75 N.L.R.B. 607 (N.L.R.B. 1947)

Lehrolite, Inc.

National Labor Relations Board - Board DecisionsDec 18, 1947

75 N.L.R.B. 607 (N.L.R.B. 1947)

In the -latter of LEIIROLITE, INC., EMPLOYER and INTERNATIONAL. BROTHERHOOD OF ELECTRICAL WORKERS, A. F. L., PETITIONER Case No.1-R--3768.Decided December 18,1947 Mr. Charles Lehrman, of Wallingford, Conn., for the Employer- Mr. Richard N. Rogers, of Boston, Mass., for the Petitioner. DECISION AND ORDER Upon a petition duly filed, hearing in this case was held at Walling= ford, Connecticut, on July 9, 1947, before Robert E. Greene, hearing; officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations 3 Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Lehrolite, Inc., a New York corporation whose only plant is located in Wallingford, Connecticut, is engaged in the manufacture of"fluores- cent and incandescent lighting fixtures. The Employer annually pur- chases more than $200,000 worth of raw materials, of which approxi- mately 60 percent is obtained from sources outside the State of Con- necticut. It annually manufactures more than $300,000' worth of salable products, of which 90 percent is shipped to out-of-State desti- nations. The Employer admits and we find that it is engaged in commerce, within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The-Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer.. 75 N. L R. B., No. 68. 607 608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On January 31, 1947, the Board conducted a consent election among the Employer's employees. Appearing on the ballot were the United Electrical, Radio and Machine Workers of America, C. I. 0., herein called the UE, and the Petitioner herein. The UE ,won the election, and on March 9, 1947, it was certified by the Board as the exclusive bargaining representative of the Employer's em- ployees. On May 1, 1947, about 5 months after the afore-mentioned election, the Petitioner filed its petition in this case seeking an elec- tion in the same unit. Section 9 (c) (3) of the Act, as amended, precludes the Board from conducting an election "in any bargaining unit or any sub- division within which, in the preceding 12-month period, a valid election shall have been held." Inasmuch as less than a year has elapsed since the Board held an election among the Employer's em- ployees, we find the petition herein to have been unseasonably filed. We shall, therefore, dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of Lehrolite, Inc., Wal- lingford,, Connecticut, filed herein by the International Brother- hood of Electrical Workers, A. F. L., be, and it hereby is, dismissed.