United States Gypsum Co.

National Labor Relations Board - Board Decisions

Sep 8, 1952

100 N.L.R.B. 1100 (N.L.R.B. 1952)

1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Respondent has engaged in unfair labor practices within the meaning of
Section 8 (b) (4) (A) of the Act by inducing and encouraging employees of
customers of Capital and their suppliers, including Thriftimart, Boys Valley
Market No. 4, Valley Stores No. 1 and No. 2, Weber Baking Co., Folger's Coffee,
and Pellissier Dairy, to engage in concerted refusals in the course of their em-
ployment to use, transport , or otherwise handle or work on products or com-
modities , or to perform services , an object thereof being to force or require the
said customers of Capital to cease using, selling, or otherwise dealing in the
products of Capital or to cease doing business with Capital.
3. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
4. The Respondent has not engaged in conduct violative of Section 8 (b)
(1) (A) or (4) (B) of the Act.
[Recommendations omitted from publication in this volume.]
UNITED STATES Gypsum COMPANY and UNITED STEELWORKERS OF
AMERICA, CIO, PETITIONER . Case No. 8-RC-1545. September 8,
1952
Supplemental Decision and Certification of Representatives
Pursuant-to a Decision and Direction of Election, issued on May
5, 1952, an election was conducted in this proceeding on May 22, 1952,
under the direction and supervision of the Regional Director for the
Eighth Region among the employees in the unit heretofore found
appropriate. At the close of the election, a tally of ballots was fur-
nished each of the parties in accordance with the Board's Rules and
Regulations. The tally shows that, of approximately 215 eligible
voters, 126 cast valid ballots for the Petitioner, 24 cast valid ballots
against the Petitioner, and 47 ballots were challenged.
On May 29, 1952, the Employer filed timely objections to the conduct
of the election and to conduct affecting the results of the election,
alleging in substance that, during the investigation of the case, Local
No. 1090, an interested local of the Petitioner, was'not in compliance
with Section 9 (f), (g), and (h) of the Act and, for that reason, the
election was conducted without legal authority and should be set
aside and the petition for representation dismissed.
On August 1, 1952, the Regional Director issued and served upon
the parties his report on objections. The Regional Director found,
among other things, that on December 2, 1951, the International held
an organizational meeting for employees at the Employer's Warren,
Ohio, plant; that on December 15, 1951, all temporary officers of the
incipient local executed non-Communist affidavits in conformity with
100 NLRB No. 165.
UNITED STATES GYPSUM COMPANY 1101
-the provisions of Section 9 (h) of the Act, thereby indicating an intent
.and desire to comply with the Act; that since the local had no consti-
tution or bylaws, had collected no money and had, made no disburse-
ments, its compliance with Section 9 (f) of the Act would have been
an empty form; that on January 2, 1952, the International filed the
instant petition; that on January 25, 1952, Local No. 1090 was duly
.chartered; that thereafter, the Regional Office file was noted to show
Local No. 1090 to be in compliance, a hearing was held, and an elec-
tion conducted with only the International on the ballot; and that
Local No. 1090 is now in complete compliance with the filing require-
ments of Section 9 (f), (g), and (h) of the Act.
The Regional Director concluded that the Act itself does not require
,compliance by a labor organization which is subordinate to the peti-
tioning labor organization, but that such a requirement had only been
established by Board policy. Weighing all the equities in the case,
particularly the fact that Local No. 1090 was at all material times
in compliance with the filing requirements of the Act insofar as it
was possible to be so and is now in complete compliance, the Regional
Director concluded that the Employer's objections raised no material
or substantial issues and were without merit. He accordingly recom-
mended that the objections be overruled and that a certification issue
to the Petitioner, the International.
On August 11, 1952, the Employer filed exceptions in which it did
not dispute the Regional Director's factual findings, which are hereby
adopted, but reiterated its contention that the petition should be
dismissed because of the alleged lack of compliance of Local No.
1090.
We have reviewed the Employer's objections, the Regional Di-
rector's report, and the Employer's exceptions thereto, and are in
agreement with the Regional Director's conclusions and recommenda-
tions.
Because it appears from the tally of ballots that a majority of
eligible voters in the appropriate unit have designated the Petitioner
as their exclusive bargaining representative, we shall certify the Peti-
tioner as so designated.
Certification of Representatives
IT IS HEREBY CERTIFIED that United Steelworkers of America, CIO,
has been designated and selected by a majority of the employees of the
United States Gypsum Company, Warren, Ohio, in the appropriate
unit described in the Decision and Direction of Election herein, as
their representative for the purposes of collective bargaining and that,
pursuant to Section 9 (a) of the Act, the said organization is the
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exclusive representative of all such employees for the purposes of
collective bargaining, with respect to rates of pay, wages, hours of
employment, and other conditions of employment. .
MEMBERS HOUSTON and MuRDOCK took no part in the consideration
of the above Supplemental Decision and Certification of Representa-
tives.
AVONDALE MILLS and LOUISA CLINE . Case No.10-CA-1274 . Septem-
ber 10, 1952
Decision and Order
On April 3, 1952, Trial Examiner Lloyd Buchanan issued his Inter-
mediate Report in the above-entitled proceeding, finding that the Re-
spondent had engaged in and was engaging in certain unfair labor
practices, and recommending that it cease and desist therefrom and
take certain affirmative action as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondent and the
General Counsel filed exceptions to the Intermediate Report with
supporting briefs.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Chairman Herzog and Members Murdock and Peterson].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed.. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in
this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.
Order
Upon the entire record in the case and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent, Avondale Mills,
Pell City, Alabama, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Interrogating its employees concerning concerted activities.
(b) In any like or related manner interfering with, restraining,
or coercing its employees in the exercise of the right to self-organiza-
tion, to form labor organizations, to join or assist labor organizations,
to bargain collectively through representatives of their own choosing,
and to engage in other concerted activities for the purposes of collec-
100 NLRB No. 156.