Diagraph-Bradley Industries, Inc.

In the Matter of DIAGRAPH-BRADLEY INDUSTRIES, INC., EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Case No. 14-RC-1106.-Decided September 29, 1950 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Harry G. Carlson, hearing officer. 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 Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section.9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The Employer and District 50 contend that their current contract covering the employees involved herein dated November 1 , 1949, for the term of 2 years with a 60-day automatic renewal clause, is a bar to the petition filed May 26, 1950 . The Petitioner contends that the con- tract cannot operate as a bar because of a "schism" in the membership of Local Union 13322. On May 21, 1950, a special meeting of Local Union 13322 was held in Marion, Illinois, pursuant to a notice posted on the bulletin board in the Employer's plant on May 19, 1950, which stated that the purpose of the meeting was to vote on the question of affiliation with the Peti- tioner. This meeting was attended by 10 members ,2 including the of- ficers of the local, who voted unanimously to disaffiliate from District 50 and to affiliate with the Petitioner. Notification of this action was thereupon sent to the Employer with a request for recognition of the 1 Intervention was granted to District 50, United Mine Workers of America , and to its Local Union 13322 . These intervenors are herein collectively called District 50. South- ern Illinois District Council, affiliated with Hod Carriers' Building & Common Laborers' Union of America , AFL, was also properly permitted . to intervene. The motion . by District 50 for oral argument is hereby denied as in our opinion the issues and positions of the parties are adequately presented by the record and the briefs. ' The Employer's working force consisted of 65 employees. 91 NLRB No. 93. 605 606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Petitioner. Despite the action taken at the foregoing meeting, it ap- pears that Local Union 13322 continued to function as theretofore and to maintain its affiliation with District 50. Its officers have remained loyal to their local, regular and special meetings have been held, and employee grievances have been handled by the local. At a meeting of Local Union 13322 held on June 19, 1950, there was an, election of of- ficers and other officials of the local pursuant to the rules and bylaws of District 50, in which all the old officers but the vice president were elected to new terms. At a special meeting of the local held on July 17, 1950, it was formally voted by the members present to reaffiliate with District 50. The purpose of this action was to dispel any doubt among the employees that there was any labor organization other than Local Union 13322 in existence to represent them. All of the Em- ployer's employees who are eligible to membership presently belong to the local and pay dues. On the other hand no evidence was pre- sented by the Petitioner that it has held meetings, conducted any ac- tivities in behalf of the employees, or that it has any members among these employees. We are satisfied from the foregoing facts that the status of Local Union 13322 as the representative of the Employer's employees re- mains undisturbed and that no doubt exists among these employees as to the identity of the labor organization by which they desire to be represented. Accordingly, as the petition was untimely filed, we find that the existing contract is a bar to this proceeding and shall grant the motion of District 50 to dismiss the petition.' ORDER Upon the basis of the foregoing findings of fact, and upon the en- tire record in the case, the National Labor Relations Board hereby orders that the petition filed herein be, and it hereby is, dismissed. 8 Board Members Houston and Reynolds dissent from the holding of the majority and would order an election in this case on the ground that the facts herein establish the exist- ence of a "schism." The Board unanimously agrees, however, that all other arguments raised by the Petitioner in support of its contention that the contract should not operate as a bar are without merit.