Weber Showcase and Fixture Co.

National Labor Relations Board - Board Decisions

Sep 9, 1949

85 N.L.R.B. 1202 (N.L.R.B. 1949)

In the Matter Of WEBER SHOWCASE AND FIXTURE COMPANY, EMPLOYER
and HARRY KLEIN, AN INDIVIDUAL, PETITIONER and LOCAL LODGE 311,
INTERNATIONAL ASSOCIATION OF MACHINISTS, UNION
.In the Matter of WEBER SHOWCASE AND FIXTURE COMPANY PLANT #5
(AIRCRAFT DIVISION), EMPLOYER and DISTRICT #94 FOR ITS LOCAL
LODGE 311 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS,
PETITIONER
Cases Nos. 21-RD-83 and 21 RC-823, respectively.-Decided Septem-
ber9,1949
DECISION
ORDER
AND
DIRECTION OF ELECTION
Upon petitions duly filed, a hearing was held in the above-consoli-
•dated cases before Ben Grodsky, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner in Case No. 21-RD-83, an employee of the Em-
ployer, asserts that Local Lodge 311, International Association of
Machinists, which was certified as the bargaining representative of the
employees in the Employer's plant located at 5700 S. Avalon Boule-
vard, Los Angeles, California, is no longer the representative of these
employees, as defined in section 9 (a) of the amended Act.
District #94 for its Local Lodge 311 of the International Associa-
tion of Machinists, the Petitioner in Case No. 21-RC-823, is a labor
organization claiming to represent certain employees of the Employer.
3. A question affecting commerce exists concerning the repre-
sentation of certain employees of the Employer at its plant #1, within
85 N. L. R. B., No. 203.
1202
WEBER SHOWCASE AND FIXTURE COMPANY 1203
the meaning of Section 9 (c) (1) and Section 2 (6) and ( 7) of the
Act'
4. CASE NO. 21-RC-823
The Petitioner in this case seeks to represent a unit of all machin-
ists, tool and fixture builders, their apprentices and helpers, in de-
partments 502 and 538 at the Employer's plant #5 located at Hunting-
ton Park, California.
At the hearing on June 25, 1949, the Employer testified, without
contradiction, that plant #5 will be completely shut down and aban-
doned within 60 to 90 days. Under these circumstances, we are of the
opinion that no useful purpose will be served by proceeding with a
determination of representatives at the present time. Accordingly,
we shall dismiss this petition without prejudice.2
CASE NO. 21-RD-83
The following employees of the Employer at its plant #1, 5700 S.
Avalon Boulevard, Los Angeles, California, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All tool and die makers, precision jig builders, machinists, mainte-
nance mechanics, apprentices and helpers, and all welders who work
with these classifications, welder journeymen, bench machinists
classes A and B, jig and tool builders classes A, B, and C, general
machinists, and foremen C, excluding all employees in the mainte-
nance department and all supervisors as defined in the Act.
ORDER
It is hereby ordered that the petition in Case No. 21-RC-823 be,
and it hereby is, dismissed without prejudice.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
'The TAM contends that the decertification petition is untimely because it was filed
during the contract term and during the certification year. The contract between the
Employer and the Union was signed on August 5, 1948 , for a tern which expired on
July 1, 1949 . The certification was issued on March 11 , 1948, and the petition was
filed on May 25 , 1949. It is apparent that the petition for decertification was filed after
the first certification year had expired, although about a month before the expiration date
of the contract. Under these circumstances, we find the Union's contention to be without
merit . Cf. Matter of Texas Paper Box Manufacturing Company , 75 N. L . R. B. 799.
Matter of International Harvester Company , Chattanooga Works, 73 N . L. R. B. 436 ;
Matter of Armour and Co., 62 N . L. R. B. 1194.
857829-50-vol. 85--77
n
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction , under the direction and
supervision of the Regional Director for the Region in which this case
was heard , and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations , among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election , including employees who did` not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election , and also excluding employees
on strike who are not entitled to reinstatement , to determine whether
or not they desire to be represented , for purposes of collective bargain-
ing, by Local Lodge 311 , International Association of Machinists.
MEMBERS HOUSTON and MURDOCK took no part in the consideration
of the above Decision, Order, and Direction of Election.