The National Foundry & Furnace Co.

National Labor Relations Board - Board Decisions

Mar 13, 1950

88 N.L.R.B. 1083 (N.L.R.B. 1950)

In the Matter of THE NATIONAL FOUNDRY & FURNACE COMPANY, EM-
PLOYER and INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE
WORKERS, LOCAL 768, CIO, PETITIONER
Case No. 9-RC-700.-Decided March 13, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Alan A. Bruck-
ner, hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
The motion by United Electrical, Radio & Machine Workers of
America and Local 768 thereof, herein called the Intervenor, to dis-
miss the petition is denied for the reasons stated in paragraph 3,
below.
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. The Intervenor contends that this proceeding is barred by a 2-
year bargaining contract between the Employer and Local 768, United
Electrical , Radio & Machine Workers of America, CIO, which was
executed on June 9, 1948. The 1948 contract contains a maintenance-
of -membership union-security provision' As neither the contracting
union nor its alleged successor, the Intervenor, has ever been author-
ized, pursuant to Section 9 (e) of the Act, to negotiate a union-security
provision affecting employees of the Employer, the 1948 contract
1 The contract provides : "All employees who are members of the Union in good standing
in accordance with its constitution and by-laws, and those employees who may thereafter
become members shall, during the life of this agreement as a condition of employment,
remain members of the Union in good standing."
88 NLRB No. 202.
1083
1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cannot operate as a bar.2 Moreover, the clause in question exceeds
the limited form of union-security permitted under certain conditions
by the Act; the contract is thus ineffectual as a bar without regard
to whether or Dot the execution of the union-security clause was au-
thorized by an election under Section 9 (e).3
The Intervenor further contends that the petition herein is de-
fective because the petition alleges, among other things, that the
Petitioner is a successor to Local 768, United Electrical, Radio & Ma-
chine Workers of America, CIO. There is no merit in this contention.
The matter so alleged in the petition tends only to show that there ex-
ists a. dispute between United Electrical, Radio & Machine Workers
of America and International Union of Electrical, Radio & Machine
Workers, CIO, which, insofar as it affects the representation of em-
ployees of this Employer, can best be resolved by the election we are
herein directing.
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. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-.
ing of Section 9 (b) of the Act :
All production and maintenance employees at the Employer's Day-
ton, Ohio, plant excluding office, clerical employees, guards, profes-
sional employees, and supervisors as defined in the Act 4
DIRECTION OF ELECTION 5
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-
vison 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
a C. Hager & Sons Hinge Manufacturing Company, 80 NLRB 163 ; General Electric
Company, Plastics Division of the Chemical Department , 81 NLRB 476.
8 See Aeroil Products Company, Inc ., 86 NLRB 639.
4 The parties stipulated that the unit should include all production and maintenance
employees "and those directly associated with production ." We have deleted the quoted
phrase from our unit finding because of the vagueness of its meaning.
6 For the reasons stated in General Motors Corporation , Frigidaire Division, 88 NLRB
450, we reject the Intervenor ' s contention that the Petitioner ' s designation on the
ballot should not include "Local 768."
THE NATIONAL FOUNDRY & FURNACE COMPANY 1085
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, CIO, or by United Electrical, Radio & Machine Workers of
America and Local 768, United Electrical, Radio & Machine Workers
of America, or by neither.