Missouri Service Co.

National Labor Relations Board - Board Decisions

Dec 16, 1949

87 N.L.R.B. 1142 (N.L.R.B. 1949)

In the Matter of MISSOURI SERVICE COMPANY, EMPLOYER and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, LOCAL B-941,
PETITIONER
Case No. 17-RC--82
ORDER AMENDING CERTIFICATION OF
REPRESENTATIVES
December 16, 1949
On January 28, 1949, the Board issued a Decision and Direction of
Election in the above-entitled case.' Following the election conducted
on February 17, 1949, the Board through the Regional Director for
the Seventeenth Region issued on February 25, 1949, a Certification of
Representatives in which it certified the International Brotherhood of
Electrical Workers, AFL, Local B-941, as the bargaining representa-
tive of employees in the unit found to be appropriate by the Board.
On September 16, 1949, International Brotherhood of Electrical
Workers, AFL, Locals B-941 and B-695 filed a joint "Motion to Amend
Certificate" by substituting the name "International Brotherhood of
Electrical Workers, AFL, Local B-695," in place of "International
Brotherhood of Electrical Workers, AFL, Local B-941." Thereafter,
on October 20, 1949, the Board issued a Notice to Show Cause in
writing why the Motion should not be granted.
The movants assert that Local B-941 has amalgamated with and
become an integral part of Local B-695; that in connection therewith
all officers and members of Local B-941 have transferred their mem-
bership to Local B-695; that all properties, assets, and liabilities of
Local B-941 have been taken over by Local B-695; and that all out-
standing contracts held by Local B-941 have been assigned to
Local B-695.
In its answer, dated October 28, 1949, to the Show Cause Order, the
Employer opposes the motion on the ground that Local B-695, which
already represents certain employees of another utility company,
would as a result of the proposed substitution become the bargaining
agent for its employees as well. The Employer also takes the position
that Local B-941 cannot assign its rights as bargaining agent without
Unpublished.
87 NLRB No. 117.
1142
MISSOURI SERVICE, COMPANY 1143
the consent of the employees, and that in accordance with Section 7
and Section 9 (a) another election is the only proper method for the
employees to indicate whether they now desire Local B-695 as their
representative.
The Board 2 having considered this matter and having determined
that sufficient cause has not been shown why the motion of Locals B-941
and B-695 should not be granted,
IT IS HEREBY ORDERED that the Certification issued to International
Brotherhood of Electrical Workers, AFL, Local B-941, be, and it
hereby is, amended by substituting the name International Brother-
hood of Electrical Workers, AFL, Local B-695.3
2In the absence of further proof that the members of Local B-941 have consented to
the amalgamation , Members Reynolds and Gray would deny the motion to amend the
certification.
8 This is not to be construed as a recertification.