The Bassick Co.

National Labor Relations Board - Board Decisions

May 4, 1950

89 N.L.R.B. 1143 (N.L.R.B. 1950)

In the Matter of TaE BASSICK COMPANY, EMPLOYER AND PETITIONER,
and LocAL 229, INTERNATIONAL UNION OF ELECTRICAL, RADIO, AND
MACHINE WORKERS, CIO AND LOCAL 229, UNITED ELECTRICAL, RADIO
AND MACHINE WORKERS OF AMERICA, INTERVENORS
Case No. 2-RM-154.Decided May 4, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Warren H.
Leland, 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 1 involved claim to represent certain em-
ployees of the Employer.
3. For the past several years the Employer's employees have been
represented by Local 229 of the United Electrical, Radio and Machine
Workers of America, herein referred to as Local 229. The present
contract between the Employer and Local 229 was entered into on Sep-
tember 2, 1949, and will expire September 3, 1950. Local 229 urges
that this contract bars an election at this time.
On November 7, 1949, a special meeting was held among the' day
shift employees to discuss the action of the CIO in expelling UE.
On November 11, 1949, a similar meeting was held among night
1 At the hearing neither union involved would stipulate that the other is a labor organiza-
tion within the meaning of the Act. On the basis of their respective constitutions and
bylaws and testimony taken at the hearing, we find that both are organized for the pur-
pose of representing employees with respect to wages, hours, and other conditions of em-
ployment and are therefore labor organizations within the meaning of the Act.
89 NLRB No. 129.
1143
1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shift employees. These meetings were publicized well in advance
by circulars and notices posted on the bulletin boards. Although
only 85 out of a total of some 500 members of Local 229 attended the
meetings, the record establishes that this attendance was larger than
the attendance at any of the preceding 12 monthly meetings of
Local 229, except for 1 which was held to discuss terms of the new
contract. Those present unanimously voted to disaffiliate from UE
and affiliate with IUE, and thereafter virtually all the officers, trus-
tees, executive board members, and shop stewards of Local 229 were
named to corresponding positions in the IUE local.
Upon these facts we believe that the issue presented here is gov-
erned by the principles enunciated in the Boston Machine case,2 and,
for the reasons stated in that decision, we find that the contract with
Local 229 does not bar a present determination of representatives.
We therefore find that a question affecting commerce exists con-
cerning 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. 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 of The Bassick Com-
pany's East, South, and West plants in Bridgeport, Connecticut, ex-
cluding office and clerical employees, professional employees, watch-
men, guards and supervisors as defined in the Act.
DIRECTION OF ELECTION 3
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
supervision 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
2 Boston Machine Works Company, 89 NLRB 59. Also for the reasons stated in that
decision we find, contrary to the Employer's contention, that it is unnecessary to determine
whether any representative certified in this proceeding must assume the existing contract.
a Local 229 of the UE is not in compliance with the filing requirements of Section 9 (f),
(g), and (h) of the Act. The record indicates that there is some doubt as to whether this
local is still in existence. If it is in existence the participation of UE, either alone or
together with its Local 229, is conditioned upon Local 229's achieving compliance within
2 weeks from this date. No election shall be held during this 2-week period unless and
until compliance is determined. Any participant in this proceeding may, upon its prompt
request to and approval by, the Regional Director have its name removed from the ballot.
For the reasons stated in General Motors Corporation, 88 NLRB 450, we reject the
contention of the UE that the IUE should not be permitted to use the designation Local 229.
THE BASSICK COMPANY 1145
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 Local 229, International Union of Electrical, Radio and Machine
Workers, CIO, or by United Electrical, Radio and Machine Workers
of America, or by neither.