Leonard Wholesale Meats, Inc.

National Labor Relations Board - Board Decisions

Apr 11, 1962

136 N.L.R.B. 1000 (N.L.R.B. 1962)

1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Local 853 , International Union of Operating Engineers, AFL-
CIO, and its Business Manager Richard J. Carney, Jr., are not and
have not been lawfully entitled to force or require Schiavone & Sons,
Inc., and Schiavone Terminals, Inc., to assign the work of operating
such gantry cranes to employees who are currently represented by
Local 853, International Union of Operating Engineers , AFL-CIO.
3. Within 10 days from the date of this Decision and Determina-
tion of Dispute , Local 853 , International Union of Operating Engi-
neers, AFL-CIO, and its Business Manager Richard J. Carney, Jr.,
shall notify the Regional Director for the First Region, in writing,
whether or not they will refrain from forcing or requiring Schiavone
& Sons, Inc., and Schiavone Terminals , Inc., by means proscribed by
Section 8 ( b) (4) (D) to assign the work in dispute to employees in the
unit represented by Local 853 , rather than to crane operators in the
unit represented by the ILA.
Leonard Wholesale Meats , Inc. and Fred Keith , employee, Peti-
tioner and Amalgamated Meat Cutters and Butcher Work-
men of North America, Local 576, AFL-CIO. Case No. 17-RD-
214. April 11, 1962
DECISION ON REVIEW
On January 10, 1962, the Regional Director for the Seventeenth
Region issued a Decision and Direction of Election in the above-
entitled proceeding. Thereafter, the Union, in accordance with Sec-
tion 102.67 of the Board's Rules and Regulations, Series 8, as amend-
ed, filed with the Board a timely request for review of such Decision
and Direction of Election, on the ground "That there are compelling
reasons for reconsideration of an important Board rule or policy,
where as a matter of policy, the Board can determine that a de-
certification petition is filed timely by placing an arbitrary number
of days during which the decertification petition can be filed."
The Board, by telegraphic order dated February 7, 1962, granted
the request for review and stayed the scheduled election. Thereafter,
the Union filed a brief in support of its contention and urged that
the petition in this case be dismissed.
The Board has considered the entire record in the case with respect
to the Regional Director's determination under review together with
the Union's brief. The Board hereby affirms the Regional Director's
decision that "The petition is timely since it was not filed more than
150 days before the terminal date of an outstanding contract nor
136 NLRB No. 103.
LEONARD WHOLESALE MEATS, INC. 1001
during the 60-day period immediately preceding and including said
expiration date." Deluxe Metal Furniture Company, 121 NLRB 995,
999, 1000.
In its brief, the Union asserts that since the 150-day period for
the filing of a petition was established in the Deluxe case, supra, con-
ditions have changed and that as a result of the delegation by the
Board to its Regional Directors of its powers under Section 9 of the
Act, on May 15, 1961, the reasons for allowing a petition to be filed
as long as 150 days before the termination date of an existing contract
are no longer valid. The Union suggests that this period be shortened.
Since the delegation to the Regional Directors, the Board has been
making a continuing study of the length of time between the filing of
a petition and the holding of an election. Our experience indicates
that the delegation has worked out satisfactorily and that the length of
time has diminished considerably. Consequently, under the present
rule, when petitions are filed early in the open 150-60-day period, a
valid, existing bargaining relationship may be unduly disturbed by
a change in representatives through a Board election conducted well
in advance of the terminal date of such existing contract. To avoid
such consequences of the Board's own expedited procedures and fur-
ther promote the stability of collective-bargaining agreements, with-
out thereby lessening employees' freedom of choice, we shall reduce the
open period for the filing of representation petitions during the term
of an existing bargaining contract. However, in modifying the rule
established in the Deluxe case that a petition filed more than 150 days
before the termination of a subsisting contract will be regarded as
premature, we believe that such a change should be applied prospec-
tively rather than to the instant petition or other petitions which al-
ready have been filed. Otherwise there could be detriment to parties
who have acted in good faith in reliance upon the Board's clear,
present rules concerning timeliness.
We will, therefore consider that petitions filed on or after May 1,
1962, are premature, if they are filed more than 90 days before the
terminal date of subsisting contracts. This change does not in any
way modify the length of the insulated period established in the
Deluxe case which shall remain 60 days.
Inasmuch as we have decided not to make the foregoing change
retroactive, the Regional Director properly concluded that the peti-
tion in this case was timely filed. Accordingly, the case is hereby
remanded to the Regional Director for the Seventeenth Region for the
purpose of holding an election pursuant to his Decision and Direction
of Election, except that the payroll period for determining eligibility
shall be that immediately preceeding the date of this Decision.