American Valve Mfg. Co.

National Labor Relations Board - Board Decisions

Feb 9, 1951

93 N.L.R.B. 181 (N.L.R.B. 1951)

AMERICAN VALVE MFG. CO. 181
THEODORE GUTTERMAN, SAMUEL GADE, RUTH SUNNING, LESTER SONK-
ING, HERBERT GADE, ARTHUR GUTTERMAN, MELVIN GUTTERMAN, AND
JACK GUTTERMAN, Co-PARTNERS DOING BUSINESS As AMERICAN
VALVE MrG. Co. and UNITED STEEL WORKERS or AMERICA, CIO,
PETITIONER. Case No. 2-RC-2477. February 9, 1951.
Supplemental Decision and Certification of Representatives
On November 14, 1950, pursuant to a Board Decision and Direction
of Election,' an election was held, under the direction of the Regional
Director for the Second Region among certain employees of Theodore
Gutterman, Ruth Sonking, Lester Sonking, Herbert Gade, Melvin
Gutterman, Arthur Gutterman, and Jacob Gutterman,2 co-partners
doing business as American Valve Mfg. Co., herein called the Em-
ployer, at its plant in Coxsackie, New York. Thereafter, a tally of
ballots was furnished the parties which showed that, of the approxi-
mately 275 eligible voters, 226 cast valid ballots, of which 163 were
for and 52 against the Petitioner and 11 were challenged 3
On November 17, 1950, the Employer filed objections to the election
with the Regional Director. On January 11, 1951, the Acting Re-
gional Director, after investigating the Employer's objections, issued
his report on objections, recommending that the objections be over-
ruled and the Petitioner certified as 'the bargaining representative of
the employees involved.
On January 11, 1951, the Employer filed exceptions to the report on
objections alleging, as the basis for its objections, that Samuel Gade, a -
copartner, had died in the period between the issuance of the Decision
and Direction of Election herein and the election. The Employer
contends that, as this dissolved the old partnership, no certification
should issue in the name of the new partnership, which had not been
a party to the initial proceedings. The Regional Director found, and
the Employer has not challenged his findings, that the new partner-
ship operates the same plant and makes the same products with sub-
stantially the same employees and supervisory and managerial staff
as did the old partnership. Under such circumstances, the Board
has found that the obligation to bargain with the duly elected col-
lective bargaining agent of the employees continues notwithstanding a
change of legal ownership after the issuance of a direction of election
' Unpublished.
2
The Regional Director found that the copartnership now includes an individual by the
name of Jacob Gade. The Employer states that no individual exists by the naive of Jacob
Gade and that the names of the partners are as set forth above
'As the challenges were insufficient to affect the result of the election the Regional
Director made no investigation and report thereon
93 NLRB No. 27.
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and notwithstanding the fact that the new employer was not a party
to the initial proceedings 4
Accordingly, we find that the Employer's objections do not raise
material issues with respect to the conduct of the election, and hereby
overrule the objections. As a majority of the votes were cast for the
Petitioner, we shall certify it as the collective bargaining representa-
tive of the employees in the appropriate unit.
Certification of Representatives
IT IS HEREBY CERTIFIED that United Steel Workers of America, CIO,
has been designated and selected by a majority of the employees of
Theodore Gutterman, Ruth Sonking, Lester Sonking, Herbert Gade,
Arthur Gutterman; Melvin Gutterman and Jacob Gutterman, co-
partners doing business as American Valve Mfg. Co., Coxsackie, New
York, in the unit found appropriate in paragraph numbered 4 of our
Decision and Directon of Election, as their representative for the
purposes of collective bargaining, and pursuant to Section 9 (a) of the
Act, the said organization is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
CHAIRMAN HERZOG and MEMBER REYNOLDS took no part in the con-
sideration of the above Supplemental Decision and Certification of
Representatives.
4 Miller Lumber Company, 90 NLRB 1861.
MARSHALL FIELD & COMPANY and LOCAL 242, AFL, MARSHALL FIELD
EMPLOYEES UNION, BUILDING SERVICE EMPLOYEES INTERNATIONAL
UNION , PETITIONER . Case No. 13-RC-1519. February 9, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Albert Gore, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three- member
panel [Chairman Herzog and Members Reynolds and Murdock].
93 NLRB No. 25.