Keener Rubber, Inc.

National Labor Relations Board - Board Decisions

Sep 17, 1962

138 N.L.R.B. 613 (N.L.R.B. 1962)

KEENER RUBBER, INC. 613
All our employees are free to become or remain , or to refrain from becoming or
remaining , members of the above-named Union , or any other labor organization.
BUD'S COOLING CORPORATION,
Employer.
Dated------------------- By-------------------------------------------(Representative ) ( Title)
BUD ANTLE, INC.,
Employer.
Dated------------------- By-------------------------------------------(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof , and must not be
altered, defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 830
Market Street , San Francisco 2, California , Telephone Number , Yukon 6-3500,
Extension 3193, if they have any question concerning this notice or compliance with
its provisions.
Keener Rubber, Inc . and Lodge 2222, International Association
of Machinists, AFL-CIO. Case No. 8-CA-2748. September 17,
1962
DECISION AND ORDER
On June 25, 1962, Trial Examiner A. Norman Somers issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the attached Inter-
mediitte Report. Thereafter, the Respondent filed exceptions to the
Intermediate Report and a supporting brief.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Leedom, Fanning, and Brown].
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the Respondent's exceptions and brief, and the entire
record in this case, and hereby adopts the findings, conclusions, and
recommendations of the Trial Examiner.
ORDER
The Board adopts the Recommended Order of the Trial Examiner.
INTERMEDIATE REPORT AND RECOMMENDED ORDER I
STATEMENT AND FINDINGS
On March 8, 1962, the Board , in Case No. 8-RC-4276, on the basis of the results
of a consent election duly conducted on May 26, 1961, certified the Charging Party,
which was the petutoner in said proceeding , as the exclusive bargaining representa-
1 Procedural chronology ' charge filed March 16, 1962 ; complaint Issued May 2, 1962 ;
and hearing thereon held in Alliance , Ohio, on Tune 13, 1962
138 NLRB No. 77.
614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive of the employees in the unit described in the Recommended Order below. In
that proceeding, the Board ruled adversely to Respondent's position on a challenged
ballot, which was decisive of the result. Claiming the ruling to have been errone-
ous, Respondent disputes the validity of the certification. To test that issue,
Respondent, as it admits in the answer to the complaint and in a stipulation made
part of the record in this case, has refused to bargain with the Union, though
requested to do so.
All else is not in dispute, and is hereby found, namely, that Respondent is engaged
in a business affecting commerce (having an outflow of products in commerce in
excess of $50,000 a year), that the Union is a labor organization, and that the
bargaining unit of employees in which the election was held and the certification was
issued is appropriate.
As to the matter in dispute, the Trial Examiner is bound by the Board's ruling
in the representation proceeding and the ensuing certification. On the basis thereof,
it is found and concluded that the Union was duly designated as collective-bargain-
ing representative by a majority of the employees in the unit, and, in accordance with
the certification, is the exclusive collective-bargaining representative of all the
employees in the unit in question, within the meaning of Section 9(a) of the Act.
Hence, by refusing to bargain with the union so certified, Respondent has engaged
in and is engaging in an unfair labor practice within the meaning of Section 8(a) (5)
and, derivatively, also 8 (a) (1) of the Act.2
RECOMMENDED ORDER
On the basis of the foregoing and the record in this and the representation pro-
ceeding, the Trial Examiner , pursuant to Section 10(c) of the Act, hereby recom-
mends that the Respondent , Keener Rubber , Inc., of Alliance, Ohio , its officers,
agents , successors , and assigns , shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Lodge 2222, International Association
of Machinists , AFL-CIO, as the duly certified exclusive bargaining representative
of its employees in the following unit:
All production and maintenance employees employed at the Employer 's place of
business in Alliance , Ohio, exclusive of all office clerical employees and all guards,
professional employees, and supervisors as defined in the Act.
(b) In any like or related manner interfering with , restraining , or coercing its
employees in the exercise of the right to bargain collectively through said Union, or
any other labor organization of their own choosing.
2. Take the following affirmative action which it is found will effectuate the
policies of the Act:
(a) Upon request , bargain collectively with the said certified Union as the
exclusive representative of the employees in the appropriate unit described above,
with respect to grievances , labor disputes , rates of pay , wages, hours of employ-
ment, and other conditions of work, and , if an agreement is reached , embody it in a
signed contract.
(b) Post at its plant in Alliance , Ohio, copies of the attached notice marked
"Appendix ." 3 Copies of said notice , to be furnished by the Regional Director for the
Eighth Region , shall, after being duly signed by the Respondent 's representative,
be posted by it immediately upon receipt thereof, and be maintained by it for 60
consecutive days thereafter , in conspicuous places, including all places where notices
to employees are customarily posted. Reasonable steps shall be taken by the
Respondent to insure that said notices are not altered , defaced, or covered by any
other material.
2 Respondent, additionally, proffered evidence that since the certification it received a
paper signed by a majority of the employees in the unit purporting to repudiate the
certified Union as their bargaining representative. The proffer was rejected under the
doctrine of Ray Brooks v N L R B , 348 U S. 96 An attempted intervention by an
attorney on behalf of such employees was denied under the same doctrine, and also as
untimely.
8In the event that this Recommended Order be adopted by the Board, the words "A De-
cision and Order" shall be substituted for the words "The Recommended Order of a
Trial Examiner" in the notice. In the further event that the Board's Order be enforced
by .i decreo of a United States Court of Appeals, the words "Pursuant td a Decree of
the United States Court of Appeals. Enforcing an Order" shall be substituted for the
words "Pursuant to a Decision and Order "
STODDARD-QUIRK MANUFACTURING CO. 615
(c) Notify the said Regional Director, in writing, within 20 days of the receipt
of this Recommended Order, what steps it has taken to comply therewith 4
4 In the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read • "Notify said Regional Director, in writing, within 10 days from
the date of this Order, what steps the Respondent has taken to comply herewith."
APPENDIX
NOTICE 10 ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that:
WE WILL BARGAIN collectively , upon request, with Lodge 2222, 'International
Association of Machinists , AFL-CIO, as the exclusive bargaining representative
of all employees in the bargaining unit described below concerning grievances,
labor disputes , wages, rates of pay , hours of employment , and other conditions
of work, and , if an understanding is reached , embody it in a signed agreement.
The bargaining unit is:
All production and maintenance employees employed at the Employer's
place of business in Alliance , Ohio, exclusive of all office clerical employees
and all guards, professional employees , and supervisors as defined in the Act.
WE WILL NOT refuse to bargain collectively as aforesaid , nor will we in any
like or related manner, interfere with, restrain , or coerce our employees in the
exercise of their right to bargain collectively through the said Union or any other
labor organization of their own choosing.
KEENER RUBBER, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative) ( Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered , defaced , or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 720 Bulk-
ley Building , 1501 Euclid Avenue, Cleveland , Ohio, Telephone Number, Maine
1-4465, if they have any question concerning this notice or compliance with its
provisions.
Stoddard -Quirk Manufacturing Co. and International Wood-
workers of America, AFL-CIO. Case No. 26-CA-948. Septem-
ber 18, 1962
DECISION AND ORDER
On April 26, 1961, Trial Examiner Herman Marx issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the attached Inter-
mediate Report. Thereafter, the Respondent filed exceptions to the
Intermediate Report and a supporting brief.
The Board has reviewed the rulings made by the Trial Examiner at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and brief, and the entire record in
138 NLRB No. 75.