International Fur & Leather Workers Union

National Labor Relations Board - Board DecisionsOct 15, 1953

106 N.L.R.B. 1265 (N.L.R.B. 1953)

LOCAL 214, INTERNATIONAL FUR & LEATHER WORKERS UNION 1265 the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] COMPLIANCE STATUS of LOCAL 214, INTERNATIONAL FUR & LEATHER WORKERS UNION THE AM-O-KROME COMPANY and CONGRESS OF INDUS- TRIAL ORGANIZATIONS, Petitioner and LOCAL 214, IN- TERNATIONAL FUR & LEATHER WORKERS UNION THE AM-O-KROME COMPANY, Petitioner and CONGRESS OF INDUSTRIAL ORGANIZATIONS and LOCAL 214, INTER- NATIONAL FUR & LEATHER WORKERS UNION. Cases Nos. 9-RC-949 and 9-RM-64. October 15, 1953 ORDER On August 25, 1953, the Board issued a notice to show cause in the above-entitled proceeding why the Board should not treat the non-Communist affidavit filed by Tevis B r u c e Schooler on August 21, 1950, as false, andan abuse of the proc- esses of the Board, and accordingly, (1) find that Local 214, International Fur & Leather Workers Union, was not in com- pliance with Section 9 (h) of the Act at the time of the certifi- cation which issued in this case on January 31, 1951, and (2) declare the said certification tobe of no further force or effect. Upon request of Local 214, an extension of time in which to answer was granted to all parties. On September 18, 1953, counsel for Local 214, International Fur & Leather Workers Union, filed a response and memorandum in opposition, and re- quested oral argument thereon. The Employer did not reply. The Board having duly considered the response and memoran- dum in opposition to the notice to show cause, decided that suf- ficient cause has not been shown why the Board should not find that Local 214, International Fur & Leather Workers Union, was not in compliance with Section 9 (h) at the time of the certification issued- in this case on January 31, 1951, and de- clare the said certification to be of no further force or effect. WHEREFORE the Board has determined that the compliance letter, dated August 28, 1950, sent to Local 214, International Fur & Leather Workers Union, should be, and it hereby is, revoked. The Board having found that Local 214, International Fur & Leather Workers Union, was therefore not in compliance with Section 9 (h) on January 31, 1951, concludes that, in the interest of protecting its own processds fromfurther abuse, its certification of January 31, 1951, should be considered of no further force and effect. NOW THEREFORE said certification is adjudged and declared to be of no further force and effect, and 106 NLRB No. 223. 1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY ORDERED that the request for oral argument be, and it hereby is, denied. By direction of the Board: Ogden W. Fields, Associate Executive Secretary. WEATHERHEAD COMPANY OF ANTWERP and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, Petitioner. Case No. 8-RC-1581. October 16, 1953 DECISION AND ORDER Pursuant to an agreement of the Employer, Petitioner, and Intervenor , 1 a consent election was held on April 10, 1952, among the production and maintenance employees at the Em- ployer's plant. Thereafter , on April 17 , 1952, the Intervenor, having received a majority of the valid votes cast in the election, 2 was certified as the representative of the above employees. On February 21, 1953, the Intervenor signed a contract with the Employer, expiring September 21, 1955 . On August 21, 1953, the Petitioner filed a motion with the Board alleging that the Intervenor had changed its name and had affiliated with the Petitioner , and requesting that the certification be amended by substituting the name of the Petitioner and its affiliated Local 1269 for that of the Intervenor . Subsequently , on September 1, 1953, there was issued an order to show cause why the certi- fication should not be amended as requested . On September 10, 1953, the Employer and Intervenor filed separate briefs in opposition to the motion to amend. The Petitioner alleges in its motion that a majority of the members of the Intervenor who attended a duly called meeting on July 11 , 1953, voted 93 to 28 at such meeting to seek affili- ation with the Petitioner and to dire,-t the officers of the In- tervenor to request a charter from the Petitioner and to petition the Board to substitute the Petitioner as the bargaining repre- sentative in the certification previously is sued to the Intervenor. The Petitioner further alleges that on August 8, 1953, at another meeting, the members of the Intervenor voted 125 to 79 to change its name to International Union, United Automobile, Air- craft and Agricultural Implement Workers of America, UAW- CIO, that upon issuance of a charter the local number be added, and that Petitioner ' s constitution and bylaws be substituted for those of the Intervenor . The Petitioner also states that the Em- 'At the time of the filing of the petition for certification of representatives , the Weather- head Employees Association was permitted to intervene. 2 Petitioner received 59 votes; Intervenor , 219; and no union 2. 106 NLRB No. 221.