General Electric Co.

National Labor Relations Board - Board Decisions

Sep 30, 1952

100 N.L.R.B. 1318 (N.L.R.B. 1952)

1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
poses of collective bargaining within the meaning of Section 9 (b)
of the Act :
All employees of the Employer at its Detroit Apparatus Depart-
ment Service Shop, 5950 Third Avenue, Detroit, Michigan, excluding
all office and clerical employees, salesmen, service engineers, profes-
sional employees, guards, and supervisors as defined in the Act.
Order
IT IS HEREBY ORDERED that the Order of the Board dated May 16,
1952, in this matter be, and it hereby is, vacated and set aside.
[Text of Direction of Election omitted from publication in this
volume.]
MEMBERS MURDOCK and PE ERSON took no part in the consideration
of the above Supplemental Decision, Order, and Direction of Election.
GENERAL ELECTRIC COMPANY (TIFFIN PLANT OF THE FRACTIONAL
HORSEPOWER MOTOR DEPARTMENT) and INTERNATIONAL UNION OF
ELECTRICAL, RADIO & MACHINE WORKERS, CIO, PETITIONER
GENERAL ELECTRIC COMPANY ( NILEs GLASS WORKS, LAMP DIVISION)
and INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE
WORKERS, CIO, PETITIONER. Cases Nos. 8-RC-1524 and 8-RC-
1533. September 30, 1952
Supplemental Decision , Order, and Direction of Elections
On May 16,1952, the Board issued a Decision and Order 1 dismissing
the petitions in the above-entitled cases upon the ground that the na-
tional agreement of the Intervenor 2 with the Employer, applicable to.
the plants involved, was a bar to elections in these cases. We there
held that the agreement was not rendered ineffective as a bar because
it contained a recognition and termination clause which allegedly pro-
vided for termination upon certification of another representative, as
the language of the clauses was not clear and unmistakable and there-
fore did not justify a construction of them as a waiver by the parties
of the Board's contract bar doctrine.
Thereafter, on August 1, 1952, the Petitioner filed a motion for-
reconsideration of the Board's decision, copies of which were served
i 99 NLRB 155.
2United Electrical, Radio & Machine Workers of America (UE), and its Locals Nos._
732 and 751.
100 NLRB No. 215.
0
GENERAL ELECTRIC COMPANY (TIFFIN PLANT) 1319
upon the Employer and the Intervenor. On August 8, 1952, a re-
sponse was received by the Board from the Intervenor entitled "Oppo-
sition by UE to IUE Motion for Reconsideration."
Upon reconsideration, for the reasons set forth in paragraph num-
bered 3, below, the Board is now of the opinion that the national
agreement is not a bar to this proceeding. Accordingly, we shall va-
cate the Order of May 16, 1952, dismissing the petition.
Upon the entire record in this case, the Board finds :
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. The national agreement of the Intervenor with the Employer
provides that it shall continue in full force and effect until September
15, 1952, and from year to year thereafter, unless not later than 90
days prior to such date either party notifies the other of its intention
to terminate the agreement. Thus, the Mill B date of the contract was
June 17, 1952. In its motion for reconsideration the Petitioner now
contends, inter alia, that the petitions should not have been dismissed
because (1) the dismissal order issued about 30 days from the Mill B
.date of the contract and (2) that the short period of time (less than a
month) between receipt of the dismissal order and the Mill B date
made it impossible for the Petitioner to obtain fresh evidence of repre-
sentative interest and effectively to refile its petitions for the units
involved, which comprise comparatively large numbers of employees
in widely separated areas.
The over-all equities in this case, particularly the fact that the neces-
sary delay in issuing the original decision contributed to the Peti-
tioner's inability to refile timely new petitions and that the actual
dismissal of the petitions herein occurred only about 30 days from the
the Mill B date of the contract, convince us that our original dismissal
order does not effectuate the policies of the Act.3 Accordingly, we
find that the national agreement does not constitute a bar, and that a
question affecting commerce exists concerning the representation of
employees of the Employer, within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. In accordance with the stipulation of the parties, we find that
the following groups of employees constitute units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
(1) All lamp division production and maintenance employees of
the Employer in the Niles Glass Works plant, 403 North Main Street,
8 See Dictaphone Corporation, 90 NLRB 962 ; Florida Citrus Canners Cooperative, Inc.,
96 NLRB 1021 ; Portsmouth Clay Refractories Co, 97 NLRB 1144; Rockwell Register
Corporation, 98 NLRB No. 183.
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Niles, Ohio, including cafeteria workers , but excluding office em-
ployees , professional employees , guards, and supervisors as defined in
the Act.
(2) All production employees of the Employer at its Tiffin plant of
the Fractional Horsepower Motor Department, Wall Street , Tiffin,.
Ohio, including helpers, sweepers , oilers , and stockkeepers in the pro-
duction department , but excluding all employees in the maintenance
department and the tool and die room , all die setters , all office and
clerical employees, all test engineers , all guards, professional em-
ployees, and supervisors as defined in the Act.
Order
IT IS HEREBY ORDERED that the Order of the Board dated May 16,
1952, in this matter be, and it hereby is, vacated and set aside.
[Text of Direction of Elections omitted from publication in this
volume.]
MEMBERS MURDOCK and PETERSON took no part in the consideration
of the above Supplemental Decision, Order, and Direction of
Elections.
QUALITY PRINT and LOCAL #35, UNITED PAPERWORKERS OF AMERICA,
CIO , PETITIONER . Case No. 4-RC-1580. September 30, 1952
Supplemental Decision and Certification of Representatives
On July 25, 1952, pursuant to a Decision and Direction of Election
issued by the Board herein on July 9, 1952,1. an election by secret ballot
was conducted under the direction and supervision of the Regional
Director for the Fourth Region. At the conclusion of the election, a
tally of ballots was furnished the parties by the Regional Director.
The tally shows that there were approximately 9 eligible voters and
that 8 votes were cast, of which 4 were for the Petitioner, 3 were
against the Petitioner, and 1 waschallenged.
As the challenged ballot could affect the results of the election, the
Regional Director, in accordance with the Board's Rules and Regula-
tions, conducted an investigation, and thereafter, on July 30, 1952,
issued and served upon the parties his report on challenged ballot,
finding that Michael Beattie was a temporary employee and recom-
mending that the challenge to his ballot be sustained. On August 11,
1952, the Employer filed exceptions to the Regional Director's report.
The Regional Director's investigation disclosed that Beattie was
hired June 16, 1952, under a limited certificate, known as a "vacation
i Not reported in printed volumes of Board decisions.
100 NLRB . No. 208.