Bliss Properties

In the Matter of BLISS PROPERTIES, -PARK ROAD COMPANY, INC., ARTHUR L. BLISS AND JAMES MCD. SHEA, and UNITED CONSTRUC- TION WORKERS DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA. In the Matter of BLISS PROPERTIES and BUILDING SERVICE EMPLOYEES INTERNATIONAL UNION, A. F. L. Cases Nos. B-4298 and R-4299, respectively.Decided October 29, 1942 Jurisdiction : apartment house operations within the District of Columbia. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; contract held no bar when because of an alleged ineffectual transfer of affiliation of contracting union, there existed an unresolved doubt with respect to the identity of the labor organi- zation which employees desired as their representative ; election necessary. Unit Appropriate for Collective Bargaining : maintenance employees in 19 apart- ment houses operated by Company, including janitors, assistant janitors, elevator operators, hall men, and utility men, but excluding supervisors and managers ; stipulation as to. Mr. Earle K. Shawe, for the Board. Mr. John J. Wilson, of Washington, D. C., for the Company. Mr. Wm. J. Polymer, of Washington, D. C., for the U. C. W.- U. M. W. Mr. Samuel Levine, of Washington, D. C., for the A. F. of L. Mr. Sidney Katz and Mr. Louis Williams, of Washington, D. C., for Local 675 and the C. I. O. Dlr. Wm. C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petitions duly filed by United Construction Workers Divi- sion of District 50, United Mine Workers of America, Local 120, herein called the U. C. W.-U. M. W., and Building Service Em- ployees International Union, A. F. of L., herein called the A. F. of L., alleging that a question affecting commerce had arisen concern- ing the representation of employees of Bliss properties, Park Road 45 N. L R. B., No 28. 136 BLISS PROPERTIES 137 Company, Inc., Arthur L. Bliss and James MeD. Shea, Washing- ton, D. C., herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice, before Henry J. Kent, Trial Examiner. Said hearing was held at Wash- ington, D. C. on September 22, 1942. The Company, the U. C. W.- U. M. W., the A. F. of L., and United Building Service Employees, Local 675, C. I. 0., herein called Local 675, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On September 23, 1942, the Company requested oral argument before the Board; the request was denied. Upon the entire record in the case the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Bliss Properties is an estate operating under a form of Massa- chusetts trust and is managed by 3 trustees. The Company owns and operates 16 apartment houses in the District of Columbia, and operates 2 apartment houses owned by Park Road Company, Inc., 0 a Delaware corporation, and 1 apartment house owned by Arthur L. Bliss. All properties described above are operated under one management, headed by James McD. Shea, president of the Park Road Company. The Company purchases approximately $50,000 worth of materials annually to operate said properties. These ma- terials consist of coal, janitor supplies, and similar items. At least 50 percent of these materials originates outside the District of Colum- bia. At the time of the hearing the Company employed about 70 maintenance employees in the 19 apartment houses operated by it. The parties stipulated that these are the same properties which were involved in a former Board proceeding,' in which the Board assumed jurisdiction. H. THE ORGANIZATIONS INVOLVED United Construction Workers Division 50, United Mine Workers of America, Local 120, is a labor organization. It admits to mem- bership employees of the Company. Building Service Employees International Union, A. F. of L., is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. I See Matter of Bliss Properties, Park Road Company, Inc., Arthur L. Bliss, and James McD. Shea, and United Building Service Workers, Local Industrial Union, No. 675, C. I. 0., 30 N. I._ R. B 1062. 138 DECISIONS OFF NATIONAL LABOR RELATIONS BOARD United Building Service Employees, Local 6751C. I. O., is a labor organization affiliated with the Congress of Industrial Organiza tions. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 16, 1941, pursuant to an election held April 29, 1941, Local 675 was duly certified by the Board as bargaining represent- ative for all maintenance employees of the Company.2 On May 27, 1941, the Company and Local 675 entered into a bargaining con- tract,3 effective May 16, 1941, expiring 2 years thereafter, but to be considered automatically renewed for 2 years unless either party should notify the other, in writing, at least 30 days before the expiration date of its desire to change,- amend, or cancel said agree- ment. - On May 3, 1941, the Congress of" Industrial Organizations, the parent organization of Local 675, and herein called the C. I. 0., issued an official transfer, effective May 1, 1941, of the affiliation of Local 675, to affiliation with United Construction- Workers Or- ganizing Committee, also affiliated with the C. I. 0., herein called, the U. C. W. O. C. It appears that the U. C. W. O. C. thereafter established Local 120. Thereafter, on May 7, 1942, the Board denied a motion of Local 120 of the U. C. W. O. C. to substitute its name for that of the afore-mentioned certified union. On June 4, 1942, certain officials of the U. C. W. O. C. and District 50, United Mine Workers of America, executed an agreement purporting to affili- ate with District 50, United Mine Workers of America, the local unions established by the U. C. W. O. C. and thereby creating the U. C. W.