Continental Copper and Steel Industries, Inc.

National Labor Relations Board - Board Decisions

Mar 20, 1951

93 N.L.R.B. 874 (N.L.R.B. 1951)

874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Union has not requested recognition as the representative of
the Employer's employees since about July 20, 1950. The obstacle to
the execution of a new agreement to,supplant the one which expired
on July 15, 1950, appears to have been the Employer's refusal to con-
tinue its outerwear department operations. The Board is of the
opinion, from the entire record, that the purpose of the strike is to
compel the Employer to resume those operations and not to. secure
recognition as the bargaining representative of the Employer's re-
maining employees. Under these circumstances, and particularly
in view of the Union's unequivocal disclaimer of representative inter-
est at the hearing, the Board finds that no question exists concerning
representation 3 and, accordingly, will grant the Union's motion to
dismiss the petition herein.
Order
IT IS HEREBY ORDERED that the petition in this proceeding be, and
it hereby is, dismissed.
'Hubach and Parkinson Motors, et aZ., 88 NLRB 1202; Ny-Lint Tool & Manufacturing
Co., 77 NLRB 642; cf. Coca-Cola Bottling Co. of Walla Walla, Washington , 80 NLRB 1063.
QUALITY HARDWARE & MACHINE DIVISION, CONTINENTAL COPPER AND
STEEL INDUSTRIES, INC. and RALPH G. SANDERS, PETITIONER and
DIE & TOOL MAKERS LODGE No. 113, INTERNATIONAL ASSOCIATION OF
MACHINISTS. Case No. 13-RD-77. March 20, 1951
Order Dismissing Petition
On November 9, 1950, pursuant to the Decision and Direction of
Election issued by the Board on October 12, 1950, an election by secret
ballot was conducted in the above-entitled proceeding. Because a
challenged ballot would affect the results of the election, the Regional
Director investigated the matter. In the course of his investigation
he ascertained that the Employer had interfered with the conduct of
the election. Thereafter, on February 21, 1951,,the Regional Director
for the Thirteenth Region issued his report on employer interfer-
ence and on challenged ballot, in which he recommended that the
petition for decertification of representatives previously filed herein
be dismissed.
No exceptions to the Regional Director's report have been filed by
any of the parties within the time provided therefor. We therefore
93 NLRB No. 238.
INDIANAPOLIS WIRE-BOUND BOX COMPANY 875
adopt the report of the Regional Director and shall dismiss the
petition.
IT IS HEREBY ORDERED that the petition for decertification of rep-
resentatives filed by Ralph G. Sanders, Petitioner herein, be, and it
hereby is, dismissed.
Dated, Washington, D. C., March 20, 1951.
By direction of the Board :
Louis R. BECKER,
Associate Executive Secretary.
INDIANAPOLIS WIRE -BOUND Box COMPANY, D/B/A CLEVELAND VENEER
COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, CIO.
Case No. 39-CA-32. March 21, 1951
Supplemental Decision and Amended Order
On September 29, 1950, Trial Examiner Lloyd Buchanan issued
his Supplemental Intermediate Report and Recommended Order in
the above-entitled proceeding, a copy of which is attached hereto, find-
ing that since October 24, 1949, Texsun Supply Corporation has been
the successor of the Respondent, Indianapolis Wire-Bound Box Com-
pany, d/b/a Cleveland Veneer Company, and responsible for remedy-
ing the unfair labor practices of the Respondent. He therefore rec-
ommended that the Respondent and Texsun Supply Corporation, as
successor to the Respondent, jointly and severally cease and desist
from the unfair labor practices engaged in by the Respondent, and
take, with some modification, the affirmative action which the Board
found in its original Order in this case 1 would effectuate the policies
of the Act. Thereafter, the Respondent and Texsun Supply Corpo-
ration filed exceptions to the Supplemental Intermediate Report and
Recommended Order, and supporting briefs.
The Board has reviewed the rulings made by the Trial Examiner
at the reopened hearing, and finds that no prejudicial error was com-
mitted. The rulings are hereby affirmed. The Board has considered
the Supplemental Intermediate Report and Recommended Order, the
exceptions and briefs, and the entire record in the case, and hereby
adopts the findings, conclusions and recommendations of the Trial
examiner, with the following additions and modifications.
1. The Trial Examiner found, and we agree, that Texsun Supply
Corporation is the successor of the Respondent, and, as such, responsi-
ble for remedying the unfair labor practices of the Respondent.
On October 24, 1949, Texsun Supply Corporation acquired the
1 89 NLRB 617.
93 NLRB No. 147.