Wagner Electric Corp.

National Labor Relations Board - Board Decisions

Sep 13, 1950

91 N.L.R.B. 220 (N.L.R.B. 1950)

In the Matter Of WAGNER ELECTRIC CORPORATION and INTERNATIONAL
UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, CIO, LOCAL
1104 (IUE) and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS
OF AMERICA, LOCAL No. 1104 (UE)
Cases Nos. 14-RC-905 and 14-RM-22:Decided September 13, 1950
DECISION AND ORDER
On February 27, 1950, the Employer, the International Union of
Electrical, Radio & Machine Workers, CIO, Local 1104, herein termed
the IUE, and the United Electrical, Radio and Machine Workers of
America, Local 1104, herein termed the UE, executed an agreement
for a consent election to be held February 27, 1950, among certain
employees of the Employer. On February 24, 1.950, Local Union No.
23, Technical Engineers, Architects and Draftsmen's Association,
AFL, herein termed the Association, filed a motion to intervene.
Thereafter, on March 13, 1950, the motion to intervene was denied
as untimely filed by the Regional Director for the Fourteenth Region,
and the action of the Regional Director was affirmed by the Board
on appeal on April 11, 1950. The UE. was subsequently certified as
representative of certain of the employees of the Employer. On
July 14, 1950, counsel for the Association filed a motion alleging that
the membership of the UE had disaffiliated from that organization
and was now affiliated with the Association and requesting that the
certification be amended by substituting the name of the Association
for that of the UE.' On August 7, 1950, counsel for the UE filed a
brief in opposition to the motion to amend.
In accordance with the provisions of Section 3 (b) of the National
Labor Relations Act, the Board has delegated its powers in connection
with this matter to a three-member panel [Members Houston, Rey-
nolds, and Murdock].
The allegations contained in the motion of the Association to the
effect that the membership of the UE local has disaffiliated from the
1 The Association 's request for oral argument is denied inasmuch as, in our opinion, the
briefs filed by the parties adequately express the Issues and positions of the parties. -
91 NLRB No. 47.
220
WAGNER ELECTRIC CORPORATION 221
UE and affiliated with the Association, in effect, constitute an attempt
to raise a question concerning representation. The Association re-
quests we resolve this alleged question concerning representation by
amending the certification. The Act and the Board's long-standing
policy, however, requires that such matters be determined through a
petition and secret ballot of the employees concerned.2 Moreover,
we do not believe that the fact that the Association is foreclosed, at
this time, from utilizing such procedure, because of the prohibition
in Section 9 (c) (3) of the Act of more than one election in a 12-month
period, sufficient justification for abandonment or evasion of that
procedure. Accordingly, we find the motion to amend the certifica-
tion without merit.
ORDER
IT IS HEREBY ORDERED that said motion to amend the certification in
this matter filed by Local 23, Technical Engineers, Architects and
Draftsmen's Association, AFL, be, and it hereby is, denied.
2 See Fourteenth Annual Report of the National Labor Relations Board, p. 26.