The Item Co.

National Labor Relations Board - Board Decisions

Nov 26, 1954

110 N.L.R.B. 1061 (N.L.R.B. 1954)

THE ITEM COMPANY 1061
wide unit appropriate and to direct an election therein. I agree, how-
'ever, with the majority that in cases involving public utilities, as here,
the Board should apply the self-determination principle with respect
to unrepresented groups sought to be added to the existing unit. I
would, therefore, direct an election in the overall unit but would grant
a self-determination election among the employees in the Crookston
division.
THE ITEM COMPANY and NEW ORLEANS NEWSPAPER GUILD, LOCAL 170,
CIO, PETITIONER. Case No. 15-RC-1096. November 26, 1954
,Supplemental Decision and Certification of Results of Election
On June 29, 1954, pursuant to a Decision, Direction of Election and
Order 1 issued by the Board on June 9, 1954, an election by secret
ballot was conducted in Case No. 15-RC-1096, under the direction
and supervision of the Regional Director for the Fifteenth Region
(New Orleans, Louisiana). Upon the conclusion of the election a
tally of ballots was furnished the parties in accordance with the Rules
and Regulations of the Board.
The tally of ballots shows that there were approximately 15 eligible
voters, and that 15 ballots were cast, of which 9 were for the Petitioner,
and 6 were for Building Service Employees International Union 275,
AFL, the Intervenor herein. On July 2, 1954, the Employer filed
timely objections to the election.
The objections alleged that certain explanatory information con-
tained in the official notices of election had the effect of enhancing the
position of the Petitioner to the detriment of the Intervenor. The
Regional Director investigated the objections and on July 28, 1954,
issued and served upon the parties his report on objections in which he
found that the explanatory paragraphs in the official copies of election,
either alone or together, could not be interpreted as reflections upon
the relative merits of the contending labor organizations, their unit
contentions, or other issues. He concluded that the Employer's objec-
tions do not raise substantial or material issues with respect to the
election and he recommended to the Board that the said objections
be overruled and that an appropriate certification issue. We adopt
the recommendations of the Regional Director as contained in his
report, and find that the objections do not raise substantial or mate-
rial issues with respect to the election. The objections are hereby
overruled.
As the employees in the voting group consisting of all maids, por-
ters, elevator operators, utility metal men, and handy men employed
1 108 NLRB 1261
110 NLRB No. 173.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by The Item Company, New Orleans, Louisiana, but excluding elec-
tricians and all other employees, guards, professional employees, and
supervisors as defined in the Act, have selected New Orleans News-
paper Guild, Local 170, CIO, as their bargaining representative, and
as it appears that this organization is now the recognized exclusive
bargaining representative of the existing unit of editorial-circulation
department employees, we find that the employees in the above-de-
scribed category may be part of a single unit together with the
employees in the existing unit of editorial-circulation department
employees, which in the circumstances we find appropriate.
[The Board certified New Orleans Newspaper Guild, Local 170,
CIO, as the bargaining representative of the employees in the unit of
editorial-circulation department employees.]
CONTINENTAL ELECTRIC CO., INC. and INTERNATIONAL UNION OF
ELECTRICAL, RADIO AND MACHINE WORKERS, C. I. 0., PETITIONER.
Case No. 2-RC-7070. November 26,1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John J. Carmody,
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 employees
of the Employer.
3. The Intervenor, United Electrical, Radio and Machine Workers,
Local 437, herein called UE, contends that the current contract with
the Employer, which is effective until May 15, 1955, is a bar to this
proceeding. The Petitioner, herein called IUE-CIO, asserts that the
contract is not a bar because of a schism within the ranks of the
contracting union.
On August 17, 1954, the executive board of Local 437, UE, voted
unanimously that a special meeting be called on August 26, 1954,
to consider the executive board's recommendation that Local 437
disaffiliate from the UE and affiliate with the IUE-CIO. The reason
for this proposed action was the alleged Communist domination of
the UE.
Written notices were posted in the regular manner specifying the
purpose of the special meeting. On August 26, 1954, the meeting was
110 NLRB No. 172.