Central Rufina

National Labor Relations Board - Board Decisions

Jun 16, 1953

105 N.L.R.B. 591 (N.L.R.B. 1953)

CENTRAL RUFINA 591
MARIO MERCADO E HIJOS d /b/a CENTRAL RUFINA and
UNION DE TRABAJADORES DE FACTORIA DE LA
INDUSTRIA AZUCARERA, LOCAL 1805, ILA-AFL, Peti-
tioner . Case No . 24-RC-527. June 16, 1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before George L.
Weasler, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. No question affecting commerce exists concerning the
representation 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:
On March 22, 1951, Confederacion General de Trabajadores
de Puerto Rico, 001, herein calledthe Intervenor, was certified
as the collective - bargaining representative of the Employer's
production and maintenance employees and railway and main-
tenance-of-ways personnel.' Thereafter, the Employer nego-
tiated a collective -bargaining agreement with the Intervenor
and its affiliate , Union de Trabajadores de Factoria de la
Industria Azucarera Local #35, herein called Local #35. This
agreement, which was executed on January 20, 1952, by both
the Intervenor and Local #35, was to run until December 31,
1952 , and thereafter for annual periods absent 90 days' notice
to modify or terminate. The Employer and the Intervenor
contend that, as neither party gave timely notice to modify or
terminate this agreement, it was automatically renewed and
constitutes a bar to a present determination of representatives.
The Petitioner asserts, however, that the contract is not a bar
because a schism has occurred in Local #35, creating a doubt
as to the identity of the representative of these employees.
On July 6, 1952, the officers of Local #35 scheduled a meeting
for the purpose of determining whether or not to disaffiliate
from the Intervenor and affiliate with the International
Longshoremen's Association, AFL, herein called the ILA. At
the meeting, which was attended by approximately 250 out of
the Local #35 total membership of 300, resolutions were
adopted to disaffiliate from the Intervenor and affiliate with
the ILA. The new organization was designated as Local 1805,
the Petitioner herein, the officers of Local #35 succeeded to
similar positions in the Petitioner , and most of the members
of Local #35 joined the Petitioner. Thereafter, the Petitioner
sought to bargain with the Employer for a new contract. In the
latter part of January 1953, however, the Employer refused to
124-RC-135.
105 NLRB No. 81.
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
discuss a new agreement with the Petitioner on the ground that
its contract with the Intervenor and Local #35 had been auto-
matically renewed . On February 6, 1953, the Petitioner filed
the instant petition.
The Intervenor is the certified bargaining representative of
the employees covered by the current contract with the
Employer. Furthermore , it participated in the negotiation and
the execution of the contract with the Employer and is ready
and willing to carry out the terms thereof . Under these cir-
cumstances , we find, as contended by the Intervenor and the
Employer , that the contract is a bar . Accordingly , we shall
dismiss the instant petition.
[The Board dismissed the petition.]
Chairman Herzog took no part in the consideration of the
above Decision and Order.
HYTRON RADIO & ELECTRONICS CO. (A DIVISION OF
COLUMBIA BROADCASTING SYSTEM, INC.) and INTER-
NATIONAL UNION OF ELECTRICAL, RADIO & MACHINE
WORKERS, CIO, Petitioner
HYTRON RADIO & ELECTRONICS CO. (A DIVISION OF
COLUMBIA BROADCASTING SYSTEM , INC.) and INTER-
NATIONAL UNION OF ELECTRICAL, RADIO & MACHINE
WORKERS, CIO, Petitioner . Cases Nos. 1 -RC-3156 and
1-RC-3188. June 16, 1953
DECISION AND ORDER
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held
before Joseph Lepie, hearing officer . The hearing officer's
rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with these cases
to a three-member panel [Members Houston, Styles, and
Peterson].
Upon the entire record in these cases, the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organizations involved claim to represent
employees of the Employer.'
1 The Petitioner in both cases will herein be called the IUE. In Case No. 1-RC-3156,
the Hytron Employees Union of Massachusetts , herein called the Independent, intervened.
In Case No. 1-RC- 3188, the Independent and United Electrical, Radio & Machine Workers
of America ( UE), herein called the UE, intervened.
105 NLRB No. 79.