Local 58

National Labor Relations Board - Board Decisions

Nov 26, 1954

110 N.L.R.B. 1052 (N.L.R.B. 1954)

1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
LOCAL 58, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL, AND ITS AGENT, HUGH DORIAN; DETROIT BUILDING TRADES
COUNCIL, AFL, AND ITS AGENT, ANDREW DE FELIPE and LOCAL 909,
INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS,
CIO. Cases Nos. 7-CC-22 and 7-CD-8. November t6, 1954
Decision and Order
After the usual proceedings on a complaint alleging that the Re-
spondents were violating Section 8 (b) (4) (A) and (D) of the
Act, the Respondents and the General Counsel on June 11, 1954, en-
tered into a stipulation settling the case , subject to the approval of
the National Labor Relations Board. The stipulation provided that
the Board might forthwith and without further proceedings or notice
enter an order requiring the Respondents to cease and desist from
-violating Section 8 (b) (4) (A) and (D) and to take certain affirma-
tive action, including the posting of notices at the premises of Taylor
Electric, Inc., as set forth below. Thereafter, the Charging Party
(Local 909, IUE-CIO) filed objections to the stipulation, on the
ground that a representation petition filed by one of the Respondents
(Local 58, IBEW-AFL) in Case No. 7-RC-2434 should also be or-
dered dismissed. Such dismissal was necessary in order to dissipate
the effect of the unfair labor practices, it was argued, because the
supporting showing of interest in that case was coerced and thus
invalid.
The Board has considered the Charging Party's objections, and
finds that the facts alleged do not in fact relate to the present unfair
labor practice case. Accordingly, the Board hereby approves the
stipulation.
Order
Upon the basis of the Respondents' stipulation and the entire rec-
ord as therein set forth, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National labor Relations Board hereby
orders that the Respondents, Local 58, International Brotherhood of
Electrical Workers, AFL, and Detroit Building Trades Council,
AFL, and their officers, representatives, agents, successors, and as-
signs, shall :
1. Cease and desist from engaging in or inducing or encouraging
the employees of Taylor Electric, Inc., or the employees of any other
employer to engage in a strike or other concerted refusal in the course
of their employment to use, manufacture, process, transport, or other-
wise handle or work on any goods, articles, materials, or commodities
or to perform services, where an object thereof is (1) to force any
110 NLRB No. 170.
LOCAL 58 1053
employer or other person to cease using, selling, handling, transport-
ing, or otherwise dealing in the products of Taylor Electric, Inc., or
the products of any other producer, processor, or manufacturer, or
to cease doing business with any other person; or (2) to force or re-
quire Taylor Electric, Inc., or any other employer to assign particular
work to employees in a particular labor organization rather than to
employees in another labor organization, unless such employer is fail-
ing to conform to an order or certification of the Board determining
the bargaining representative for employees performing such work.
2. Take the following affirmative action :
(a) Notify Taylor Electric, Inc., in writing, and furnish a true
copy thereof to the Regional Director of the Board for the Seventh
Region, that they will cease and desist from engaging in the activities
set forth immediately above in paragraph numbered 1 of this Order.
(b) Notify the said Regional Director in writing within twenty
(20) days from the receipt of this Order what steps they have taken
to comply herewith.
(c) Sign and forward to the Regional Director for the Seventh
Region copies of the notice attached hereto and marked "Appendix
A," for posting at the premises of Taylor Electric, Inc.
MEMBER MURDOCK took no part in the consideration of the above
Decision and Order.
Appendix A
NOTICE TO ALL EMPLOYEES OF TAYLOR ELECTRIC, INC.
Pursuant to a Decision and Order of the National Labor Relations
Board and in order to effectuate the policies of the National Labor
Relations Act, we hereby give notice that :
WE WILL NOT engage in or induce or encourage the employees
of Taylor Electric, Inc., or the employees of any other employer
to engage in a strike or other concerted refusal in the course of
their employment to use, manufacture, process, transport, or oth-
erwise handle or work on any goods, articles, materials, or com-
modities or to perform services, where an object thereof is (1)
to force any employer or other person to cease using, selling,
handling, transporting, or otherwise dealing in the products of
Taylor Electric, Inc., or the products of any other producer, proc-
essor, or manufacturer, or to cease doing business with any other
person; or (2) to force or require Taylor Electric, Inc., or any
other employer to assign particular work to employees in a par-
ticular labor organization rather than to employees in another
labor organization, unless such employer is failing to conform
1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to an order or certification of the Board determining the bargain-
ing representative for employees performing such work.
LOCAL 58, INTERNATIONAL BROTHERHOOD
of ELECTRICAL WORKERS, AFL,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
DETROIT BUILDING} TRADES COUNCIL, AFL,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
GENERAL ELECTRIC APPARATUS & SERVICE SHOP and INTERNATIONAL
UNION OF ELECTRICAL , RADIO AND MACHINE WORKERS , C. I. O. (IUE-
CIO), PETITIONER . Case No. 14-RC-2642. November 26,1954
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before John M.
Schobel, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. The Intervenor, the United Electrical, Radio and Machine Work-
ers, Local 819, herein called the UE, contends that the current con-
tract dated December 15, 1950, as amended in 1951,1952, and 1953, and
effective until April 15, 1955, is a'bar to this proceeding. The Peti-
tioner asserts that the contract is not a bar because of a schism within
the ranks of the contracting union.
From 1943 until 1949, Local 819, United Electrical Radio and
Machine Workers of America, C. I. 0., was the collective-bargaining
representative for the employees herein concerned. In November
1949, the United Electrical Workers was expelled from the CIO for
Communist domination. From 1949 to the present time, Local 819,
UE, has been the collective-bargaining representative. In the mean-
time, following a Board-directed election in 1950, in which the IUE-
CIO was on the ballot, the UE Local 819 was certified. On August
25, 1954, the executive board of Local 81.9, UE, voted to declare the
110 NLRB No. 171.