Universal Utilities, Inc.

58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD UNIVERSAL UTILITIES, INC. and LOCAL 917, INTERNA- TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, Petitioner . Case No. 2-RC - 6455 . March 25, 1954 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 Aaron Weiss- man, 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 certain employees of the Employer. 3. A question affecting commerce exists concerning the representation 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 contends that its current contract with Universal Utilities Employees Association, an independent union herein called the Association, constitutes a bar to this proceeding. The contract urged as a bar was entered into on January 2, 1953, and was to be effective until May 31, 1955. The Petitioner contends that the contracting union is defunct and therefore incapable of administering the contract. The record discloses that the Association was formed during the early part of January 1953, at which time officers were elected and the above-noted contract negotiated with the Employer. Monthly meetings were held and dues were collected until May or June 1953 when the members, approxi- mately 12 in number, apparently dissatisfied with the Asso- ciation's relations with the Employer, decided to cease paying dues. Sometime toward the latter part of the summer or early fall of 1953, the members signed authorization cards of the Intervenor' but, shortly thereafter, the Intervenor, upon being informed of the existence of the contract between the Associ- ation and the Employer, withdrew its'petition before the State Labor Relations Board, and informed the employees that it could- not represent them at that time. Subsequently, at a meeting called by the president in November 1953, which was attended by all of the members, the employees unan- imously voted to disband the Association, after which they listened to a representative of the Petitioner expound on the 'Metal Trades Branch, Local Union 638, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL, was permitted to intervene in this proceeding, and apparently desires to be placed on the ballot in the electiot, herein directed. 108 NLRB No. 15. UNIVERSAL UTILITIES, INC. 59 merits of the Petitioner as a bargaining representative.2 Fol- lowing his talk, all of the employees signed application cards for membership in the Petitioner . Several days later, the employees signed a petition disestablishing the Association and designating the Petitioner as their representative. Testimony was uncontradicted that the Association is no longer a functioning organization and that there is no existing segment capable of administering the current contract. With the exception of the shop steward who appeared at the hearihk but did not represent the Association, all officers of the Association have left the service of the Employer; the assets of the Association have been divided up among the former members; 3 no meetings have been held, and no grievances, as giich, have been processed by the Association since the disaffiliation in November 1953. Moreover , although the Association was served with notice of the hearing, it did not attempt to intervene , nor did it appear at the hearing. In view of the foregoing , we conclude that for all practical purposes the Association is defunct4 and, therefore, not capable of administering its contract with the Employer.' Ac- cordingly, we find that the existing contract does not bar a representation election at this time. 4. The following employees constitute a unit appropriate for the purpose of ebllective bargaining within the meaning of Section 9 (b) of the Act: All service mechanics , installation mechanics, and instal- lation helpers employed by the Employer at its Great Neck, Long Island, New York, operations, excluding all fuel oil truckdrivers, yardmen, office clerical employees, stockmen, dispatchers , truck mechanics, guards, watchmen, professional employees, and supervisors as defined in the Act.' [Text of Direction of Election omitted from publication.] Members Rodgers and Beeson took no part in the consider- ation of the above Decision and Direction of Election. 2 Although the representatives of the Petitioner had been invited by the president of the As- sociation to speak to the employees, there is no showing that the Petitioner's repre- sentative had a part in the disaffiliation vote of the Association. To the contrary, it appears that the representative of the Petitioner was not present during the discussion relating to disaffiliating, and that he appeared and talked to the gathering after the employees had voted. 3In view of the fact that the entire membership voted to disaffiliate it does not appear that the Association has any members at the Employer 's plant. 4C & D Batteries, Inc., 107 NLRB 1405 at 3; Benjamin Air Rifle Company, 107 NLRB 104 at 3. 'Standard Brass Manufacturing Company, 101 NLRB 1032 at 1033. 6 The parties are in agreement with the unit as amended at the hearing.