New Cassell Electronics

NEW CASSELL ELECTRONICS '827 desist from giving effect to said illegal agreement, and from entering into, renewing, or enforcing any agreement with Doig or any other employer which accords prefer- ential or exclusive hiring rights to members of the Respondent labor organization. It has been found that the Respondents caused Doig discriminatorily to discharge and refuse to reinstate Hughes on February 1, 1954. Although the record is not specifically clear on the point, the Trial Examiner infers that the Springfield job, from which Hughes was discharged, was completed by Doig before the opening of the hearing.' For that reason it will not be recommended that the Respondents di- rectly inform Doig, in writing, that they request Hughes' reinstatement to that job. It will be recommended, however, that the Respondents make Hughes whole for any loss of pay suffered by reason of the discrimination against him, by payment to him of a sum of money equal to that which he would normally have earned from the date of the discrimination to the date his job would normally have terminated, less his net earnings during said period. Back pay shall be computed in a manner consistent with the policy established by the Board in F. W. Woolworth Company, 90 NLRB 289. The unfair labor practices found to have been engaged in by the Respondents are of such character and scope that, in order to insure employees and prospective em- ployees of Doig and other employers engaged in interstate commerce of full rights guaranteed by the Act, it will be recommended that the Respondents, and each of them, cease and desist from in any manner interfering with , restraining, or coercing employees or prospective employees in their right to self-organization. On the basis of the foregoing findings of fact and upon the entire record in the case, the Trial Examiner makes the following: CONCLUSIONS OF LAW 1. Local 257, Brotherhood of Painters, Decorators and Paperhangers of America, AFL, is a labor organization within the meaning of Section 2 (5) of the Act. 2. William Doig, d/b/a William Doig & Son, is an employer within the mean- ing of Section 2 (2) of the Act. 3. By causing the said Employer to discriminate in regard to the hire and tenure of employment of applicants for employment and of Thomas E. Hughes in viola- tion of Section 8 (a) (3) of the Act, the Respondent labor organization and Respond- ent Surprenant, its business agent , have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (2) of the Act, and by restraining and coercing employees and applicants for employment in the exercise of rights guaranteed by the Act the said Respondents have also engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] 2 The questioning of Harry Doig , concerning the nature of that job , was all in the past tense. COIL WINDERS , INC., D/B/A NEW CASSELL ELECTRONICS and INTERNA- TIONAL UNION OF ELECTRICAL , RADIO AND MACHINE WORKERS, C.I.O., PETITIONER . Case No. 9-RC-6699. August 13,1954 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 Arthur Younger, 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. 109 NLRB No. 120. 828 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The labor organizations involved claim to represent' employees of the Employer. 3. The Employer and the Intervenor, Federal Labor Union, Local 21314, AFL, contend that their current contract, which was entered into on May 1, 1952, and by its terms is effective until April 30, 1955, constitutes a bar to the petition filed herein on March 26, 1954. How- ever, we find that this 3-year contract is not a bar to this proceeding.' We find, therefore, that a question affecting commerce exists concern- ing the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.2 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : All employees at the Employer's New Cassell, Long Island, New York, plant, excluding office clerical employees, guards, professional employees, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBERS PETERSON and BEESON took no part in the consideration of the above Decision and Direction of Election. i We reject as plainly without merit the Intervenor's contention to the effect that the contract should be viewed as a 1-year contract with a 60-day automatic renewal clause because it provides that "Either party . . . may, sixty . . . days prior to April 30, 1953 and April 30, 1954 have the right to take up the question of revision of any of the terms and conditions of this agreement." Member Murdock finds the contract to be no bar because it has been in effect for over 2 years and it has not been established that a substantial part of the coil manufacturing in- dustry, assuming that to be the industry involved in this case, is covered by contracts of 3 years' duration . General Motors Corporation, Detroit Transmission Division, 102 NLRB 1140; Republic Aviation Corp., 109 NLRB 569. Chairman Farmer and Member Rodgers agree that the contract is not a bar. However, they base their finding solely upon the fact that the contract has been in effect for more than 2 years. See their dissent in Republic Aviation Corp., supra. 2In viewof our disposition herein, we find it unnecessary to pass upon the schism issue raised by the Petitioner. CHRIST MILLER AND ANN MILLER, CO-PARTNERS , D/B/A C. M. TOOL & DIE Co.' and ANTHONY W. KLIEBHAN, PETITIONER and TOOL & DIE MAKERS LODGE No. 78, DISTRICT 10, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL. Case No. 13-RD-203. A ugust 13, 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 Joseph Cohen, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. i The name appears as amended at the hearing. 109 NLRB No. 123.