Yale Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 10, 1966

157 N.L.R.B. 597 (N.L.R.B. 1966)

YALE MANUFACTURING COMPANY, INC. 597
Yale Manufacturing Company, Inc. and Local 3126, United Broth-
erhood of Carpenters and Joiners of America , AFL-CIO, Peti-
tioner. Case No. 1-AC-3. March 10, 1966
DECISION AND ORDER
On April 1, 1964, a representation election was conducted among
the employees of the Employer in an appropriate unit.' Disposition
of challenges to certain ballots determinative of the election had to
await the resolution of unfair labor practice proceedings.2 On
July 28, 1965, Local 3127, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, herein called Local 3127, was certified
as the representative of the employees of the Employer.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Jenkins and Zagoria].
On September 9, 1965, Local 3126, United Brotherhood of Car-
penters and Joiners of America, AFL-CIO, herein called Local 3126,
filed the instant request to amend the certification mentioned above
so as to designate itself in place of Local 3127 as the certified repre-
sentative of the Employer's employees. The Employer opposed the
granting of the amendment on the ground, inter alia, that its employ-
ees had not authorized the change in their bargaining representative.
The Regional Director initially granted the petition herein on Sep-
tember 30, 1965, without a hearing. The Employer thereupon filed a
request for review and the Regional Director, treating this as a motion
for reconsideration, on November 4, 1965, revoked the amendment to
the certification and ordered that a hearing be held. A hearing was
held on November 17 at Boston, Massachusetts, before Hearing Officer
Paul F. Dwyer. The Hearing Officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds:
Local 3127 is a New York local which in January 1964 began an
organizational campaign among the employees of a number of employ-
ers in the Boston area. As previously stated, Local 3127 was certified
in July 1965 as the representative of the employees of the Employer
upon the basis of an election conducted in April 1964. On
March 15, 1964, Local 3126 was chartered with jurisdiction for the
Boston area . On June 15, 1964, Local 3127 held a meeting to which
were invited the employees of the employers that had been organized
1 Case No . 1-RC-7721.
2 Case No . 1-CA-4475, 150 NLRB 1102.
157 NLRB No. 50.
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the Boston area. The purpose of the meeting was both to transfer
bargaining rights for Boston area employers from Local 3127 to Local
3126 and to elect officers of Local 3126. Employees of the Employer
that attended this meeting were not allowed to vote on these matters
on the ground that they were not yet members of Local 3127 and
therefore not entitled to vote at a Local 3127 meeting. Employees of
other local employers were permitted to vote, and the record suggests
that this was because their employers had already entered into con-
tracts with Local 3127 containing union-security provisions and the
employees were all members of Local 3127. No bargaining had taken
place between the Employer and Local 3127, and presumably the
employees in the certified union had not yet been required or permitted
to join the Union. The union members at this meeting voted to trans-
fer the bargaining rights to Local 3126 and then elected officers for
Local 3126.
The record before us demonstrates that the Employer's employees
were not permitted to participate in the decision to substitute Local
3126 as their certified representative. In such circumstances we do
not consider the proposed amendment appropriate.3
[The Board denied the petition filed by Local 3126, United Brother-
hood of Carpenters and Joiners of America , AFL-CIO.] 4
8 Gulf Oil Corporation , 135 NLRB 184 . Cf. Climax Molybdenum Company, 146
NLRB 508.
'The instant petition is dismissed without prejudice to another request to have the
certification amended upon a showing that the proposed amendment reflects the desires of
the employees in the certified unit.
Lyn-Flex Industries, Inc. and United Shoe Workers of America,
AFL-CIO. Cases Nos. 1-CA-4966, and 1-RC-886. March 10,
1966
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
On October 12, 1965, Trial Examiner Arthur E. Reyman issued his
Decision and on October 18, 1965, an errata thereto in the above-
entitled proceeding, finding that Respondent had engaged in and was
engaging in certain unfair labor practices within the meaning of the
National Labor Relations Act, as amended, and recommending that it
cease and desist therefrom and take certain affirmative action, and
further recommending that the election held on April 6, 1965, in Case
No. 1-RC-8286 be set aside and a new election directed, as set forth
in the attached Trial Examiner's Decision. Thereafter, the Respond-
157 NLRB No. 51.