Tech-Masters Products Co.

National Labor Relations Board - Board Decisions

May 18, 1951

94 N.L.R.B. 718 (N.L.R.B. 1951)

718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and desired a new one, one of the members moved that they withdraw
from Local 530. The chairman refused to entertain the motion.
Nevertheless, following extended argument, employees present spon-
taneously voted to withdraw from the local and walked out of the
meeting. We do not believe that this evidence of dissatisfaction with
the fruits of the Intervenor's collective bargaining efforts warrants
a finding that the Union has ceased to function as a labor organization
in the Employer's plant.
Accordingly, as the current contract between the Employer and
the Intervenor will not expire until April 3, 1952, we find that it is a
bar to a present determination of representatives, and we will there-
fore dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and hereby is,
dismissed.
Louis A. LAZOFF, D/B/A TECH-MASTERS PRODUCTS COMPANY and
UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA,
PETITIONER . Case No. 2-RC-3407 . May 18, 1951
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 I. L. Broadwin, hearing offi-
cer. 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 [Members Houston, 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
Act.
2. The labor organizations involved claim to represent certain em-
ployees 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.
4. The parties agree, and we find, that the following employees con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act:
1Local 70, Industrial Production & Novelty Workers Union , IJWU, AFL, was permitted
to intervene at the hearing.
94 NLRB No. 110.
BROPHY ENGRAVING COMPANY 719r,
All production and maintenance employees at the Employer's New
York City plant , excluding office and clerical employees , technical and
professional employees , and supervisors as defined in the Act.
5. On February 26, 1951, Local 430 of the Petitioner made a demand
for recognition and the Petitioner simultaneously filed the instant
petition . On February 28, 1951, the. Intervenor requested recognition..
The Employer asserts that he has declined to recognize either union
because of these conflicting claims. On March 21, 1951, 16 employees
struck without explanation , and most, if not all , of them were replaced
during the strike, which appears to have ended April 9, 1951. The
Petitioner contends that the strike was caused by the Employer's al-
leged unfair labor practice in refusing to recognize the Petitioner,.
and that the strikers are therefore entitled to reinstatement and should
be deemed eligible to vote in the election herein directed . However, as
no charges have been filed, or complaint issued, alleging that the
strikers were unfair labor practice strikers , we are required to find
that they are economic strikers, and that to the extent that they have
been permanently replaced, they are ineligible to vote.' As the extent
to which the strikers have been permanently replaced was not fully
litigated at the hearing , we permit the strikers as well as their replace-
ments to vote, subject to the challenge.'
[Text of Direction of Election omitted from publication in this
volume. ]
2 Times Square Stores Corporation , 79 NLRB 361.
3 The Pipe Machinery Company, 76 NLRB 247.
BROPHY ENGRAVING COMPANY and DETROIT PHOTO-ENGRAVERS' UNION
No. 12, INTERNATIONAL PHOTO-ENGRAVERS ' UNION OF NORTH AMER-
ICA, A. F. L. Case No. 7-CA-259. May ,21, 1951
Decision and Order
On November 28, 1950, Trial Examiner John H. Eadie issued his
Intermediate Report in this case, finding that the Respondent had
engaged and was engaging in certain unfair labor practices and
recommending that it cease and desist therefrom and take certain
affirmative action, as set forth in the copy of the Intermediate Report
attached hereto. He also found that the Respondent had not engaged
in certain other unfair labor practices , and recommended that the
complaint with respect thereto be dismissed . Thereafter , the Re-
spondent , the General Counsel , and the charging Union filed excep-
tions to the Intermediate Report and the Respondent filed a brief in
support of its exceptions.
94 NLRB No. 104.