Nachman Corp.

National Labor Relations Board - Board Decisions

Jun 7, 1961

131 N.L.R.B. 1081 (N.L.R.B. 1961)

NACHMAN CORPORATION 1081
the Employer-Petitioner and other employer associations, on the status
of the Employer-Petitioner as a bargaining 'representative; the fact
that the contract unit is not coextensive with the unit sought in the
petition; and the disagreement among the parties over the appropri-
ateness of the unit of tapers requested by the Employer-Petitioner, Ave
find that there is no controlling history of multiemployer bargaining
by the Employer-Petitioner in a unit of tapers.10 We find, therefore,
that the Employer-Petitioner has failed to establish a bargaining his-
tory of the kind and extent required by the Board to find appropriate
the proposed Employer-Petitionerwide units of hangers and tapers,
separately or combined."
Further the record fails also to establish that the members of the
Employer-Petitioner have clearly manifested a desire to be part of a
multiemployer unit represented by the Employer-Petitioner.12 Thus
no evidence was presented to show that any members of the Employer-
Petitioner, other than Lamunyon, authorized the Employer-
Petitioner to bargain for the group, or that any of them jointly par-
ticipated in any bargaining sessions .13 And mere membership in an
employer association does not constitute authorization for it to bar-
gain collectively for its members.14
Accordingly, on the basis of the foregoing and the entire record,
we shall grant the Unions' motion to dismiss the petition."
[The Board dismissed the petition.]
10 Schaefers Prospect 'IGA Store, 124 NLRB 1433
11 American Publishing Corporation , et at , 121 NLRB 115, 121
12 American Publishing Corporation, supra
13 Pennsylvania Garment Manufacturers Association, Inc, 125 NLRB 185, 197.
34 Arden Farms , et at , 117 NLRB 318
15 Before, during , and after the hearing , the Unions made numerous motions to dismiss,
in addition to those adverted to above, on grounds of failure to join necessary parties,
inconsistencies, and ambiguities in the petition and amended petition , and others . In view
of 'our dismissal on unit grounds , we deem it unnecessary to pass upon these additional
grounds for dismissal , or upon the motion by Orange Belt District Council for enforce-
ment of a subpoena, duces tecum against Lamunyon . Counsel for the Unions claims in his
brief that this subpena was not complied with , but we are administratively advised that it
was In view of our dismissal, we find that even if there was a failure to comply, it
would not have been prejudicial to the Unions
Nachman Corporation and Eugene Olaque , Employee, Petitioner
and United Furniture Workers of America , Local 1010, AFL-
CIO. Case No. 21-RD-489. 'June 7, 1961
ORDER
On March 23, 1961, the Board issued an order which in effect denied
a request filed by Mattress, Spring & Bedding Workers, Local 691,
131 NLRB No. 126.
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
U.I.U., herein called the Upholsterers, to withdraw from the proceed-
ing and a motion filed by the Employer to vacate the Regional Di-
rector's order for a runoff election and to hold a new election. The
Board also denied by telegraphic order the Employer's request for
reconsideration of its motion to vacate and the request of United
Furniture Workers of America, herein called the Furniture Workers,
to postpone the election. The runoff election was conducted; as sched-
uled, on March 23, 1961, under the direction and supervision of the
Regional Director. After the election, the parties were furnished a
tally of ballots which showed that of approximately 39 eligible voters,
20 cast valid ballots for the Upholsterers and 17 for the incumbent,
United Furniture Workers of America, Local 1010, AFL-CIO, here-
in called Local 1010. There were no challenged or void ballots. How-
ever, timely objections were filed by the Employer, the Upholsterers,
Local 1010, and the Furniture Workers.
Thereafter, on April 25, 1961, the Regional Director issued and
served upon the parties his report on objections. In his report, the
Regional Director found that, essentially, the objections are not di-
rected at the election or the conduct thereof, but rather are in effect
motions for reconsideration of matters previously passed upon by the
Board. Insofar as they are objections to conduct of the election or
conduct affecting the results of the election, he recommended that they
be overruled, but as objections involving reconsideration of prior
motions and the Board's related orders, he made no recommendations
but referred them to the Board for any consideration it might wish
to give. The objecting parties filed joint exceptions to the report in
which they urged the Board to vacate the election and order a new one
without the Upholsterers on the ballot.
Having duly considered the Regional Director's report, the joint
exceptions, and the entire record in the case, especially the fact that
the Upholsterers does not desire at the present time, and has not
desired at any time since its request for permission to withdraw from
the proceeding, to represent the employees involved, the Board 1 has
decided to set aside the results of the runoff election, to order a new
decertification election, and to grant the Upholsterers request to with-
draw from the proceeding. Accordingly,
IT IS HEREBY ORDERED that the request of Mattress, Spring & Bedding
Workers, Local 691, U.I.U., to withdraw from the proceeding be, and
it hereby is, granted; and
IT IS FURTHER ORDERED that the runoff election held herein on-
March 23, 1961, be, and it hereby is, set aside.
[Text of Direction of Election omitted from publication.]
'Members Rodgers and Leedom would overrule the exceptions and certify the
Upholsterers