Rub-R Engraving Co.

In the Matter of RnB-R ENGRA-V'ING'COMPANY, EMPLOYER and AMERI- CAN FEDERATION OF LABOR , PETITIONER Case No. 141-RC-132.-Decided August 31, 19418 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer 'of the National Labor Relations Board. 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 National Labor Relations Act. 2. The alleged question concerning representation : At the hearing, the Petitioner, the American Federation of Labor, -moved to amend the petition by substituting "Federal Labor Union No. 24351, affiliated with the American Federation of Labor," as the Petitioner. The Employer objected to this motion on the ground that there was no showing that Federal Labor Union No. 24351 had complied with Section 9 (f), (g), and (h) of the Act. The Peti- tioner then withdrew its motion and moved, in its stead, that the peti- tion be amended by designating the Petitioner as "American Federa- tion of Labor for Federal Labor Union No. 24351." The Employer objected, and the hearing officer denied the motion. The Employer then moved to dismiss the petition on the ground that the American Federation of Labor is not, and that the Union is, the proper party in interest.' The hearing officer referred this motion to the Board. The record shows that an application to charter the Federal Union at the plant of the Employer was granted on January 14, 1948, and ' The Employer also urged as a ground for dismissal that pending charges of unfair labor practices filed against the Employer by the Petitioner should be disposed of poor to the holding of an election we find no merit in this contention of the Employer as the Petitioner has, in conformity with established Board practice , filed a waiver of any right to object to an election held in this case on the basis of any acts alleged as unfair labor practices in Case No . 14-CA-41. Matter of New England Retrnning Inc., 74 N. L. R. B. 938. 79 N. L. R. B., No. 40. 332 RUB-R ENGRAVING COMPANY 333 that it was actually chartered on January 29,1948. The petition here- in was filed on January 22, 1948. The Federal Union is a direct affiliate of the Petitioner. The Petitioner stated at the hearing that it reserves the right to bargain directly for the Federal Union or in connection with it. All contracts are subject to the examination and approval of the Peti- titioner. The Petitioner stated that, if certified as the representative of the employees of the Employer, it would undertake to negotiate with the Employer as such representative. We conclude, in view of the foregoing, that the Petitioner is at- tempting to secure a Board certification for the benefit of its non- complying affiliate. We hold that the Federal Union is itself a party in interest to this proceeding and must therefore be in compliance with Section 9 (f), (g), and (h) of the Act 2 We shall accordingly grant the Employer's motion to dismiss. ORDER Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that^,the petition of the American Fed- eration of Labor herein be, and it hereby is, dismissed. 1 Matter of Lane-Wells Company, 77 N. L. R. B 1051