Thomas Electronics, Inc.

National Labor Relations Board - Board DecisionsDec 29, 1953

107 N.L.R.B. 614 (N.L.R.B. 1953)

614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board must be administratively satisfied that the petitioning union has a sufficient representative interest among the employees in question .' As the AFL, the only union seeking an overall unit, has failed to make the necessary showing of interest in such a unit , we find it unnecessary to pass upon the motion to amend its petition because in any event we would dismiss it. [The Board dismissed the petitions.] 5 Standard & Poor 's Corporation , 95 NLRB 248. THOMAS ELECTRONICS, INC. and INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, Petitioner . Case No. 2-RC- 6124. December 29, 1953 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 Arthur A. Greenstein , hearing officer . The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. i Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.' 4. The parties - are in general agreement that the appro- priate unit should consist of all production and maintenance employees at the Employer ' s Passaic, New Jersey , plant. They disagree , however, with respect to the placement of truckdrivers . The Petitioner desires their inclusion, while ,We find without merit the Employer 's attack upon the Petitioner 's showing of interest (Stokely Foods , Inc., 78 NLRB 842) and are satisfied that Petitioner had an adequate and proper showing. 2 The Employer asserts that its current contract with Local 1846, International Brother- hood of Electrical Workers , AFL, the Intervenor herein , executed on August 21, 1953, constitutes a bar to this proceeding . On August20 , 1953, the Petitioner by telegram demanded recognition of the Employer for its production and maintenance employees , and on August 21, 1953, filed the petition herein . As the Petitioner ' s notice to the Employer of its claim of representative status preceded the execution of the contract and was followed within 10 days by the filing of a petition , we find that the contract does not bar a present determination of representatives . New Haven Pulp and Board Company , 83 NLRB 268 , and cases cited therein. In view of our finding that the contract does not constitute a bar, we find it unnecessary to consider further contentions advanced by the Petitioner concerning the union- security clause contained therein. 107 NLRB No. 124. SOUTHERN TRUCK LINE 615 the Employer and the Intervenor would exclude them from the unit. Truckdrivers make both local and over-the-road runs , and are paid on a trip rather than an hourly basis. They help load their trucks at the plant , although they have no regular duties there. The Board specifically included them in a plantwide unit found appropriate in an earlier proceeding involving the Employer and the Petitioner.' No other Union is presently seeking to represent them in a separate unit. We believe that, despite the disagreement of the parties , the truckdrivers may appropriately be included in a unit of production and maintenance employees. We shall, therefore , include all truckdrivers in the unit.4 The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Em- ployer's cathode ray tube plant in Passaic , New Jersey, including truckdrivers , shipping and receiving clerks, and factory clerical employees , but excluding salesmen , office clerical employees , professional employees , guards , watch- men, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 3Case No . 2-RC-4329 ( not reported in printed volumes of Board Decisions ). The Petitioner lost the election directed in that case. 4Tell City Furniture Company , Inc., 88 NLRB 284. Insofar as Woodlin Metal Products Company , 106 NLRB No . 50, and Boro Wood Products Company, Inc., 88 NLRB 886, are inconsistent herewith , they are here overruled. E. E. MCNEAL AND JOHN MARSHALL d/b/a SOUTHERN TRUCK LINE and TEAMSTERS , CHAUFFEURS , HELPERS& TAXICAB DRIVERS LOCAL UNION 327, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA, AFL , Petitioner. Case No. 10 - RC-2525. December 29, 1953 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 David L. Trezise, 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 organization involved claims to representcer- tain employees of the Employer. 107 NLRB No. 131.