Karas & Karas Glass Co., Inc.

566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Workers of America and the International Union of Electrical, Radio and Machine Workers, CIO, in organizational activities, or (b) by actively soliciting or per- mitting solicitation of employees during working hours to join the International Association of Machinists while refusing to permit such activities on behalf of the United Electrical, Radio and Machine Workers of America and the Interna- tional Union of Electrical, Radio and Machine Workers, CIO. [Recommendations omitted from publication in this volume.] KARAS & KARAS GLASS CO., INC. and LOCAL 25, INTERNATIONAL BROTHERHCOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER. Cease No. 1-RC-737. June 6, 1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Sidney A. Coven, 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 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 is one of 28 firms associated in Glass Employers Group of Greater Boston, Inc., herein called the Employers Group, a Massachusetts corporation, which, in behalf of its membership, bar- gains collectively with labor organizations with respect to their employees. The Petitioner seeks to sever, with the customary exclusions, a unit of drivers, warehousemen, and helpers at the Employer's glass sales, distribution, and installation plant at South Boston, Massachusetts, from an association-wide unit of inside employees including these categories, among others. The Employer and Glaziers' Local No. 1044, Brotherhood of Painters, Decorators & Paperhangers of Amer- ica, AFL, the Intervenor herein, contend, inter alia, that an associa- tion-wide unit covering all members of the Employers Group is the 1 In view of our decision herein, we find it unnecessary to consider the contention of the Intervenor herein that its current contract with the Employer operates as a bar. 99 NLRB No. 86. THE HERTNER ELECTRIC COMPANY 567, only appropriate unit, and that, as the Petitioner's limited unit covers only one Employers Group member, it is therefore inappropriate: From 1932 to the formal incorporation of the Employer Group in 1946, its members, through a committee, negotiated with the Inter- venor the terms of separate but identical contracts covering inside and outside employees, respectively, of all members, including the Em- ployer. These contracts, so negotiated, have uniformly been ratified. by the membership and separately signed by'the individual members. Since 1946 the members have continued this group bargaining-pro. cedure through the medium of the formally incorporated Employers Group.2 On the basis of this 20-year history of collective bargaining for all inside employees between the Intervenor and members of the Em- ployers Group, including the Employer, we find that a unit confined only to the truck drivers and warehousemen of the Employer is too limited in scope to constitute an appropriate Unit .3 For this reason,. we shall dismiss the petition. Order IT IS HEREBY ORDERED that the petition in the instant case be, and the same hereby is, dismissed. 2 An exception to this otherwise uniform bargaining pattern is noted with respect to Pittsburgh Plate Glass Company , one of the Employers Group members, which, although It has contracted for inside employees in the same manner as the other members, currently contracts with the Petitioner respecting drivers. This variance appears to be due to the fact that the operations of this member are on a larger scale and more diversified than those of the other employer members Cf. Furniture Employers ' Council of Southern California, Inc., and Member Employers , 96 NLRB 1002. 8 Bryant's Marina, Inc., et al., 92 NLRB 718, 720; Whiz Fish Products Company, 94 NLRB 1303, Al Laman Motors, Inc , 98 NLRB 724. THE HERTNER ELECTRIC COMPANY and INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, CIO, PETITIONER. Case No. 8-RC-1608. June 9,195°2 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Charles A. Fleming, 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 1 finds : I Pursuant to the provisions of Section 3 (h) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [ Chairman Herzog and Members Styles and Peterson]. 99 NLRB No. 85.