Wagner Electric Corp.

In the Matter Of WAGNER ELECTRIC CORPORATION and INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, CIO, LOCAL 1104 (IUE) and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL No. 1104 (UE) Cases Nos. 14-RC-905 and 14-RM-22:Decided September 13, 1950 DECISION AND ORDER On February 27, 1950, the Employer, the International Union of Electrical, Radio & Machine Workers, CIO, Local 1104, herein termed the IUE, and the United Electrical, Radio and Machine Workers of America, Local 1104, herein termed the UE, executed an agreement for a consent election to be held February 27, 1950, among certain employees of the Employer. On February 24, 1.950, Local Union No. 23, Technical Engineers, Architects and Draftsmen's Association, AFL, herein termed the Association, filed a motion to intervene. Thereafter, on March 13, 1950, the motion to intervene was denied as untimely filed by the Regional Director for the Fourteenth Region, and the action of the Regional Director was affirmed by the Board on appeal on April 11, 1950. The UE. was subsequently certified as representative of certain of the employees of the Employer. On July 14, 1950, counsel for the Association filed a motion alleging that the membership of the UE had disaffiliated from that organization and was now affiliated with the Association and requesting that the certification be amended by substituting the name of the Association for that of the UE.' On August 7, 1950, counsel for the UE filed a brief in opposition to the motion to amend. In accordance with the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this matter to a three-member panel [Members Houston, Rey- nolds, and Murdock]. The allegations contained in the motion of the Association to the effect that the membership of the UE local has disaffiliated from the 1 The Association's request for oral argument is denied inasmuch as, in our opinion, the briefs filed by the parties adequately express the Issues and positions of the parties. - 91 NLRB No. 47. 220 WAGNER ELECTRIC CORPORATION 221 UE and affiliated with the Association, in effect, constitute an attempt to raise a question concerning representation. The Association re- quests we resolve this alleged question concerning representation by amending the certification. The Act and the Board's long-standing policy, however, requires that such matters be determined through a petition and secret ballot of the employees concerned.2 Moreover, we do not believe that the fact that the Association is foreclosed, at this time, from utilizing such procedure, because of the prohibition in Section 9 (c) (3) of the Act of more than one election in a 12-month period, sufficient justification for abandonment or evasion of that procedure. Accordingly, we find the motion to amend the certifica- tion without merit. ORDER IT IS HEREBY ORDERED that said motion to amend the certification in this matter filed by Local 23, Technical Engineers, Architects and Draftsmen's Association, AFL, be, and it hereby is, denied. 2 See Fourteenth Annual Report of the National Labor Relations Board, p. 26.