Arvey Corp.

National Labor Relations Board - Board Decisions

Feb 27, 1959

122 N.L.R.B. 1640 (N.L.R.B. 1959)

1640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. International Hod Carriers' and Common Laborers' Union, Local No. 16,
AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act.
2. By interfering with, restraining, and coercing its employees in the exercise of
the rights guaranteed by the Act, Respondent has engaged in and is engaging in
unfair labor practices within the meaning of Section 8(a)(1) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Arvey Corporation ( Transo Envelope Company Division) and
Printing Specialties and Paper Products Union , Local No. 388,
IPP & AU of NA, AFL-CIO, Petitioner . Case No. 21-RC-5451.
February 27, 1959
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's;
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursualit to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection
with this case to a three-member panel [Chairman Leedom and
Members Rodgers and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent employees of
the Employer!
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2(6) and (7) of the Act, for the following
reasons:
The Intervenor and the Employer raise their contract as a bar to
the petition. They dispute the Petitioner's contention that, under the
Board's contract-bar principles enunciated in the General Extrusion
case,2 their contract is removed as a bar by reason of changed cir-
cumstances within its term. The Employer, which operates plants
in Chicago, Illinois, and Jersey City, New Jersey, took steps in the
early part of 1958, to open the Glendale plant involved herein. On
'Display and Miscellaneous Industrial Workers Union, Local 145-B, affiliated with
Distillery, Rectifying and Wine Workers Union of America, intervened on the basis of
its contract covering the requested unit of the Employer's Glendale, California, plant
employees.
= General Extrusion Company, Inc ., General Bronze Alwintite Products Corp., 121
NLRB 1165.
122 NLRB No. 193.
ARVEY CORP. (TRANSO ENVELOPE COMPANY DIV.) 1641
the expectation that the Glendale plant would be manned by em-
ployees transferred from its Chicago operation, the Employer ex-
,ecuted a contract with the Intervenor on April 2, 1958, to cover the
classifications of production and maintenance employees anticipated
for the Glendale plant. At that time there were but two employees
at the plant engaged in rigging and warehousing operations. Plant
production operations were not begun until the end of April. On
June 10 the Employer and the Intervenor executed an amendatory
supplement to their contract. There were then eight employees in
six classifications. The petition herein was filed October 27. At
the time of the hearing, the Glendale operation had 26 employees in
'7 classifications. Although at the time of the execution of the
contract the Glendale plant did not have a representative and sub-
stantial complement of the employees within the unit requested by
the Petitioner, it is clear that, on June 10, when the amendment to
the contract was executed, the plant had more than 30 percent of the
work complement and more than 50 percent of the job classifications
in existence at the time of the hearing. In the circumstances, as
such amendment embraced the operations in existence at the time
of its execution, we find, under General Extrusion, that the amended
contract is a bar herein. Accordingly, we shall dismiss the petition.
[The Board dismissed the petition.]