General Electric Co.

National Labor Relations Board - Board Decisions

Mar 17, 1953

103 N.L.R.B. 752 (N.L.R.B. 1953)

752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioner and the Teamsters contend that an immediate elec-
tion should be directed because most of the Employer's shed employees
are local residents. The Employer contends that any election which
may be directed should be timed so as to coincide with the maximum
employment in July or August.
Because the seasonal employment peak for the Employer's shed
has passed, we shall not direct an election be held at this time. Fol-
lowing our customary practice in seasonal industries, we shall direct
that an election be held at or about the time of the employment peak
of the next packing season, on a date to be determined by the Regional
Director, among the employees in the appropriate unit who are em-
ployed during the payroll period immediately preceding the date of
issuance of the notice of election.5
[Text of Direction of Election omitted from publication in this
volume.]
0 Truck Equipment Company of Atlanta, 93 NLRB 825.
GENERAL ELECTRIC COMPANY (NILES GLASS WORKS , LAMP DlvisloN )'
and INTERNATIONAL UNION OF ELECTRICAL , RADIO & MACHINE WORK-
ERS, CIO . Case No. 8-RC-1533. March 17,1953
Second Supplemental Decision and Certification of
Representatives
Pursuant to a Supplemental Decision, Order, and Direction of
Elections,' issued on September 30, 1952, an election was conducted on
October 14, 1952, under the direction and supervision of the Regional
Director for the Eighth Region, among the employees in the unit
found appropriate in Case No. 8-RC-1533. At the conclusion of the
election, the parties were furnished with a tally of ballots which
shows that of approximately 278 eligible voters, 102 valid ballots were
cast for the Petitioner, 160 valid ballots were cast for the Intervenor,
United Electrical Radio & Machine Workers of America (UE), and
its Local No. 751, and 4 ballots were cast against participating labor
organizations.
Thereafter, on October 19, 1952, the Petitioner filed timely objec-
tions to the conduct of the election and to conduct affecting the results
of the election, alleging that on or about September 12, 1952, the Em-
ployer and Intervenor executed a contract which provided for wage
increases and other benefits at a time when a matter involving a ques-
1 General Electric Company , 100 NLRB 1318 ( consolidated Cases Nos. 8-RC-1524,
8-RC-1533).
103 NLRB No. 82.
GENERAL ELECTRIC COMPANY 753
tion concerning representation of the employees herein was pending
before the Board and by said execution gave illegal assistance to the
Intervenor and interfered with the free choice of the employees to
select their bargaining representative.
On November 25, 1952, the Regional Director issued and served upon
the parties his report on objections. He pointed out that the Septem-
ber 12 contract was executed after the Board had dismissed the peti-
tions in Cases Nos. 8-RC-1524 and 8-RC-1533 pursuant to its Decision
and Order of May 16,1952; that the execution was prior to the Board's
Supplemental Decision, Order, and Direction of Elections of Septem-
ber 30 herein; and that, therefore, at the time of the execution of the
contract the Board had fully disposed of Cases Nos. 8-RC-1524 and
8-RC-1533 and only a motion for reconsideration of its May 16 deci-
sion was pending. The Regional Director recommended that the
Petitioner's objections be overruled because the Petitioner had full
knowledge of the existence and contents of the September 12 contract
for some time before the election and had even distributed literature
to the employees concerning its contents; and, having elected to pro-
ceed with the election with full knowledge of the existence of the con-
tract and wage increases, the Petitioner thereby waived its right to
later urge these as grounds for objections to the election after its
conclusion.
The Petitioner filed timely exceptions to the report on objections
contending that it did not learn that the September 12 contract was
applicable to the Niles plant until October 15, 1952, and at no time did
it ever willingly or knowingly waive its right to urge application of
the contract to the Niles plant as a ground for objecting to the election.
Although it was Board policy at the time the Regional Director
issued his report to find a waiver under circumstances such as those
outlined by him, in view of our recent decision in the Great Atlantic &
Pacific Tea Company case 2 changing this policy, we do not find a
waiver by the Petitioner here because the alleged interference occurred
after the date of issuance by the Regional Director of a notice of hear-
ing. However, we disagree with the Petitioner's position that the
Midwest Piping doctrine s is applicable to a situation such as this where
at the time of execution of the new contract the Board had disposed
fully of all issues in the case and the only matter pending was a motion
for reconsideration of the Board's decision dismissing the petition.
Accordingly, we shall dismiss the Petitioner's objections and its excep-
tions. As the Intervenor has secured a majority of the votes cast, we
shall certify it as the bargaining representative of the employees in
the appropriate unit.
2 101 NLRB 1118.
8 Midwest Piping and Supply Co., Inc., 63 NLRB 1060.
754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Certification of Representatives
IT IS HEREBY CERTIFIED that United Electrical Radio & Machine
Workers of America (UE) and its Local No. 751 has been designated
and selected by a majority of the employees of the General Electric
Company at its Niles Glass Works, Lamp Division, Niles, Ohio, in the
unit heretofore found by the Board to be appropriate in Case No..
8-RC-1533 as their representative for the purpose of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, as amended,,
the said organization is the exclusive representative of all the em-
ployees in such unit for the purpose of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.
CHAIRMAN HERZOG took no part in the consideration of the above
Second Supplemental Decision and Certification of Representatives-
TERRY COACH MANUFACTURING, INC. AND AFFILIATES and WOoDwoRK
-ERSLOCAL UNION No. 530, UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL, PETITIONER . Case No. 21-RC-2743_
March 17, 1953
Decision and Certification of Results of Election
Pursuant to a stipulation for certification upon, consent election, an
election by secret ballot was conducted on September 30, 1952, under
the direction and supervision of the Regional Director for the Twenty-
first Region, among the employees in the stipulated unit. There-
after, a tally of ballots was furnished the parties, showing that of
approximately 64 eligible voters, 63 cast valid ballots, of which 19
were for the Petitioner and 45 were against. On October 3, 1952, the
Petitioner filed objections to conduct affecting the results of the
election.
In accordance with the Board's Rules and Regulations, the Regional
Director conducted an investigation of the matter raised by the Peti-
tioner's objections and, on October 31, 1952, issued and duly served
upon the parties his report on objections, in which he found that the
objections raised substantial and material issues with respect to con-
duct affecting the results of the election, and recommended that the
Board set the election aside and direct that another election be held.
Thereafter, on November 7, 1952, the Employer filed exceptions to the
report on objections.
103 NLRB No. 81.