United States Gypsum Co.

National Labor Relations Board - Board Decisions

May 23, 1967

164 N.L.R.B. 931 (N.L.R.B. 1967)

UNITED STATES GYPSUM CO. 931
United States Gypsum Company and Oil,
Chemical and Atomic Workers International
Union, AFL-CIO, and its Local 7-239,
Petitioners . Case 7-AC-8.
May 23, 1967
DECISION AND ORDER
BY MEMBERS FANNING, BROWN, AND ZAGORIA
Pursuant to stipulation for certification upon
consent election, a representation election was held
among the Employer's production and maintenance
employees at its Alabaster, Michigan, plant. As a
result of this election, the National Labor Relations
Board, on August 13, 1964, jointly certified Oil,
Chemical and Atomic Workers International
Union, AFL-CIO, and its Local 7-371, as the
exclusive bargaining representatives of the
aforementioned employees.' On December 28, 1966,
Oil, Chemical and Atomic Workers International
Union, AFL-CIO, and its Local 7-239 filed the
instant petition to amend the aforesaid certification
by substituting the name of Local 7-239 in place of
Local 7-371.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
A hearing was held on January 24, 1967, before
Shlomo Sperka, Hearing Officer. The Hearing
Officer's rulings made at the hearing were free from
prejudicial error and are hereby affirmed.
The Board has considered the petition to amend
certification, the Employer's brief, and the entire
record in this case, and, for the reasons stated
below, grants the petition to amend certification.
Prior to 1966, the petitioning Local 7-239
represented employees of a single employer. In
January 1966, its members voted to become an
amalgamated local. It currently represents
employees of several employers. In March 1966, the
members of Local 7-239 voted to accept into
membership the members of the jointly certified
Local 7-371.
Shortly thereafter, the membership of the jointly
certified Local 7-371, which represented only the
Employer's employees, decided to consider the
merger with the petitioning Local 7-239 and notices
were mailed out to all members, who comprised
about 35 in the unit of approximately 50 employees,
apprising them that the merger question would be
put to a vote at a meeting to be held on May 13. The
May 13 meeting was attended by 17 members and
the vote was 15 for, and 2 against, the merger. A
representative of the parent International of both
locals participated in the merger meetings and spoke
in favor of the merger. Thereafter, the records and
assets of Local 7-371 were transferred to Local
7-239. Since the merger, the former members of the
certified Local 7-371, while participating with all
other members of Local 7-239 in the election of its
officers, also elected from their own unit a separate
bargaining committee to represent them in
bargaining with the Employer, and the chairman of
this committee is automatically a member of the
executive committee of the petitioning Local 7-239.
The Employer's contract with the International and
Local 7-371 expired on October 17, 1966, and a
request to open negotiations for a new contract was
transmitted to the Employer by letter dated
August 10, 1966, signed by the unit bargaining
committee chairman and the International.
The Employer moved that the petition be
dismissed on the grounds that the substitution of
Local 7-239 for Local 7-371 constitutes a change of
representatives which raises a question concerning
representation resolvable only by an election
provided for under Section 9(c) of the Act, and a
majority of the employees in the certified unit were
not afforded an opportunity to express their desires
as to the merger and resulting change of
representatives. We find no merit in these
contentions. It is well established that where, as
here, adequate opportunity to vote is provided to all
those employees eligible to vote, the decision of the
majority actually voting is binding on all in the
conduct of a democratic election.'
By the establishment of the bargaining committee
to represent the employees in the previously
certified unit only, the joint request of the committee
and the International that the Employer negotiate a
new contract, and the inclusion of the bargaining
committee chairman of the certified unit on the
executive committee of the joint petitioner Local
7-239, the day-to-day relationship between the unit
employees and the Employer will be maintained and
their contractual obligations honored.3 In addition,
both Locals 7-239 and 7-371 are locals of the same
International, which approved the merger, and will
continue to be the joint representative of the
certified unit.
In all the circumstances, we find that the
requested substitution of Local 7-239 for Local
7-371 as jointly certified representative of the
employees in the unit insures to these employees a
continuity of their present organization and
representation, and we shall therefore grant the
petition to amend certification.4 Such amendment of
the certification is not, however, to be considered as
a new certification or a recertification.
' Case 7-RM-494, not in published NLRB volumes.
2 Emery Industries , Inc. (Dice Road), 148 NLRB 51
3 The East Ohio Gas Company, 140 NLRB 1269
4 Climax Molydenum Company, 146 NLRB 508 Accordingly,
the Employer 's motion to dismiss the petition is hereby denied.
164 NLRB No. 134
298-668 0-69-60
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER Workers International Union, AFL-CIO , and its
Local 7-371 in Case 7-RM-494 be, and it hereby is,
It is hereby ordered that the certification of amended by substituting therein "Local 7-239" for
representatives issued to Oil, Chemical and Atomic "Local 7-371."