Carrier Corp.

In the Matter Of CARRIER CORPORATION and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, A. F. OF L. Ca.se No. 3-R-1204.-Decided July 1, 1,946 Hancock, Dore, Ryan & Shove, by Messrs. Stuart F. Hancock, John E. Lynch, and 7'. M. Cunningham,, of Syracuse, N. Y., for the Com- pany. Mr. Harold B. Roitman, of Boston, Mass., and Mr. Frank Pod- siadlik, of Syracuse, N. Y., for District 50. Mr. Donald P. Gorman, of Syracuse, N. Y., and Mr. John Schreier, of Washington, D. C., for the Federal Union. Mr. Melvin J. Tl'clles, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition filed by District 50, United Mine Workers of America, A. F. of L., herein called District 50, alleging that a questiom affecting commerce had arisen concerning the representation of em- ployees of Carrier Corporation, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Francis X. Helgesen, Trial Examiner. The hearing was held at Syracuse, New York, on May 2, 1946. The Com- pany, District 50, and Federal Labor Union No. 23983, A. F. of L., herein called the Federal Union, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing, the Federal Union moved to dismiss the peti- tion on the ground that a contract is a bar to an election. The Trial Examiner referred this motion to the Board. For reasons stated hereinafter, the motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board.. Upon the entire record in the case, the Board makes the following :. 69 N. L. R. 13, No. 26 248 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Carrier Corporation is a Delaware corporation, with its principal office and place of business in Syracuse, New York. It is engaged in the manufacture and sale of air-conditioning, refrigeration, and in- dustrial heating equipment. During 1945 the Company purchased raw materials valued in excess of $10,000,000, of which approximately 60 percent was shipped to its plant from points outside the State of New York. The sales of the Company during the same period were of a value in excess of $10,000,000, of which more than 80 percent was shipped from its plant to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, and Federal Labor Union No. 23983, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has-refused District 50's request for recognition as the bargaining representative of certain of its employees. Carrier Employees' Association, an independent labor organization, herein called the Association, was designated by the Regional Director on June 4, 1945, as bargaining representative for employees of the Company after a consent election in which the Association and District 50 appeared on the ballot. On July 24, 1945, the Association entered into a contract with the Company, to be effective for one year, and to continue for a like period thereafter, except that on or before June 15, 1946, either party might propose modifications, which if agreed upon would then be incorporated into the contract. Qpp March 25, 1946, District 50 filed the petition herein. Four days later the Association was granted a charter by the American Federation of Labor as the Federal Union. On April 18, 1946, a supplemental agreement between the Company and the Federal Union continued the contract of July 24, 1945, with certain modifications concerning wage increases, but without extending its term, and recognized the Federal Union as suc- cessor to the Association., 'Another supplemental agreement between the Company and the Federal Union was executed on April 29, 1946, which reiterated the union shop provisions of the contract between the Company and the Association. 0 CARRIER CORPORATION 245 The Federal Union has moved to dismiss the petition on the ground that the contract of July 24, 1945, is a bar to an election. It contends further that if an election is directed and a certification should issue, the certification should be for the sole purpose of designating a bar- gaining representative to negotiate a new contract to become effective after July 24, 1946, the expiration date of the contract of July 24, 1945.2 But District 50 asserts that the Federal Union does not stand in the shoes of the Association, and that the only possible basis for the Federal Union's contention that it has obtained any contractual rights lies in the supplemental agreement of April 18, 1946. District 50 argues, therefore, that inasmuch as it filed its petition before the sup- plemental agreement was made, no bar exists to a current determina- tion of representatives and that, if certified, it should be entitled to negotiate a contract to take effect before July 24, 1946. Assuming that the Federal Union is in all respects the successor to the Association and that it can validly contend that its contractual relationship commenced on July 24, 1945, when its predecessor con- tracted with the Company, we nevertheless find that there is no bar to an immediate election, for the contract made with the Association will expire in less than one month.3 Furthermore, under this assump- tion, which places the Federal Union in the best position, District 50 may, if certified, negotiate a contract with the Company to become effective immediately, as the agreement of July 24, 1945, will doubtless have expired by the time an election can be held, a certification issued, bargaining undertaken, and a collective agreement made. We find that a question affecting commerce has arisen concerning the 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 In accordance with an agreement of the parties at the hearing, we find that all production and maintenance employees of the Company, including truck drivers and group leaders, but excluding timekeepers, time-study employees, guards, nurses, salaried employees, draftsmen, research workers, cafeteria employees, clerical and confidential em- ployees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 2 See Matter of American Stores Company, 54 N. L. R. B. 756 ; Matter of Chrysler Motors Corporation, 38 N. L. R. B. 1379; Matter of Houde Engineering Corporation, 36 N. L. R. B. 587. 3 See Matter of Flintkote Company, 55 N. L R B. 1442. 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Carrier Corpora- tion, Syracuse, New York, an election by secret ballot shall be con- ducted 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 Third Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among em- Illoyees in the 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, 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, to determine whether they desire to be represented by District 50, United Mine Workers of America, A. F. of L., or by Federal Labor Union No. 23983, A. F. of L., for the purposes of collective bargaining, or by neither. MR. GFRARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. 4 District 50 contends that the Federal Union has not shown sufficient interest to be accorded a place on the ballot However, the contractual relationship between the Com- pany and the Federal Union , even if predicated upon the supplemental agreement of April 18, 1946, is sufficient to entitle the latter to a place on the ballot. See Matter of Berkshire Fine Spinning Associates, Inc., 65 N L R . B. 101 ; Matter of Groveton Papers Co., 65 N L R. B. 26.