American Standard TV Tube Corp.

National Labor Relations Board - Board Decisions

Sep 17, 1953

106 N.L.R.B. 1133 (N.L.R.B. 1953)

AMERICAN STANDARD TV TUBE CORP. 1133
However , as it appears that neither the Unions jointly nor
any labor organization seeks recognition as bargaining repre-
sentative within the unit found appropriate herein, we find that
no question concerning representation exists.8 For this
reason the Unions ' motion to dismiss the petition is granted.
[The Board dismissed the petition.]
Member Murdock took no part in the consideration of the
above Decision and Order.
8York Motor Express Company , 82 NLRB 801; Wm . Wolf Bakery . Inc., 97 NLRB 122.
AMERICAN STANDARD TV TUBE CORP. and LOCAL 1227,
UNITED ELECTRICAL , RADIO AND MACHINE WORKERS
OF AMERICA , Petitioner . Case No. 2-RC-5961 . September
17, 1953
SUPPLEMENTAL DECISION
On August 18, 1953, the Board issued a Decision and Direc-
tion of Election herein ,' directing that Intervenor Local 105,
Playthings , Jewelry and Novelty Workers International Union,
CIO, be placed on the ballot in the election to be conducted.
Thereafter , Intervenor Local 105 and Intervenor Playthings,
Jewelry and Novelty Workers International Union , CIO, its
international , filed a motion to substitute the name of the
Intervenor International for that of Intervenor Local 105 on
the ballot . Thereafter, the Petitioner filed a letter objecting
to and opposing the Intervenors ' motion, on the grounds
that: ( 1) The Intervenor International has not subrriitted any
evidence of interest , and there has been no showing that the
evidence of interest submitted by Intervenor Local 105 was
intended to apply to the Intervenor International ; and (2) In-
tervenor Local 105 is a noncomplying union, and the proposed
substitution of the Intervenor International in its stead on the
ballot is an attempt to circumvent the filing requirements of
the Act.
At the hearing in this case , Intervenor Local 105 moved to
intervene, and was granted intervention , on the basis of its
contract with the Employer . The Intervenor International
separately moved to intervene , and was granted intervention,
on the basis of authorization cards submitted by it. Thus,
the Intervenor International has submitted proper evidence
of interest for a place on the ballot. However , Intervenor
Local 105 is not now in compliance with the filing require-
ments of the Act.
'Not reported in printed volumes of Board Decisions.
106 NLRB No. 184.
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly , we grant the motion of the Intervenor to
substitute the name of Playthings, Jewelry and Novelty Workers
International Union, CIO, for that of Local 105, Playthings,
Jewelry and Novelty Workers International Union, CIO, on
the ballot in the election to be conducted herein , provided that
Local 105 is in full compliance with the filing requirements
of Section 9 (f), (g), and (h) of the Act' at the time of the
election.
2 The Leland Electric Company, 89 NLRB 497; Monsanto Chemical Company, 89 NLRB 923.
DENVER AND EPHRATA TELEPHONE AND TELEGRAPH
COMPANY and INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL, Petitioner. Case No. 4-RC-
1988 . September 17, 1953
DECISION AND ORDER DIRECTING HEARING
Pursuant to a stipulation for certification upon consent
election, executed on May 28, 1953, and approved by the
Regional Director for the Fourth Region on June 1, 1953,
an election by secret ballot was conducted on June 18, 1953,
under the direction and supervison of the Regional Director.
At the conclusion of the election a tally of ballots was fur-
nished the parties and on June 26, 1953 , the Regional Director
issued a corrected tally of ballots . The corrected tally shows
that of 81 votes cast in the election , 40 were for the Petitioner
(including a disputed ballot hereinafter discussed ), 40 were
against the Petitioner , and 1 vote was challenged.
The Employer filed timely objections to the counting of one
disputed ballot and to the disposition of the challenged ballot.
The Regional Director , in accordance with Section 5 of the
stipulation and the Board ' s Rules and Regulations , investi-
gated the Employer ' s objections and on August 7, 1953,
issued and served upon the parties his report on objections
and challenged ballot. The Regional Director recommended
that the Employer's objections be overruled and that a hearing
be held with respect to the challenged ballot. The Employer
filed exceptions to the report and a supporting brief.
The Board has considered the objections, the Regional
Director ' s report, the Employer's exceptions and brief, and
the entire record in this case, and hereby finds as follows:'
1. The Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
2. The labor organization involved claims to represent
certain employees of the Employer.
1 The Employer 's request for oral argument before the Board is hereby denied, as the
record, including the exceptions and brief , adequately presents the issues and the positions
of the parties.
106 NLRB No. 182.