General Time Corp.

National Labor Relations Board - Board Decisions

Mar 29, 1972

195 N.L.R.B. 1107 (N.L.R.B. 1972)

WESTCLOX DIVISION OF GENERAL TIME CORP 1107
Westclox Division of General Time Corporation, Em-
ployer-Petitioner , and District 132, International
Association of Machinists and Aerospace Workers,
AFL-CIO, Petitioner , and International Union of
District 50, Allied and Technical Workers of the
United States and Canada , Intervenor, and Westclox
Workers Local Union 12573, Intervenor . Cases 38-
RM-73 and 38-RC-1051
March 29, 1972
DECISION ON REVIEW
On October 29, 1971, the Regional Director for Re-
gion 13 issued a Decision and Direction of Election in
the above-entitled proceeding in which he found that
the current collective-bargaining agreement between
the Employer and Westclox Workers Local Union
12573, International Union of District 50, Allied and
Technical Workers of the United States and Canada,'
which expires on June 4, 1972, was not a bar to the
proceeding because of a schism. Thereafter, in accord-
ance with Section 102.67 of the National Labor Rela-
tions Board Rules and Regulations, Series 8, as
amended, Intervenor, International Union of District
50, Allied and Technical Workers of the United States,
hereinafter called District 50, filed a timely request for
review of the Regional Director's Decision on the
ground that he made findings of fact which are clearly
erroneous and departed from officially reported prece-
dent. The Petitioner and Employer filed briefs in oppo-
sition and the United Steelworkers of America filed a
brief amicus curiae in support of the request for review.
The Board on December 20, 1971, by telegraphic
order granted the request on the ground that it raised
substantial issues warranting review. Thereafter, the
Petitioner, Employer, and District 50 filed briefs.
The local is the certified collective-bargaining agent.
The request for oral argument is denied as the record and briefs ade-
quately present the issues and the positions of the parties.
The Board has considered the briefs and the entire
record in this proceeding with respect to the issues
under review' and makes the following findings:
The Regional Director found the existing contract
no bar because he concluded that the current dispute
at the international level of District 50 over the presi-
dency of the organization and its proposed merger with
the United States Steelworkers of America established
the existence of a schism within the meaning of the
doctrine of Hershey Chocolate Company.'
We find it unnecessary in the circumstances of this
proceeding to consider the issues posed by this finding.
The Board has held that a petition will not be dis-
missed, even though prematurely filed, if a hearing is
directed despite the prematurity of the petition and the
Board's decision issues after the 90th day preceding the
expiration date of the contract.' This is the situation
here. We therefore affirm the Regional Director, but
solely on this basis and not on the basis of an alleged
schism.
The case is remanded to the Regional Director for
the purpose of conducting an election pursuant to his
Direction of Election except that the eligibility payroll
period therefore shall be that immediately preceding
the date of issuance.'
' 121 NLRB 901.
Royal Crown Cola Bottling Co. of Sacramento, 150 NLRB 1624, 1625.
' In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their ad-
dresses which may be used to communicate with them. Excelsior Underwear
Inc., 156 NLRB 1236; N.LR.B. v. Wyman-Gordon Co., 394 U.S. 759.
Accordingly, it is hereby directed that a corrected election eligibility list,
containing the names and addresses of all the eligible voters , must be filed
by the Employer with the Regional Director for Region 13 within 7 days
of the date of this Decision on Review . The Regional Director shall make
the list available to all parties to the election . No extension of time to file
this list shall be granted by the Regional Director except in extraordinary
circumstances. Failure to comply with this requirement shall be grounds for
setting aside the election whenever proper objections are filed.
195 NLRB No. 202