Yardley Plastics Co.

National Labor Relations Board - Board Decisions

Feb 7, 1955

111 N.L.R.B. 526 (N.L.R.B. 1955)

526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union, in violation of Section 8 (a) (5) and (1) of the Act, and
recommending that it cease and desist therefrom and take certain
affirmative action, as more fully set forth in the Intermediate Report,
copies of which were duly served upon the parties. Thereafter, the
Respondent filed exceptions to the Intermediate Report and a sup-
porting brief, and requested oral argument, and the Charging Union
filed a statement in support of the Intermediate Report. In view of
the basis for our decision, as set forth hereinafter, the Respondent's
request for oral argument is hereby denied.
The Charging Union is an affiliate or constituent unit of Interna-
tional Union of Mine, Mill and Smelter Workers (Independent),
hereinafter called the International. On February 1, 1955, the Board
issued a Determination and Order,' determining that the Interna-
tional was not and had not been in compliance with the filing re-
quirements of Section 9 (h) of the Act, and ordering that until the
International had complied with such filing requirements, no further
benefits under the Act be accorded to the International or to any of its
affiliates or constituent units. In view of the foregoing Determination
and Order, to promote the objective of national security which under-
lies the enactment of Section 9 (h) of the Act, and to protect the in-
tegrity of the Board's processes, we find that it would not effectuate
the policies of the Act now to require the Respondent to bargain with
the Charging Union. We shall, accordingly, dismiss the complaint
without considering the merits of the Trial Examiner's findings, con-
clusions, and recommendations.
[The Board dismissed the complaint.]
i Maursce E. Travis, Secretary-Treasurer, International Unaon of Mane, Mall and Smelter
Workers ( Ind.) and Compliance Status of International Union of Mme , Mill and Smelter
Workers (Ind.), 111 NLRB 422.
YARDLEY PLASTICS COMPANY and FRED W. HANCOCK, PETITIONER and
LOCAL UNION No. 464, UNITED RUBBER, CORK, LINOLEUM AND PLAS-
TIC WORKERS OF AMERICA, CIO
FREDERICK B. HILL, JR., FREDERICK B. HILL, III AND YARDLEY MOLDED
PLASTICS, INC., D/B/A E. T. PLASTICS COMPANY and ROBERT R.
THOMAS, PETITIONER and LOCAL UNION No. 464, UNITED RUBBER,
CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, CIO. Cases
Nos. 9-RD-138 and 9-RD-139. February 7,1955
Decision and Order
Upon separate petitions filed under Section 9 (c) of the National La-
bor Relations Act, a consolidated hearing was held before Harold M.
Kennedy, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
111 NLRB No. 83.
YARDLEY PLASTICS COMPANY 527
Upon the entire record in these cases, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioners, employees of the respective Employers, assert
that the Union is no longer the bargaining representative, as defined
in Section 9 (a) of the Act, of the employees designated in the peti-
tions. The Union is the certified and currently recognized represent-
ative of employees in a unit which includes those employees desig-
nated in the petitions.
3. The Petitioner in Case No. 9-RD-138 seeks to decertify the
Union as the collective-bargaining representative of the employees of
the Yardley Plastics Company. The Petitioner in Case No. 9-RD-139
seeks to decertify the Union as representative of the employees of the
E. T. Plastics Company.
On August 14, 1953, following an election pursuant to a consent
agreement, the Union was certified as the collective-bargaining repre-
sentative for all production and maintenance employees of the Yard-
ley Plastics Company, Yardley Molded Plastics, Inc., E. T. Plastics
Company, Hill Brothers Fittings Company, and Industrial Plastic
Pipe Company. Thereafter, on December 10, 1953, the five companies
entered into a contract with the Union covering the aforementioned
production and maintenance employees. That contract expired on
December 10, 1954.
At the hearing, the Union moved to dismiss the petitions on the
grounds that the units alleged in both petitions were inappropriate
and that neither Petitioner made the required showing of interest in
the appropriate unit. It contends that only the multiemployer unit
it has been representing since certification is appropriate. The Em-
ployers state that the proposed units are probably appropriate.
All five of the above-named companies are controlled by Frederick
B. Hill, Jr., and members of his family. Personnel, accounting, and
purchasing operations are centralized. Four of the companies are lo-
cated in 3 buildings on 1 plot of land and the Industrial Plastic Pipe
Company is located at a site but 2 miles away. The various plants are
functionally integrated. All the companies are engaged in the pro-
duction or sale of plastic products.
In view of the foregoing, including the collective-bargaining his-
tory,' we determine that no question affecting commerce exists con-
cerning the representation of employees of the Employers within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
We find that the single-employer units set forth in the petitions are
inappropriate. Accordingly, we grant the Union's motion to dismiss.
[The Board dismissed the petitions.]
' Cf. Acryvin Corporation of America, 107 NLRB 917.