U.S. Chaircraft Manufacturing Corp.

National Labor Relations Board - Board Decisions

Feb 10, 1959

122 N.L.R.B. 1352 (N.L.R.B. 1959)

1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers herein to a three-member panel [Chairman
Leedom and Members Bean and Fanning].
We agree with the Regional Director that the Union's objections
were not timely served upon the other parties and, thus, that the
objections should be overruled. As noted above, a tally of ballots
was served upon the parties in each case on November 18, 1958, and
the objections were filed with the Board on November 21. The inves-
tigation disclosed, however, that the Union did not know when copies
of the objections were sent to the other parties, and the envelope
containing the copy received by the Employer was postmarked
November 29. Such delay beyond the filing date in mailing a copy
of the objections to the Employer does not constitute immediate
service of the objections upon the parties, as required by Section
102.69 of the Board's Rules and Regulations.'
Moreover, the Union's objections, even if they could be considered,
are without merit, as the election was not held until the charges had
been dismissed by the Regional Director and were pending on appeal
before the General Counsel,' and the Board will not reconsider ques-
tions of contract bar, which could have been fully litigated at the
preelection hearing, at this post-election stage of the proceeding 5
In view of the foregoing, we adopt the Regional Director's recom-
mendation and overrule the Union's objections. Consequently, as the
Union failed to receive a majority of the valid ballots cast in any
of the elections, we shall certify the results of these elections.
[The Board certified that Local Union No. 351, International
Union of Operating Engineers, AFL-CIO, was not selected by a
majority of the employees in any of the three appropriate units and
that that Union is not the exclusive bargaining representative of the
Pantex Garage employees, of the traffic department tank car shop
employees, or of the telephone and teletype operators employed by
the Employer at its Phillips, Texas, operations.]
3 General Time Corporation , 112 NLRB 86.
' Stewart-Warner Corporation , 112 NLRB 1222, 1223.
8 Winter Seal Corporation, 117 NLRB 659, 660; see Rockwell Manufacturing Company,
122 NLRB 798.
U.S. Chaircraft Manufacturing Corp .' and United Chaircraft
Employees Union (Ind.), Petitioner. Case No. 22-RC-332.
February 10, 1959
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. His rulings made at
the hearing are free from prejudicial error and are affirmed.
1 The name of the Employer appears as amended at the hearing.
122 NLRB No. 167.
DI NNON FOOD PItODVC'rs CO . 1353
Pursuant to Section 3(b) of the Act, the-Board has delegated its
powers herein to a. three-member panel [Chairman Leedom and
Members Rodgers and Jenkins].
Upon the entire record, the Board finds :
1. The Employer is.engaged in commerce within the meaning of
the Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within Section 9(c) (1)
and Section 2(6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within Section
9(b) of the Act:
All production and maintenance employees of the Employer at its
Bloomfield, New Jersey, plant, excluding office clerical employees,
professional employees, sales employees, guards, and supervisors as
defined in the Act .8
[Text of Direction of Election omitted from publication.]
2 The Employer and the Intervenor , Local 108 , Retail , Wholesale and Department Store
Union, AFL-CIO, contend that their current collective -bargaining agreement is a bar to
an election: The union-security provision of the contract provides :
All present employees . and all employees hired in the future who are covered by
this agreement shall become members of the Union not later than thirty ( 80) days
after the date of their employment or the date of this agreement , whichever is later,
and shall continue and maintain their membership In the Union as a condition of
their- employment, subject to the terms and conditions of any applicable federal or
state larva. The Union shall be the sole judge of the standing of its members, In-
eluding whether each of them has fully paid all dues and initiation fees as requested
by the Union, and the Company agrees to be bound by all decisions of the Union
with respect to . the standing of its members . The Employer furthermore agrees,
upon notice by the Uniop , to discharge forthwith any of its employees who have not
fully paid, up all. dues and Initiation fees due to the Union and to replace such
employees in aeeordaace ' with and subject to the terms of this agreement.
The Board Is of the opinion that the above provision exceeds the permissive limits of
union security allowed by the proviso of Section 8(a) (3) of the Act. See Keystone Coat,
Apron . c6 !'owed b'uppiy Cofnpany, et al., 121 NLRB 880. Accordingly , we find that the
contract is not a bar.
' The parties stipulated as to the above unit.
Drennon Food Products Co. and Local 60, Bakery & Confec.
tionery Workers' International Union of America .' Case No.
10-CA4003. Feb dt'y 11, 1959
DECISION AND ORDER
On July 7, 1958, Trial Examiner Albert P. Wheatley issued his
Intermediate Report in the above -entitled proceeding, finding that
1 The Board, having been notified by the AFL-CIO that it deems the Bakery Workers'
certificate of affiliation revoked by convention action , the identification of the Charging
Party is hereby amended.
122'NLRB No. 163.