Universal Moulded Products Corp.

National Labor Relations Board - Board Decisions

Sep 3, 1957

118 N.L.R.B. 1277 (N.L.R.B. 1957)

UNIVERSAL MOULDED PRODUCTS CORPORATION 1277:
ing that the unit description be modified so as to read in pertinent
part "including all part-time employees working more than 20 hours
a week." The Employer contends that the unit description in the
original Decision and Direction of Election is ambiguous in that it
may be taken to include in the unit only the two part-time employees
specifically mentioned by name, without regard to the eligibility of
other persons who may also have been employed as part-time clerks
since the date of the hearing herein, or that it may be taken as finding
that all part-time employees are regular part-time employees and
thus included in the unit. It points out that in other cases, involving
others of its stores, in which the Petitioner has also participated, the
Board has utilized the language it suggests herein, in describing the
appropriate units.
On August 7, the Petitioner in a telegram to the Board indicated
its agreement in all respects with the Employer's request for modi-
fication of the unit description.
. Accordingly, as the parties are in agreement as to the exclusion of
all part-time employees who work 20 or less hours per week, we shall
amend the Decision and Direction of Election in accordance with the
parties' request.
IT IS HEREBY ORDERED that the Decision and Direction of Election
issued in this proceeding be, and it hereby is, amended by striking
from paragraph 4 the words "part-time clerks" and substituting re-o
for the words "all part-time employees working more than 20 hours
a week."
CHAIRMAN LEEDOM and MEMBER JENKINS took no part in the con-
sideration of the above Order Amending Decision and Direction of
Election.
Universal Moulded Products Corporation and Local 2826 , United
Brotherhood of Carpenters and Joiners of America , Petitioner
and International Woodworkers of America and its Local
S-449.1 Cage No. 5-1?C-2155. September 3,1957
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Louis Aronin, hearing officer.
The hearing officer's rulings made at the hearing are free from prej-
udicial 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 Jenkins].
International Woodworkers of America will herein be referred to as IWA ; its Local
as Local 5-449. When considered together they will be referred to as the Intervenors.
118 NLRB No. 170.
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
employees of the Employer.
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and 7 of the Act.
The Employer is engaged in the manufacture of radio and tele-
vision cabinets and fiber glass plastic products at its plant in Bristol,
Virginia. The record shows that on July 8, 1948, the TWA was
certified 2 by the Board as the exclusive bargaining representative of
the Employer's production and maintenance employees. Since that
time TWA and Local S-4491 have executed successive contracts with
the Employer covering the employees in question. The most recent
contract was executed on May 31, 1956, effective until April 1, 1959.
The Intervenors urge this contract as a bar to this proceeding. The
Employer takes no position on the contract-bar issue. It states never-
theless that the contract is still binding on the employees, regardless
of which union is their representative. The Petitioner contends that
this contract is not a bar because the membership of Local S-449 voted
to disaffiliate from TWA, thus causing a schism within the ranks of
Local S-449, and thereby rendering Local S-449 defunct and in-
capable of administering the contract. We do not agree with the
Petitioner's contention.
Although the record herein contains a great deal of conflicting testi-
mony concerning the events which transpired, certain facts are un-
disputed. Thus, on January 18, 1957, a special meeting of Local
S-449 was held, and the membership present 4 voted to disaffiliate
from the TWA, and to form an independent union (Universal Em-
ployees Independent Union, herein called the Independent Union),
and to retain as officers in the new union the persons who had been
officers in Local S-449.
Upon learning of the disaffiliation movement, TWA, on January 24,
1957, informed the Employer, by telegram, that it reserved all rights
and privileges under the contract. On January 28,1957, the Independ-
ent Union voted to affiliate with the Carpenters.' On January 31,1957,
TWA advised the Employer that the former union officers and com-
2 Case No. 5-RC-41.
3 The recognition clause of the latest contract designates IWA "and its Local S-449 as
its agent," as the sole collective-bargaining agent.
4 The Petitioner's witnesses testified that approximately 77 members were in attendance
at this meeting . Witnesses for the Intervenors estimated the members present as between
15 and 30. The bylaws of Local S-449 provide that 10 members present shall constitute
a quorum.
a As used herein , the term "Carpenters" means the United Brotherhood of Carpenters
and Joiners of America.
UNIVERSAL MOULDED PRODUCTS CORPORATION 1279
mitteemen of Local S-449 no longer represented Local S-449. On
February 1, the Carpenters issued a charter to the Independent Union,
and it became Carpenters' Local 2826, which is the Petitioner herein.
On February 2, 1957, IWA notified the Employer that its repre-
sentatives were available to "deal with [the Employer] on grievances
or upon any other matter concerning the administration of the con-
tract or representation of your employees." On February 11, 1957,
