United States Gypsum Co.

National Labor Relations Board - Board Decisions

Jun 17, 1949

84 N.L.R.B. 339 (N.L.R.B. 1949)

In the Matter Of UNITED STATES G YPSUM COMPANY, EMPLOYER and
INTERNATIONAL CHEMICAL WORKERS UNION, A. F. L., PETITIONER
Case No. 7-RC-1157.-Decided June 17, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Francis E.
Burger, hearing officer of the National Labor Relations Board. 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
Reynolds and Gray].
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 alleged question concerning representation :
The Employer contends that the petition should be dismissed on the
ground that the Petitioner itself in compliance lacks the capacity to
bargain collectively with the Employer, and is acting for a local union
which has not complied with the filing requirements of Section 9 (f),
(g), and (h) of the Act.
Article XV, Section 25 of the Petitioner's constitution provides :
"All contracts covering wages and working conditions shall be between
the Local Union and the Employer." At the hearing, an organizer
for the Petitioner testified that a local union has been organized at
the Employer's plant and officers have been elected. Neither a local
number nor a charter has been issued to the new local. The organizer
further testified, however, that if the Petitioner is certified as a result
of this proceeding, the local will be given a charter. In view of the
Petitioner's constitutional limitations set forth above, it is apparent
that the Petitioner is now acting in the local's interest as well as in its
84 N. L. R. B., No. 40.
339
340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
own. As the local has not satisfied the filing requirements of the
statute, we shall dismiss the petition.'
ORDER
IT•is HEREBY ORDERED that the petition filed herein be, and it hereby
is; dismissed;
' Matter of Empire Furniture Manufacturing Co., 82 N. L. R. B. 427; Matter of United
States Gypsum Company , 77 N. L. R. B. 1098.