United States Gypsum Co.

In the Matter of UNITED STATES GYPSUM COMPANY , EMPLOYER and UNITE!) PAPERWORKERS OF AMERICA, PETITIONER Case No. 13-RC-167 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION January 25, 1949 On September 21, 1948, the Board issued its Decision and Direction of Election in the above-entitled case., On October 14,1948, the Board issued its Order, staying any further proceedings pursuant to the aforesaid Decision and Direction of Elec- tion, reopening the record, and remanding the case to the Regional Director for the sole purpose of determining the status of the United Paperworkers of America, CIO, as an international union affiliated with the Congress of Industrial Organizations. Under this Order remanding the case, 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. At the hearing, it was determined that, from 1944 to its constitu- tional convention held on October 18 to 21, 1948, the Petitioner oper- ated as an organizing committee, its officers and executive board mem- bers being appointed by the Congress of Industrial Organizations. From October 1945 until its formal constitution which was adopted at its convention, the Petitioner was operating under a provisional consti- tution. Under the new constitution the supreme governing body of the Petitioner is its convention which convenes biennially and to which its locals elect delegates on a basis of one delegate for each 100 mem- bers or fraction thereof. The Petitioner has international officers and area directors who were elected at the convention in accordance with a constitutional provision providing for their election by majority vote of the delegates. The area directors comprise the general executive board of the Peti- tioner and are elected by a majority vote of the delegates from their 179 N. L R. B. 869. 81 N. L. R. B., No. 47 292 UNITED STATES GYPSUM COMPANY 293 respective areas at the convention. The president of the Petitioner is a member of the executive board of the Congress of Industrial Organ- izations. The Petitioner maintains its own headquarters in Wash- ington, D. C., and maintains its own records and accounts. Its income is obtained from its various Locals and it pays a per capita tax, as an affiliate, to the Congress of Industrial Organizations. Upon the entire record in this case, the Board finds that the United Paperworkers of America, CIO, is a "National or International" labor organization within the meaning of Section 9 (f), (g), and (h) of the Act and that its relation to the CIO is that of a self-governing inter- national union affiliated with the CIO as a parent federation. How- ever, the record reveals that a party in interest in this proceeding is not only the Petitioner, but also its chartered and functioning Local 1050 which has not complied with the filing requirements of Section 9 (f), (g), and (h) of the Act. While Local 1050 is not a formal party to this proceeding, the record indicates that any contract with the Employer will be jointly executed by the Petitioner and the Local. Because of the interest of the Local which is not in compliance with the Act, we shall not entertain the instant petition unless such Local achieves a status of compliance? Accordingly, if within 10 days from the issuance of this Supplemental Decision and Second Direc- tion of Election, Local 1050 is not in compliance with Section 9 (f), (g), and (h) of the Act, the petition of United Paperworkers of America, CIO, will be dismissed. SECOND DIRECTION OF ELECTION 8 As part of the investigation to ascertain representatives for the purposes of collective bargaining with United States Gypsum Com- pany, South Bend, Indiana, an election by secret ballot shall be con- ducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regula- tions-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, of the original Decision and Direction of Election herein, who were employed during the pay- roll period immediately preceding the date of this Second Direction of Election, including employees who did not work during said pay- roll period because they were ill or on vacation or temporarily laid off, P Matter of United States Gypsum Company, 77 N. L R. B. 1098, supra ; see also flatter of Lane-Wells Company, 79 N. L. R. B. 252 ; and Matter of Magsoha Petroleum Cawtipan1g, 78 N. L...R. R. 116. 8 The Second Direction of Election is hereby issued because the time for holding the election under the first Direction of Election has expired. 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by United Paper- workers of America, CIO.