Sunbeam Corp.

National Labor Relations Board - Board Decisions

May 24, 1951

94 N.L.R.B. 844 (N.L.R.B. 1951)

844 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
SUNBEAM CORPORATION and ANN SALABEC , EVE SALOPEK , LA-URA 'RAE
ATKINSON , AND EARL F. OSLIE
SUNBEAM CORPORATION and UNITED ELECTRICAL , RADIO AND MACHINE
WORKERS OF AMERICA. Cases Nos. 13-CA-36,5 and 13-CA--441.
May 24, 1951
Order on Motions to Strike and for Reconsideration
On April 5, 1951, the Board issued a Decision and Order 1 in the
above-entitled proceeding. Thereafter, on April 25,1951, Respondent
filed a motion for reconsideration, combined with a motion to strike
-a portion of footnote 4 of that Decision. On April 30, 1951, United
Electrical, Radio and Machine Workers of America moved to strike
Respondent's motions from the files. The Board has duly considered
the motions.
Respondent's motion for reconsideration is denied, because it sets
forth no contentions not already considered and rejected by the Board
in its Decision.z
Respondent's motion to strike part of footnote 4 of the Decision
relates to the portion which reads as follows :
Moreover, the Board has recently reinvestigated Respondent's
contention administratively and is satisfied that the Regional
Director denied Respondent's request for the names only because
the request was made orally, and that Respondent's inability to
obtain them resulted from its own failure to make written appli-
cation for them, as suggested by the Regional Director.
In its motion, Respondent challenges the accuracy of this state-
ment and moves that it be stricken as prejudicial. This motion is
granted, although not for the reasons urged by Respondent.
The Board has consistently held that, under the statutory scheme,
whether a labor organization which is required to comply with the
filing requirements of Section 9 (f), (g), and (h) of the Act has in
fact done so is not litigable.3 Such a determination remains one en-
trusted to the Board in its administrative capacity.
193 NLRB 1205
2 Respondent 's contention that the Union would not he a "labor organization" if found
to be a creature of the Communist Party was expressly rejected by the Board in its
Second Supplemental Decision and Certification of Representative , 89 NLRB 469. The
decision of the Canada Labour Relations Board in Branch Lines, Ltd , and Canadian
Seamen's Union, decided December 7, 1950, cited by Respondent , turns on a statutory
provision (11-12 George VI, Chap. 54, Sec. 2 ( 1) (r)) different in important respects
from the language of Section 2 (5) of the Labor Management Relations Act.
3 Dalton Telephone Co , 82 NLRB 1001, enforced 187 F 2d 811 (C A 5, March 2,
1951 ) ( Motion of respondent to remand for findings regarding compliance matters, denied) ;
Red Rock Company , 82 NLRB 521 , enforced as modified 187 F. 2d 76 (C. A 5, February
94 NLRB No 134
NATIONAL DIE CASTING COMPANY 845
As part of its investigation of compliance, the Board will, of
course, consider any relevant information brought to its attention.
All information submitted by Respondent in this case was consid-
ered by the Board before it made its determination that the Union
was in compliance with Section 9 (h) of the Act.
Turning to Respondent's request which was denied by the Regional
Director, while no party is entitled as a matter of right to such infor-
mation, the Board's policy is to have its agents release to interested
parties, under proper safeguards, the names of designated union offi-
cers and of persons who have filed the required affidavits. Because
Respondent failed to obtain this desired information, whatever the
reason, its request will be referred to the Regional Director for ac-
tion in accordance with the Board's policy. If Respondent, after it
has received the information which it desires, brings to the Board's
administrative attention any pertinent additional information con-
cerning the Union's compliance status, the Board will, of course, con-
sider further the question of compliance in the light of such new
matter.
The Union's motion to strike Respondent's motion from the files
is without merit.
IT IS HEREBY ORDERED that Respondent's motion for reconsidera-
tion be, and it hereby is, desired ; that Respondent's motion to strike
the above quoted portion of footnote 4 of the Decision be, and it hereby
is, granted; and that the Union's motion to strike Respondent's mo-
tion from the files be, and it hereby is, denied.
15, 1951 ) ; Vulcan Forging Company , 85 NLRB 621 , reversed on other grounds 188 F. 2d 927
(C. A. 6, March 23, 1951) ; Ann Arbor Press, 85 NLRB 28, enforced as modified 188 F. 2d 917
(C. A. 6, March 25, 1951) ; Greensboro Coca Cola Bottling Company, 82 NLRB 67, enforced
180 F. 2d 840 (C. A. 4). Cf. N. L. R. B. v. Highland Park Mfg. Co., 184 U. S. 98, decided
May 14, 1951 (28 LRRM 2033).
NATIONAL DIE CASTING COMPANY and CHICAGO AMALGAMATED LOCAL
758, INTERNATIONAL UNION, MINE, MILL AND SMELTER WORKERS.
Case No. 13-CA-370. May 25, 1951
Decision and Order
On January 12, 1951, Trial Examiner C. W. Whittemore issued
his Intermediate Report in the above-entitled proceeding, finding
that the Respondent had engaged in and was engaging in certain un-
fair labor practices and recommending that it cease and desist there-
from and take certain affirmative action, as set forth in the copy of
94 NLRB No. 130.