United States Time Corp.

National Labor Relations Board - Board Decisions

Sep 29, 1948

79 N.L.R.B. 1135 (N.L.R.B. 1948)

In the Matter of UNITED STATES TIME CORPORATIbN , EMPLOYER -and-
INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, CIO ON BEHALF OF PROGRESSIVE METAL WORKERS ' COUNCIL,
PETITIONER
Case No. 1-RC-178.-Decided September 29, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing of-
ficer 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-man panel consisting of the undersigned Board
Members.*
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 named below claim to represent em-
ployees of the Employer.
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employer, within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act on the following
facts :
On May 15, 1947, International Union of, Mine, Milliand Smelter
Workers, CIO, filed a petition in Case No. 1-8-3795 claiming to rep-
resent employees of the Employer. On July 31, the Employer and
Waterbury Watchmakers Union, the Intervenor herein, upon an in-
dependent card check which disclosed that the Intervenor represented
a majority, entered into a contract effective until May 15, 1949. The
present Petitioner intervened in that proceeding and participated in
the hearing held on July 15, 1947. Because of the failure of Interna-
.Houston , Reynolds, and Gray.
79 N. L. R. B., No. 151.
1135
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Union of Mine, Mill and Smelter Workers, CIO, to comply with
the filing requirements of Section 9 (f), (g), and (h) of the Act, the
Board, on December 8, 1947, issued an Order dismissing the petition
of May 15, 1947, and stating that "any of the parties to this matter
may, upon compliance with the filing requirements of the Act, as
amended, file a petition in its own behalf." The present petition was
filed on February 3, 1948.
The Intervenor contends that its contract of July 31, 1947, effective
until May 15, 1949, is a bar to the instant proceeding. We agree. The
order dismissing the petition of the International Union of Mine, Mill
and Smelter Workers, CIO, for non-compliance, gave the present
Petitioner who had intervened in that earlier proceeding no greater
rights than an order granting a request for a withdrawal of the first
petition.' Moreover, the Intervenor in the first proceeding (present
Petitioner) is in no position to assert the equities of a petitioner with
respect to that proceeding because at the time of its intervention in the
first proceeding it did not have a sufficient showing of interest to
maintain a petition in its own behalf. Accordingly, we find that the
contract of July 31, 1947, constitutes a bar to a present determination
of bargaining representative and we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
I Cf. Matter of Merchants Refrigeratxng Company, 78 N L. R. B. 528.