Zenith Radio Corp.

National Labor Relations Board - Board Decisions

Aug 17, 1951

95 N.L.R.B. 1156 (N.L.R.B. 1951)

1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The scope of the Respondent's illegal conduct as found above discloses a pur-
pose to defeat self-organization among its employees. Because of the Respond-
ent's unlawful conduct and its underlying purpose, I am convinced that the
unfair labor practices found are persuasively related to the other unfair labor
practices proscribed and that danger of their commission in the future is to be
anticipated from the Respondent's conduct in the past. The preventive purposes
of the Act will be thwarted unless the recommendations are coextensive with
the threat. In order therefore, to make effective the interdependent guarantee
of Section 7, to prevent a recurrence of unfair labor practices and thereby mini-
mize industrial strife which burdens and obstructs commerce and thus effectuate
the policies of the Act, I shall recommend that the Respondent cease and desist
from in any manner infringing on the rights guaranteed in Section 7 of the Act.
Upon the foregoing findings of fact, and upon the entire record in the case, I
make the following :
CowcLUsIONs OF LAW
1. Milk Wagon Drivers and Creamery Workers Union, Local 380, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
affiliated with the American Federation of Labor, is a labor organization within
the meaning of Section 2 (5) of the Act.
2. By interfering with, restraining, and coercing its employees in the exercise
of the rights guaranteed in Section 7 of the Act, the Respondent has engaged in
and is engaging in unfair labor practices within the meaning of Section 8 (a) (1)
of the Act.
3. By discriminating in regard to the hire and tenure of employment of Charles
D. Matthews, Michael Langone, and Richard H. Ayers, and thereby dis-
couraging membership in Milk Wagon Drivers and Creamery Workers Union,
Local 380, International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, A. F. L., the Respondent has engaged in and is en-
gaging in unfair labor practices within the meaning of Section 8 (a) (3) of
the Act.
4. The aforesaid labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommended Order omitted from publication in this volume.]
ZENITH RADIO CORPORATION and INDEPENDENT RADIONIO WORKERS OF
AMERICA, PETITIONER . Case No. 13-RC-1979. August 17, 1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Helene Zogg, hearing officer.
The hearing officer's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
95 NLRB No. 155.
BREEDING ` TRANSFER COMPANY 1157
1. The Employer is engaged in commerce-within the meaning, of the
Act.
2. The labor organizations involved claim to. represent employees
of the Employer.
-3. No; question affecting commerce exists concerning the representa-
tion of employees of the' Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following,
reasons:
. On July 12, 1950, the Intervenor, Die and Tool Makers Lodge No.
113; International Association of Machinists, was- certified, following
,a consent election, as' the exclusive bargaining representative of the
employees involved herein 1 Subsequently, the Employer and the In-
tervenor entered into a collective bargaining contract effective from
August 7,1950, to July 1; 1951. On April 24,1951, the Intervenor re-
quested the E1ployer to meet with it for the purpose of modifying the
terms of that contract. The instant petition was filed on May .14,
1951, and the hearing was held: on June 27, 1951, and July 6, 1951.
At the hearing, and in` pits brief, the Intervenor moved to dismiss.
the petition .on the griund that' the petition and the hearing theieon
were untimely. This motion was referred to the Board. As the peti-
tion was filed about 2 months, before the end of the certification year
and the hearing was also conducted before the certification year ex-
pired, it is clear, for the reasons indicated in National Heat Treating
Conipany, 95 -NLRB No. 144, that the petition should be dismissed..
Accordingly, the Intervenor's motion to dismiss is hereby granted.
Order
. IT IS. HEREBY ORDERED that the instant petition be, and it hereby is,
dismissed.
I
'I Case'No. 13-RC-1328.
]3REEDING TRANSFER COMPANY and GENERAL DRIVERS, WAREHOUSEMEN
c^ HELPERS, LOCAL No. 21, AFFILIATED WITH I. B. T. C. W. & H. of
AMERICA, A. F. L., PETITIONER. Case No. 14-RC-1379. August
17,1951 ; .......
Decision and Direction of Election
Upona petition duly filed under Sectipn•9 (c) of the National Labor
Relations Act, a hearing was held=befor-eI William F. Trent; hearing
officer. , The hearing officer's rulings, made at the. hearing are free
from prejudicial error and are hereby affirmed.
95 NLRB No. 159.