The Wayne Pump Co.

National Labor Relations Board - Board Decisions

Jan 8, 1957

117 N.L.R.B. 25 (N.L.R.B. 1957)

THE WAYNE PUMP COMPANY 25
The Wayne Pump Company and International Union of Electri-
cal, Radio and Machine Workers, AFL-CIO,' Petitioner. Case
No. 13-RC-5167. January 8, 1957 • j ,
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Raymond A. Jacobson, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are.hereby affirmed.
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 involved claim to represent certain em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
The UE asserts that a contract between its Local 903 and the
Employer executed on May 16, 1955, effective until May 16, 1957, is a
bar to the petition. The IAM asserts the same contract, adopted by it
and the Employer, is a bar. The Petitioner contends that the Local
903's contract is not a bar because a schism within the UE has oc-
-curred and Local 903 is defunct, and that the IAM contract is not a
bar as it was executed after the filing of the instant petition.
The Employer has recognized Local 903 as the representative of its
employees for many years. On August 22, 1956, a meeting of all
officers and stewards of Local 903 was held, at which a resolution of dis-
affiliation was passed. Thereafter, on August 24, 1956, at a member-
ship meeting called to consider the question of disaffiliation, a motion
was made, seconded, and unanimously passed to disaffiliate from Local
903 and to affiliate with the IAM. All former officers and stewards of
Local 903 now occupy the same positions with IAM. Since the August
24, 1956, meeting, the Employer has received from virtually all the
employees revocations of checkoff authorizations in favor of Local 903,
and new authorizations executed in favor of IAM. The instant peti-
tion was filed on August 24,1956.
On- August 31, 1956, the Employer and IAM executed a contract
-covering the employees involved herein, which, in effect, adopted the
terms of Local 903's contract.
' Herein called IUE.
-® At the hearing Lodge 2138 , International Association of Machinists , AFL-CIO, herein
called IAM, and United Electrical , Radio & Machine Workers of America ( UE), herein
called UE, were allowed to intervene on the basis of a contract interest . International
Union Allied Industrial Workers, AFL-CIO, was allowed to intervene on the basis of a
-showing of interest.
117 NLRB No. 8.
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the present time Local 903 has no members among the employees,
of the Employer. No meetings of Local 903 have been, held since Au-
gust 24. No officers have been elected or appointed to replace the ones
who have defected to the IAM and no grievances have been processed
by Local 903. We find, therefore, that Local 903 is defunct and that its
contract with the Employer is therefore not a bar to this proceeding.3
We also find that, as the contract between Employer and IAM was-
,executed after the filing of the petition herein, it is also not a bar.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning-
of Section 9 (b) of the Act
All production and maintenance employees at the Employer's Fort
Wayne, Indiana, plant, excluding patternmakers, toolroom employees,.
salaried employees, office and clerical employees, professional em-
ployees, guards, and supervisors as defined in the Act .5
[Text of Direction of Election omitted from publication.]
a Benjamin Air Ride Company, 107 NLRB 104.
` Weber Show Case aE Future Co., Inc., Aircraft Division, 90 NLRB 358, 361.
e The unit finding conforms to a stipulation of the parties.
Harvey Paper Products Company, Division of Kalamazoo Vege-
table Parchment Company and International Printing Press-
men and Assistants ' Union of North America, AFL-CIO, Pe--
tioner. Case No. 7-RC-3169. January 8,1957
ORDER AMENDING DECISION AND DIRECTION
OF ELECTION
On November 20, 1956, the Board issued a Decision and Direction,
of Election in the above-entitled matter 1 wherein it denied the Peti-
tioner's request for an alleged residual group of unrepresented photo-
graphic employees but granted severance of a lithographic production
unit sought by the Amalgamated Lithographers of America, AFL-
CIO, an intervenor, herein called the Lithographers. Because the,
Lithographers' lithographic production unit was composed of (1),
unrepresented photographic employees and (2) represented offset
pressmen, the Board established two such voting groups. The Board
placed on the ballots the Lithographers and the United Paperworkers'
of America, AFL-CIO, an intervenor, herein called the Paperworkers,_
1116 NLRB 1624.
117 NLRB No. 7.