an administrator was appointed to perform the duties of the officers
of Local S-449, and to administer the affairs of Local S-449. On
February 14, 1957, the remaining membership of Local S-449 held
two meetings and elected new officers and committeemen. On Febru-
ary 15, 1957, the Employer was advised of this action and was fur-
nished a list of the newly elected officers and committeemen. The
record further indicates, that although the membership of Local
S-449 has decreased,' Local S-449 has continued to hold regular
meetings, has protected its propertyj and has effectively handled
employee grievances with the Employer s
In view of the foregoing, it is apparent that, despite the disaffection
of the great part of Local S-449's membership, the IWA has not
relinquished its rights under the contract as a signatory thereto.
It appointed an administrator to administer the affairs of Local
S-449, held membership meetings, elected new officers and committee-
men, settled grievances with the Employer, and in all respects indi-
cated its willingness to administer the contract.
We hold therefore that the action taken by IWA to administer the
affairs of Local S-449, as well as Local S-449's actions in electing
new officers and committeemen, and in settling grievances with the
Employer, preclude a finding that Local S-449 is defunct. More-
over, as the Intervenors remain able and willing to administer the
contract there exists no reason for an application of the "schism"
doctrine and a departure from the usual contract-bar principles.9
8 The Employer 's records show that on January 18, 1957, 162 employees were actively
employed , 116 were in the unit, and 113 of these were on checkoff to Local S-449. On
that date , there were also 680 employees who were in laid-off status and who were eligible
for recall . On January 28, 1957 , 137 employees were actively employed , 101 were in the
unit, and 26 were on checkoff to Local S-449. At the time of the hearing, May 7, 1957,
340 employees were actively employed , 226 were in the unit, and 34 of these were on
checkoff to Local S-449. On that date, there were also 80 employees with active checkoffs
to Local S-449 in a laid -off status.
' Through chancery proceedings , with a decree dated March 26, 1957 , in Sullivan County,
Tennessee , Local S-449 recovered from its former officers its monies, books, records, other
properties , and access to its offices.
8 Thomas F. Morrell , the Employer's industrial relations manager, testified that the
Intervenors had serviced the contract as actively after January 18, 1957, as they had
prior thereto. The witness stated that he met with Mr. Race, the IWA representative,
on January 9, 1957 ; that since the disaffiliation he has met with the new president of
Local S-449, and with a representative of IWA. Morrell further testified that, several
grievances have been settled through the efforts of representatives of Local S-449 since
the disaffiliation.
Y Youngstown Steel Door Company, 116 NLRB 986 , 987; Cyclone Sales, Inc., 115 NLRB
431, 433 ; A. 0. Smith Corporation, 107 NLRB 1415.
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, as the present contract by its terms will not expire until
April 1, 1959, we find that it is a bar to the present proceeding.10 We
shall, therefore, dismiss the petition without prejudice to a timely
refiling.
[The Board dismissed the petition.]
10 In view of our ultimate conclusion in this case , we deem it unnecessary to determine
whether, as the Intervenors contend, the Carpenters participated in the disaffiliation
movement, and whether proper notice of the disaffiliation meeting was not tendered to
the membership of Local S-449.
The Great Atlantic and Pacific Tea Company, National Bakery
Division and Independent Bakery Workers Union
The Great Atlantic and Pacific Tea Company, National Bakery
Division and Arlene C. Smith . Cases Nos. 1-CA-2 17 and 1-CA-
2284. September 3, 1957
RULING ON APPEAL
The Board, pursuant to Section 102.26 of its Rules and Regula-
tions, has heretofore granted special permission to The Great Atlantic
and Pacific Tea Company, herein called Respondent, to appeal di-
rectly to it from an interlocutory ruling of the Trial Examiner
denying four motions that the General Counsel be directed to furnish
Respondent certain documents, as more fully described below. Upon
a consideration of said motions, the Trial Examiner's ruling and
opinion denying the same, and the briefs and arguments of the parties,
the Board on August 16, 1957, decided to sustain the Trial Examiner's
ruling denying said motions and notified the parties thereof officially
on the salve day. The parties were also officially informed at the
same time that an opinion would be prepared and issued at a later
date. Such procedure followed the Board's practice of announcing
a decision prior to the issuance of an opinion where necessary to re-
duce delay in the holding of a hearing in progress before a Trial
Examiner. Cf. Santa Ana Lumber Co., 87 NLRB 53.
A brief history of the events leading to the present appeal dis-
closes the following :
In Case No. 1-CA-2217, Independent Bakery Workers Union,
herein called Independent, charged Respondent with violations of
Section 8 (a) (1), (3). and (5) of the Act. Although this charge
originally also alleged a violation of Section 8 (a) (2), complaint
did not issue thereon. In Case No. 1-CA-2284, Arlene C. Smith
charged Respondent with discriminatorily discharging her from its
employ contrary to the provisions of Section 8 (a) (1) and (3) of
the Act. Complaints, which issued in both cases, were ordered
118 NLRB No. 138.