University Metal Products Co., Inc.

National Labor Relations Board - Board Decisions

Feb 20, 1953

102 N.L.R.B. 1567 (N.L.R.B. 1953)

UNIVERSITY METAL PRODUCTS CO., INC . 1567
UNIVERSITY METAL PRODUCTS CO., INC. and AMERICAN FEDERATION OF
LABOR, PETITIONER. Case No. 1-RC-2653. February 20,1953
Second Supplemental Decision and Order Amending Certifi-
cation of Representatives and Denying Motion To Vacate
Certification
On April 15, 1952, the Board issued a Supplemental Decision and
Certification of Representatives 1 in the above-entitled proceeding in
which American Federation of Labor was certified as the exclusive
bargaining representative of the employees of the above-named Em-
ployer in the unit previously found by the Board to be appropriate.
On September 8, 1952, American Federation of Labor filed a motion
to amend the aforesaid certification by substituting the name "Shop-
men's Local #501, International Association of Bridge, Structural
& Ornamental Iron Workers, A. F. L." in place and stead of the
name "American Federation of Labor." On September 18, 1952, the
Board issued and served on all the parties a notice to show cause and
on October 29, 1952, an amended notice to show cause, why the Board
should not grant the Petitioner's motion. Thereafter, the Employer
filed a response to notice to show cause and a response to amended
notice to show cause, objecting to the proposed amendment of the
certification principally on the grounds that, (a) as a matter of prin-
ciple and sound policy, a certification should not be assignable because
an assignment would defeat the employees' choice expressed at a secret
election; and (b) no circumstances were shown to warrant granting
the motion 2
On November 13, 1952, the Employer filed a motion to vacate certi-
fication on the ground that American Federation of Labor fronted for
Metal Fabricators and Finishers Union, A. F. L., a noncomplying
union, in obtaining certification. Thereafter, American Federation
of Labor filed a document in opposition to this motion, denying the
allegations of fronting.
On December 16, 1952, the Board remanded the case to the Regional
Director to take certain testimony concerning the requested amend-
ment of the certification and the fronting charges. On December 30,
1952, a hearing was held before Sidney A. Coven, hearing officer.
199 NLRB 1194.
2 The Employer also contends that the procedures adopted in this case do not conform
with Section 3 (a) of the Administrative Procedure Act which requires every agency to
state and publish in the Federal Register "statements of the general course and method
by which its functions are channeled and determined, including the nature and require-
ments of all formal or informal procedures available . . . . No person shall in any manner
be required to resort to organization or procedure not so published "
We find no merit in this contention . In our opinion , the Board 's Rules and Regulations
and Statements of Procedure comply with the requirements of the Administrative Pro-
cedures Act . Moreover, the Employer is obviously not prejudiced herein as it has had,
and actually has availed itself of, the opportunity to oppose the Petitioner ' s motion in
question.
102 NLRB No. 170.
1568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. On January 19, 1953, the Em-
ployer submitted a brief.
Upon the entire record in the case, the Board makes the following
supplemental findings of fact :
American Federation of Labor organized the Employer's employees
and filed the petition for representation herein. At that time no
other labor organization had any interest in these employees. Fol-
lowing the certification of American Federation of Labor, the em-
ployees expressed a desire to be represented by Shopmen's Local #501,
International Association of Bridge, Structural & Ornamental Iron
Workers, A. F. L., an affiliate of the Petitioner, and accordingly
arranged to affiliate with that organization. Shopmen's Local #501
is an amalgamated labor organization representing, among other em-
ployees, the employees of E. Van Noorden Co., which appears to
have some business relationship with the Employer. By affiliating
with this organization, the employees intended to improve their bar-
gaining position.
On June 23, 1952, a meeting of the Employer's employees was
held which a majority of them attended. At that meeting the em-
ployees voted unanimously to affiliate with Shopmen's Local #501
and to petition the Board to transfer the certificate to that organiza-
tion. Solely to formalize their assent to the proposed amendment
of the certificate, the employees adopted the designation Metal Fab-
ricators and Finishers Union, A. F. L. No organization by that name
had previously existed; nor has one ever been chartered or functioned.
In view of the foregoing, we find no basis for the Employer's alle-
gations that the American Federation of Labor fronted for Metal
Fabricators and Finishers Union in securing its certification. We
further find no reason for denying the Petitioner's application to
amend its certification. Accordingly, we shall grant the Petitioner's
motion to amend the certification and deny the Employer's motion to
vacate the certification.
Order
IT IS HEREBY ORDERED that the certification of representatives issued
to American Federation of Labor be, and it hereby is, amended by
substituting therein the name "Shopmen's Local #501, International
Association of Bridge, Structural & Ornamental Iron Workers, A. F.
L." in place and stead of the name "American Federation of Labor."
AND IT Is FURTITER ORDERED that the Employer's motion to vacate the
certification be, and it hereby is, denied.
CHAIRMAN HERZOG took not part in the consideration of the above
Second Supplemental Decision and Order Amending Certification
of Representatives and Denying Motion to Vacate Certification.