Tube Turns, Inc.

National Labor Relations Board - Board Decisions

Nov 21, 1952

101 N.L.R.B. 528 (N.L.R.B. 1952)

528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
given on January 11, 1952, and that neither this terminated agree-
ment nor the stipulation of agreement dated March 15, 1952, bars
the instant petition.? The Board finds that a question affecting com-
merce exists concerning the representation of employees of the Em-
ployer within the meaning of Section 9 (c) (1) and Section 2 (6)
and (7) of the Act.
4. We find that all production and maintenance employees of the
Employer's Wilkes-Barre, Pennsylvania, textile plant, including the
receiving clerk but excluding office employees, guards, executives,
and all supervisors as defined in the amended Act, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
7 See Amco Tank and Welding Works, Inc., 85 NLRB 861; Joseph E. Knox & Co., 86
NLRB 1257 ; Dictaphone Corporation , 78 NLRB 866. We do not consider the facts of
these cases distinguishable from those of the instant case as urged by the Intervenor in
its brief.
TUBE TURNS, INC. and LoUIsvILLE DIE SINKERS' LODGE #430, INTER-
NATIONAL DIE SINKERS' CONFERENCE, PETITIONER. Case No.
9-RC-1658. November 21, 1952
Order Setting Aside Election and Directing Second Election
On October 16, 1952, the Intervenor moved to set aside the election
conducted on October 3, 1952, on the ground that the Petitioner was
not in. compliance on that date. The Petitioner is an affiliate or a
constituent unit of International Die Sinkers' Conference, whose com-
pliance with Section 9 (h) had lapsed on September 24, 1952, and
was not renewed until October 6, 1952.
As the election was a crucial part of the investigation of the ques-
tion affecting commerce concerning the representation of employees,
raised by the Petitioner under Section 9 (c), the Board finds that
temporary noncompliance with Section 9 (h) invalidates it. Accord-
ingly, the election is hereby set aside. However, Section 9 (h) does
not require dismissal of the petition because of this lapse of compli-
ance. The Board therefore directs the Regional Director to conduct
another election not later than 30 days from the date of this Order,
under the same terms and conditions as were provided in the Board's
original Decision and Direction of Election issued September 9, 1952.
Dated, Washington, D. C., November 21, 1952.
By direction of the Board :
OGDEN W. FIELDS,
Executive Secretary.
101 NLRB No. 140.