The Dobeckmun Co.

National Labor Relations Board - Board Decisions

Sep 9, 1948

79 N.L.R.B. 540 (N.L.R.B. 1948)

In the Matter of THE DOBECKMUN COMPANY, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, DISTRICT 54, PETITIONER
Case No. 8-RC-77.-Decided September 9,1948
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held on April
8,1948, before a hearing officer of the National Labor Relations Board.
On June 25, 1948, the Board ordered the record reopened for the
purpose of adducing additional testimony as to a current collective
bargaining contract between the Employer and Cellophane Converters
Association, herein called the Intervenor. Pursuant to such order, a
further hearing was held on July 23, 1948. The hearing officer's
rulings made at the hearings 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-man panel consisting of the undersigned Board
Members.*
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 named below claim to represent em-
ployees of the Employer.
3. The alleged question concerning representation :
On May 6, 1947, following a consent election, the Intervenor was
certified by the Board as exclusive bargaining representative of all
the Employer's production and maintenance employees, including the
employees whom the Petitioner now seeks to represent. At the time of
the certification, the employees in the unit were already covered by a
collective bargaining contract between the Employer and the Inter-
venor which by its terms expired on March 12, 1948. On January
14, 1948, the Petitioner claimed recognition as bargaining agent for
*Chairman Herzog and Members Murdock and Gray.
79 N. L. R. B., No. 70.
540
THE DOBECKMUN COMPANY 541
the Employer's machinists, machinists' helpers, and tool-crib attend-
ants, and on January 19, 1948, filed its petition with the Board. On
April 26,1948, the Employer and the Intervenor executed a new 1-year
contract covering the production and maintenance employees.
The Intervenor contends that its negotiations with the Employer
preceding and leading up to the 1948 contract are a bar to this pro-
ceeding. We find no merit in this particular contention. However,
as the 1948 contract was executed before the first anniversary of the
certification year which began on May 6, 1947, we find, in accordance
with a well-established principle, that the contract is a bar to this pro-
ceeding? Accordingly, we find that no 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. We shall, therefore, dismiss the petition.2
ORDER
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of The Dobeckmun Com-
pany, Cleveland, Ohio, filed herein by International Association of
Machinists, District 54, be, and it hereby is, dismissed.
1 Matter of The Quaker Maid Company, 71 N. L . R. B. 915.
s In view of our decision herein, we find it unnecessary to pass upon the Employer's
motion to dismiss the petition because it was filed within the certification year.