United Electrical, Radio and Machine Workers of America

National Labor Relations Board - Board DecisionsNov 23, 1953

107 N.L.R.B. 147 (N.L.R.B. 1953)

UNITED ELECTRICAL, RADIO AND MACHINE WORKERS 147 COMPLIANCE STATUS OF UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA (UE), LOCAL 1421, INDEPENDENT. November 23, 1953 ADMINISTRATIVE DETERMINATION OF COMPLIANCE STATUS On July 22, 1953, Square D Company filed a motion for redetermination of the compliance status of United Electrical, Radio and Machine Workers of America (UE), Local 1421, Independent, herein referred to as the Union, and for dis- missal of the complaint against it in Cases Nos. 21-CA-956 and 1106.1 The motion was based on the ground, among others, that the trustees of Local 1421 were officers and had failed to file the affidavits required of officers by Section 9 (h) at the time of issuance of the complaint, which was based on charges by Local 1421.2 On reexamination of the sufficiency of the Union's compliance, it appeared that the Union had improperly failed to designate its trustees as officers and to file the required non-Communist affidavits for them. Accordingly, on October 9, 1953, the Board issued a notice to show cause, directing the Union to show cause why the Board should not administratively de- termine that the Union was not in full compliance for the reason just stated. The Board also ordered the Union to show cause why, in the event that the Board determines that the Union was not in compliance because of the failure of the trustees, as officers, to have on file the prescribed affidavits when the complaints issued in each of the aforementioned cases , the Board should not set aside the Decision and Order and dismiss the complaints therein. The Union' s answer, which was timely filed on October 23, 1953, has been carefully considered by the Board.' Section 102.13 of the Board's Rules and Regulations provides, in part, that the term "officer" for the purpose of Section 9 (h) of the Act "shall mean any person occupying a position identified as an office in the constitution of the labor organiza- tion. . . . " The provisions of Local 1421's constitution do not appear to be clear on their face on the question of whether the trustees are "officers." Assuming arguendo, however, that Local 1421's constitution does not unequivocally establish that its trustees are officers, the Board is nonetheless constrained to find that said trustees are officers of Local 1421 on the basis of the constitution of Local 1421's parent body, the UE. i The Board issued a Decision and Order in these cases on June 2, 1953 (105 NLRB 253). 2A similar motion was filed by Pryne & Company, Inc., requesting dismissal of the complaint against it in Case No. 21-CA-1146. The Board issued a Decision and Order in Case No. 21-CA-1146 on June 9, 1953 (105 NLRB 447). 3 Square D Company submitted additional affidavits and documents in support of its original motion, which have also been considered . The Board does not find it necessary to discuss or resolve any other issues raised by Square D's motion in view of its determination herein. 107 NLRB No. 79. 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The constitution of the United Electrical , Radio and Machine Workers of America (UE), Independent , which was in effect during all times pertinent to this determination , provided: Article 21 Section A. The affiliated local unions shall adopt their own constitution and by-laws provided that these do not conflict with the constitution and by-laws of the United Electrical, Radio and Machine Workers of America (UE) . . . . [Emphasis added. ] Section 8. The following officers shall be elected by the local membership: President , Vice-President, Financial Secretary, Treasurer , Corresponding Secretary, Trustees and Floor Guard. Locals may add other officers or combine two offices in one. [Emphasis added. ] Thus, section A of the UE's constitution unequivocally pro- hibits any constituent local from adopting a constitution or constitutional provisions that conflicts with the parent con- stitution . And section B unequivocally declares the local trustees to be officers of the local. The Board therefore finds that the trustees of Local 1421 are officers of the Union. It is notdeniedthat Local 1421's trustees did not file non-Communist affidavits until March 20, 1952. IT IS THEREFORE ADMINISTRATIVELY DETERMINED that Local 1421, United Electrical , Radio and Machine Workers of America ( UE'), Independent , was not in compliance with Section 9 (h) of the Act until March 20, 1952. By direction of the Board: Frank M . Kleiler, Executive Secretary. CONSOLIDATED GAS COMPANY OF SAVANNAH, CONSOLI- DATED GAS COMPANY OF BRUNSWICK and TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS LOCAL UNION NO. 897, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, Petitioner . Case No. 10- RC-2508 . November 24, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John S. Patton, hearing officer . The hearing officer's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Board's jurisdiction is contested by the two corpora- tions named as Employers herein. 107 NLRB No. 49.