Webster Electric Co.

National Labor Relations Board - Board Decisions

Oct 27, 1955

114 N.L.R.B. 723 (N.L.R.B. 1955)

WEBSTER ELECTRIC COMPANY 723
sential link in a stream of interstate commerce moving from New
York to Denver business establishments is beyond dispute. That a
strike of this Employer's employees would result in a stoppage of this
flow of goods in interstate transit short of their final destination is
likewise beyond dispute. Nor can it be gainsaid that the value of this
freight must be many times the $268,375 freight charges made for it-
exactly how many million dollars is of course not known.
The majority comes to the astonishing conclusion that "the Em-
ployer's operations do not have a sufficient impact upon interstate com-
merce to justify the Board in asserting jurisdiction." It does so `by
finding that the $268,375 `the Employer collects from the members
for freight charges is collected merely as their agent and held in an
escrow fund so that it cannot be treated as "revenue" to the Employer,
and as the additional monies collected as part of the total of $356,122
amount to less than $100,000 per years the $100,000 "income" or
"revenue" requirement of the standard laid down in Breeding Transfer
and Edelen Transfer is not met. The majority is apparently giving a
very restrictive interpretation to an already too-restrictive standard 3
Considerations of agency, title to funds, etc., are all very absorbing
matters for legal speculation and hairsplitting but it is obvious that
they have absolutely nothing to do with appraising the impact on the
stream of interstate commerce of a work stoppage of this Employer's
employees. Either the present standards should be given a sufficiently
liberal construction to assert jurisdiction over this Employer or the
inadequacies of the standards should be recognized and they should be
revised at the very least to a point which would permit the facilities
of the Board to be utilized to protect the free flow of interstate
commerce of the magnitude here involved.
R See my dissent from the adoption of the standard in Breeding Transfer, 110 NLRB
493, 520-522
Webster E lectric Company and Local No. 849 of the Interna-
tional Association of Tool Craftsmen , Petitioner. Case No.
13-RC-4,084. October 27,1955
SUPPLEMENTAL DECISION, ORDER , AND CERTIFICA-
TION OF REPRESENTATIVES
On August 17, 1955, pursuant to a Decision and Direction of
Election in the above-entitled proceeding,' an election by secret ballot
was conducted under' the direction and supervision of the Regional
Director for the Thirteenth Region among the employees of the Em-
I Not reported in printed volumes of Board Decisions and Orders.
114 NLRB No. 114.
387644-56-vol. 111 7
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployer in the unit found appropriate by the Board. Upon the conclu-
sion of the election, the parties were furnished a tally of ballots, which
showed that of approximately 30 eligible voters, 28 cast ballots, of
which 27 were for the Petitioner, and 1 for the Intervenor, Tool and
Die Makers and Die Sinkers Lodge 849, International Association of
Machinists, AFL.
On August 23, 1955, the Intervenor timely filed with the Regional
Director and served on the parties a document entitled "Objections to
Conduct of Election and Motion to Dismiss Petition." In accordance
with the Rules and Regulations of the Board, the Regional Director
conducted an investigation, and on September 12, 1955, issued and
duly served upon the parties his report on objections to conduct of
election and motion to dismiss petition. In his report, the Regional
Director found that the Intervenor's objections raised no substantial or
material issues which would justify setting aside the election, and
recommended that the objections be overruled. He referred the mo-
tion to dismiss the petition to the Board for a ruling. As the Inter-
venor has not filed exceptions to the Regional Director's report, the
Board hereby adopts it and overrules the Intervenor's objections to the
conduct of the election.
In the motion to dismiss the petition, the Intervenor contends that
the Board should reconsider its, Decision and Direction of Election
dated August 3, 1955, on the ground that the Petitioner was not in full
compliance with Section 9 (h) of the Act, and because of the pendency
of several civil suits filed by the Intervenor against the Petitioner for
alleged illegal seizure of the Intervenor's assets. As the motion to
dismiss contains nothing that has not been previously considered by
the Board, we shall deny it. We note that, upon administrative inves-
tigation, we are satisfied that the Petitioner at all times material herein
has been in full compliance with the provisions of Section 9 (h) of the
Act. -
As the tally of ballots shows that the Petitioner has received a ma-
jority of the ballots cast'] 11 the election, we shall certify it as the exclu-
sive bargaining representative of the employees in the 'appropriate
unit.
I[The Board denied the motion to dismiss and certified Local No.
849 of the International Association of Tool Craftsmen as the desig-
nated collective-bargaining representative of the employees of the
Employer in the unit heretofore found appropriate.]
MEMBER MURDOCK took no part in the consideration of the above
Supplemental Decision, Order, and Certification of Representatives.