal terms, and not
merely a proposal to adjust wages. It is significant that the letter
gives the 60-day notice by registered mail required in the renewal
clause, whereas no written notice is required in the wage adjustment
clause. Moreover, the negotiations between the Employer and the
contracting union were not limited to wage adjustments, but covered
many other provisions of the contract. Finally, the record shows that
the parties considered the original contract as expiring on October 15,
1949. Under these circumstances, and upon the entire record, we
construe the letter of August 12, 1949, as intended to prevent automatic
renewal of the 1948 agreement. Accordingly, we find that the contract
is not a bar to a present determination of representatives.2
We find that a question affecting commerce exists concerning the
representation of certain employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act."
4. The appropriate unit:
In accordance with the stipulation of the parties, we find that the
following employees of the Employer constitute a. unit appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
All production and maintenance employees at the Employer's Plants
2 and 2-A, in Dayton, Ohio, including group leaders, but excluding
foremen, assistant foremen, time-study men, timekeepers, engineering
employees, office and clerical workers, and all guards, professional
employees, and supervisors as defined in the Act.
21nternational Harvester Company, Industrial Power Engineering Department Proving
Grounds, 88 NLRB 627 ; Container Corporation of America, 83 NLRB 424.
3 The Intervenor also moved to dismiss the petition on the ground that one of the ques-
tions set forth in the petition was, allegedly , inaccurately answered , For reasons stated
in our Decision in Advance Pattern Company, 80 NLRB 29, the motion is denied.
STANDARD-THOMSON CORPORATION 1231
5. The determination of representatives :
The Intervenor requested that in the event the Board ordered an
election the Petitioner not be permitted to use the designation "Local
768" on the ballot. For the reasons set forth in General Motors Cor-
poration, Frigidaire Division,4 where similar objections to the use of a
numerical designation were considered, we hereby deny the Inter-
venor's request.
DIRECTION OF ELECTION 5
As part of the investigation to ascertain representatives for the pur-
poses 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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll 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
they desire to be represented, for purposes of collective bargaining, by
International Union of Electrical, Radio & Machine Workers, Local
768, C. I. 0., or by United Electrical, Radio & Machine Workers of
America, Amalgamated Local 768, or by neither.
4 88 NLRB 450.
5 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.