The Glidden Co.

THE GLIDDEN COMPANY, VEGETABLE OIL DIVISION 405 these employees from the existing plant-wide unit of which they have formed a part for over 18 years.4 Accordingly, we find that the unit requested by the Petitioner is inappropriate for the purposes of collective bargaining, and we shall dismiss the petition herein. Order IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 4 The American News Company, 93 NLRB 1566; Chicago Pneumatic Tool Company, Inc., 89 NLRB 799. THE GLIDDEN COMPANY, VEGETABLE OIL DIVISION and JOHN WALTER LEQUEA, JR., PETITIONER and INTERNATIONAL CHEMICAL WORKERS UNION, LOCAL No. 1, A. F. OF L. Case No. 21-RD-149. May 29, 1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before George H. O'Brien, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed? Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Styles and Peterson]. 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 Petitioner, an employee of the Employer, asserts that the Union is no longer a representative, as defined in Section 9 (a) of the Act, of the employees designated in the petition. 3. No question affecting commerce exists concerning the represen- tation 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: Following a consent election conducted on June 11, 1951, Inter- national Chemical Workers' Union, A. F. of L., was certified, on June 19, 1951, as the exclusive bargaining representative of the em- 1 The Union moved to dismiss this proceeding on the grounds (a) that its current con- tract with the Employer is a bar, and (b) that some of the signatures which constituted the Petitioner's showing of interest were secured by a nephew of the plant superintendent. As we are dismissing the petition for the reasons set forth in paragraph numbered 3, infra, we find it unnecessary to rule on this motion. 99 NLRB No. 76. 215233-53-27 406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees involved herein 2 Subsequently, the Employer and the Union entered into a collective bargaining contract effective from October 24, 1951, to June 18, 1952, and from year to year thereafter, in.the absence of 60 days' notice to modify or terminate. The petition herein was filed on April 10, 1952, and the hearing was held on May 2, 1952. As the petition was filed more than 1 month before the end of the certification year and the hearing was also held before the certifica- tion year expired we shall, in accordance with established Board policy, dismiss the petition.' Order IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. a Case No. 21-RC-1963. 3 Zenith Raniw Corporation , 95 NLRB 1156, National Heat Treating Company, 95 NLRB No. 144. AMERICAN CAR & FOUNDRY and ZENON J. BARANEKI, PETITIONER aiul LOCAL 2551, UNITED STEELWORKERS OF AMERICA, CIO. Case No. 3-RD-53. May 29, 1952 , Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William Naimark, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its power in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock]. 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 Petitioner, an employee of the Employer, asserts that the Union is no longer the representative, as defined in Section 9 (a) of the Act, of the employees designated in the petition. 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 began to operate its Buffalo, New York, plant, the only one involved in this proceeding, in 1940. The plant was shut down in 1945 and not reopened until 1950. On November 16,,1950, the Steelworkers Organizing Committee, herein called Steelworkers, 99 NLRB No. 66