The Union News Co.

National Labor Relations Board - Board Decisions

Jul 7, 1958

121 N.L.R.B. 13 (N.L.R.B. 1958)

THE UNION NEWS COMPANY 13
mixing through dumping, mixers or spongers of bread, rolls, cakes, or
pies, oven men or drawers, benchhands , underhand on cakes , bread,
rolls, or pies , and jobbers and apprentices on bread, rolls , cakes, or pies.
These units conformed to the contractual units which came under the
jurisdiction of Local 218 , and are the units sought by the Petitioner
herein. In those cases , the employers and Local 218 and Local 218A
contended that the appropriate units should consist of the foregoing
employees as well as the employees in the contractual units which came
under the jurisdiction of Local 218A . The same contention is made by
these parties in the instant cases.
In its decision in the earlier cases, the Board found that the duties
and interests of the employees in the units sought by the Petitioner
were separate and distinct from those of the employees whom the
employers and Locals 218 and 218A would have included and, there-
fore, were appropriate . In view of the parties ' stipulation herein, and
the Board 's decision in Cases Nos. 17-RC-2686 and 17-RC-2688, we
find that the units sought by the Petitioner herein are appropriate.
Accordingly , we find that the following employees of The Great
Atlantic and Pacific Company, National Bakery Division, and of
Fairfax Baking Company, Division of Safeway Stores , Inc., located
in Kansas City, Missouri , constitute units appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act:
All employees engaged in operations of mixing through dumping,
mixers or spongers of bread, rolls , cakes, or pies , oven men or drawers,
benchhands , underhand on cakes, bread , rolls , or pies , and jobbers and
apprentices on bread, rolls, cakes, or pies, but excluding wrapping
machine operators , ingredient scalers , icing makers or fruit cooks,
head checkers , receiving and shipping clerks, stationary engineers,
machinists , bread salesmen , office clerical employees , professional em-
ployees, guards , and all supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
The Union News Company 1 and International Union of Operating
Engineers, Local 94, AFL-CIO, Petitioner. Case No. 2-RC-965.
July 7,1958
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John J. Carmody,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
1 The name of the Employer appears as corrected at the hearing.
121 NLRB No. 4.
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 [Chairman Leedom and Members Bean and Jenkins].
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 2 involved claim to represent employees
of the Employer.
3. No question, affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
Local 1115-C, Amusement Clerks & Concessionaires Employees
Union, Retail Clerks International Association, AFL-CIO,3 the
Intervenor herein, moves to dismiss the petition, asserting that a
current collective-bargaining agreement between the Employer and
the Intervenor constitutes a bar to the petition. The Petitioner
apparently contends that the contract cannot be a bar because it con-
tains a union-security clause and the Intervenor was not in compli-
ance with Section 9 (f), (g), and (h) of the Act on the date of its
execution. The Employer ,takes no position in this regard.
The contract was executed on January 11, 1958, and will terminate
January 11, 1961, unless automatically renewed in accordance with
its provisions. The petition herein was filed on January 14, 1958.
Neither on the face of the petition nor at the hearing did the Peti-
tioner indicate that a claim for recognition had been communicated
to the Employer prior to the filing of the petition.
We have been advised administratively that the Intervenor was
not in compliance with Section 9 (f), (g), and (h) of the Act between
December 18, 1957, and March 8, 1958, including the intervening date
of January 14, 1958, when the petition was filed. However, on March
19, 1957, the Intervenor received notice' from the Board of its com-
pliance with Section 9 (f), (g), and (h).
Insofar as it is pertinent, Section 8 (a) (3) of the Act provides:
... That nothing in this Act . . . shall preclude an employer
from making an agreement with a labor organization . . . to
require as a condition of employment membership therein .. .
(i) if such labor organization is the representative of the em-
ployees . . . and has at the time the agreement was made or
within the preceding twelve months received from the Board a
2 The Intervenor, Local 1115-C, Amusement Clerks & Concessionaires Employees Union,
Retail Clerks International Association, AFL-CIO, intervened on the basis of its contract
interest. ,
3 The name of the Intervenor appears as corrected at the hearing
THE EVANS PIPE COMPANY 15
notice of compliance with section 9 (f), (g), (h)....
[Emphasis supplied.]
We find that as the Intervenor received notice of compliance with
Section 9 (f), (g), and (h) of the Act within 12 months prior to
the time the contract herein was made, the union-security clause is
lawful and the contract is a bar to the untimely petition . Accordingly,
we grant the •Intervenor 's motion and shall dismiss the petition.
[The Board dismissed the petition.]
The Evans Pipe Company; Stillwater Clay Products Company;
Robinson Clay Product Company, Factory #6; 1 Clay City
Sewer Pipe Company; 1 Larson Clay Products Company; Rob-
inson Clay Product Company; 1 McClain Firebrick Division
of H. K. Porter Company, Inc ; 1 Universal Sewer Pipe Corpo-
ration , Plant No. 1 ; 1 Universal Sewer Pipe Corporation; Den-
nison Sewer Pipe Company ; 1 Universal Sewer Pipe Corpora-
tion, Plant No . 2 and Plant No. 51 and International Union of
Operating Engineers, Local No. 821, AFL-CIO, Petitioner.
Cases Nos. 8-RC-3177, 8-RC-3178, 8-RC-3179, 8-RC-3180, 8-RC-
3181, 8-110-39204, 8-R0-39206, 8-RC-3210, 8-R039211,2 8-RC-3212,
and 8-RC-3217. July 8,1958
DECISION AND ORDER
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, consolidated hearings were held before
Carroll L. Martin, hearing officer. 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 Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Members Rodgers, Bean, and Fanning].
Upon the entire record in this case, the Board finds:
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employers.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
" The Petitioner seeks to represent the boilerroom firemen of the vari-
ous Employers in separate units; alternatively, it will accept a multi-
i The name of this Employer appears as amended at the hearing.
2 On Petitioner 's motion , this petition was withdrawn at the hearing.
121 NLRB No. 5.