The American Pulley Co.

National Labor Relations Board - Board Decisions

Apr 11, 1950

89 N.L.R.B. 304 (N.L.R.B. 1950)

In the Matter of THE AMERIOAN PULLEY COMPANY, EMPLOYER and
INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORK-
ERS, LOCAL 165, CIO, PETITIONER
Case No. 4-RC-620.Decided April 11, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Harold Kowal,
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
Houston 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 em-
ployees of the Employer.
3. United Electrical, Radio,an&Machirie Workers of America, Ma-
chine Tool and Die' Local 155, herein called .UE 155, contends that a
current contract. constitutes a, bar to . a. present determination of
representatives. . .
The Employer has dealt with UE 1551 as the collective bargaining
representative -of certain of its employees sihce 1943. The current
contract was originally executed by the Employer and UE 155 on July
28, 1948, and provided for automatic renewal for annual periods there-
after in the absence of a least 60 days' written notice to terminate.
This contract was modified and extended on June 10, 1949, and is due
to expire on June 30,1950.
' UE 155 is an amalgamated local embracing within its organization the employees of
approximately 60 plants or shops engaged in the machine tool and die industry in the
Philadelphia area. These shop groups, including the Employer's, are organized pursuant
to the bylaws of UE 155 and have regular periodic meetings, elect shop officers and com-
mittees, and function with a measure of autonomy within the framework of the constitution
of the amalgamated local.
89 NLRB No. 37.
304
THE ' AMERICAN PULLEY COMPANY 3054
On November 2, 1949, the UE was expelled from the CIO, and on
the same day the CIO issued a charter to the International Union of
Electrical, Radio and Machine Workers, CIO, herein called the IUE.
On November 10, 1949, at a special meeting, the Employer's UE
members, acting as a shop in UE 155, voted by a margin of 102-to 3,
to disaffiliate from the UE and to affiliate with the IUE.2 There-
after, the shop chairman, as representative for the Employer's shop,
together -with representatives from shop groups of 6 other employers.
under contract with UE 155, met with representatives of the IUE for
the purpose of organizing Local 165, IUE. The IUE thereafter issued
a charter to the Petitioner, and at a general membership meeting held
on December 13, 1949, the Petitioner adopted a constitution and elected.
temporary officers.3
On December 19, 1949, the Petitioner requested the Employer for
recognition as the bargaining representative of its employees under
the current contract, and to withhold the payment of dues checked off
under the contract. Both UE 155 and the Petitioner have since held
periodic meetings; and each claims -the right to represent employees.
under the current contract. The Employer, uncertain as to which
union represents its employees, refuses to recognize the Petitioner in
the absence of a Board certification, and is withholding the payment
of dues checked off in accordance with the contract until it is legally
determined to whom these funds are to be paid.
We find that the contract is not a bar to this proceeding and 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
4. In accordance with an agreement of the parties, we find that the
following employees of the Employer at its Philadelphia, Pennsyl-
vania, plant, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act: s
2 The evidence discloses that the meeting was called by an officer of UE 155 at the request
of the shop chairman of the Employer ' s plant. The meeting was attended by approxi
niately 105 members and 3 or 4 representatives of UE 155. After some discussion con-
cerning the CIO's expulsion of the UE , the shop chairman indicated his intention to intro-
duce CIO guest speakers . At this point the representative of UE 155 requested that the
meeting be adjourned and, after the request was granted , left the meeting with other repre-
sentatives of UE 155 . The meeting was thereupon immediately called back to order by
the shop chairman and after several CIO representatives had spoken to the group , the reso-
lution to disaffiliate with the UE and to affiliate with another CIO union was adopted.
8 As of the date of this meeting, the Petitioner had an approximate membership of 800
representing approximately 6 shops ; with 2 exceptions the shops , including the Employer's,
continued their shop chairman and shop committees unchanged.
4 Boston Machine Works Company, 89 NLRB 59 ; Pratt & Letchworth Co., Inc., 89
NLRB 124.
5 The unit description appears as requested by the parties at the hearing and is the same
unit description which has been used by the contracting parties since 1943.
.306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All hourly and piece-rate workers in the. factory, factory office, and
-drawing room, excluding watchmen, guards, foremen, assistant fore-
men, supervisors, executive employees and their assistants, and all
,other employees doing work of a managerial nature, such as time-
study men, expediter, and those engaged in production control and
production planning and.similar functions.
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 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 aiid'have not been rehired or reinstated
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
United Electrical, Radio and Machine Workers of America, Machine
Tool and Die, Local 155; or by International Union of Electrical,
Radio and Machine Workers, Local 165, CIO ; or by neither s
6 Any participant in the election herein directed may, upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.