-U. Al. W. By resolution adopted June 11, 1942, Local 120 approved the action of the National Policy Board of United Con- struction Workers by which it affiliated with District 50, United Mine Workers of America. Thereafter, the U. C. W.-U. M. W. filed a motion with the Board to have the certification amended, to show affiliation of Local 120 with the U. C. W.-U. M. W., but later withdrew the motion and filed its petition herein. The U. C. W.-U. M. W. claims to be the successor to Local 675. and as such successor entitled to bargaining rights under the afore- mentioned contract. The C. I. O. contends that the charter of the contracting union is still in existence and that the attempted transfer of Local 675 to the U. S. W. O. C. Local 120 was ineffec- tual, but admits that it is not, at present, servicing the contracting 2 See Matter of Bliss Properties, Park Road Company, Inc., Arthur L. Bliss, and James MoD. Shea, and United Building Service Workers Local Industrial Union No. _ 675, C. I. 0., 31 N L It. B 938. 8 The contract by its terms, is between "United Building Service Workers , L. I. U No. 675, and their successors ... and Bliss Properties." BLISS PROPERTIES 139 union. The A. F. of L. contends that the contracting union is no longer in existence and therefore the contract cannot be held a bar to the present proceeding, since one of the contracting parties does not exist. Since the present controversy arose the Company has continued to observe the check-off provision in the contract, but is impounding said money_ until some definite solution of the present controversy has been reached. A statement of the Acting Regional Director, introduced in evi- dence at the hearing, indicates that the U. C. W.-U. M. W. and A. F. of L. each represents a substantial number of employees in the alleged appropriate unit.4 As a general rule, the Board will not proceed with an investi- gation as to representation where there exists a valid contract having a reasonable period to run, with an active labor organiza- tion of clearly established identity. Resolution of the conflicting claims of the various unions respecting successorship and the effect of transfer of affiliation, involving as it does a construction of the constitutions of the C. I. 0. and the United Mine Workers and the charters granted to the U. C. W. 0. C. local, is not the function of the Board. But the conflicting. claims of the C. I. 0., the A. F. of L., and the U. C. W.-U. M. W. do establish that there is an unresolved doubt with respect to the identity of the labor organization which the employees desire to represent them., Under such circumstances, we hold that the contract does not constitute a bar to the present determination of representatives and we shall resolve the dispute which has arisen by an election by secret ballot. 'We, find that a question affecting commerce has arisen concerning representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. - IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties, that all maintenance employees employed by the Company in the 19 apart- A The Acting Regional Director's statement shows that the U. C. W -U. M. W. submitted to him 61 authorization cards, all of which appear to bear genuine signatures and 36 of which are the names of persons appearing on the Company pay roll of current date. Said cards were dated as follows : 5 in August 1942, 42 in July 1942, and 14 in June 1942. The A. F. of L . submitted 44 authorization cards , all of which appear to bear genuine signatures and 20 of which are names of persons appearing on the Company pay roll of current date These cards are dated as follovks : 13 in August 1942, 23 in March 1942, and 8 undated The C. I. 0 relies on the afore-mentioned contract to substantiate its interest. At the bearing , the parties stipulated that there were 60 employees in the appropriate unit when the Acting Regional Director made his statement and that the unit now contains 70 employees. See Matter of Brenizer Trucking Company, et al., and United Paving and Building Supple Workers, Local Industitat Union #1221, C I 0, 44 N L R B 810;-Matter of Ilarbtson-lValber Refractories Company and United Clay Products Workers, Local Industrial Union #1205 etc., 44 N . L. R. B. 816. 140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment houses operated by, it, including janitors, assistant janitors; elevator operators, hail men, and utility men, but excluding super- visors and managers, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9-(b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bliss Properties, Park Road Company, Inc., Arthur L. Bliss and James McD. Shea, Washington, D. C., an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in a unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but exclud- ing employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Construc- tion Workers Division of District 50, United Mine Workers of America, Local 120, or by Building Service Employees International Union, A. F. of L., or by United Building Service Employees, Local No. 675, C. I. 0., for the purposes of collective bargaining, or by none of these organizations. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.