Arthur C. Harvey Co.

338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. A 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. 4. The parties are in agreement as to the composition of the unit. Accordingly, we find that all employees who work on dies or parts of dies used in the manufacture and completion of forgings at the Venus Die Engineering Company, Dearborn, Michigan, excluding office and plant clerical employees, professional employees, guards, and super- visors as defined in the Act, constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from -publication.] ARTHUR C. HARVEY COMPANY and LOCAL 379, INTERNATIONAL BROTH- ERIIObD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER. Case No. 1-RC-3497. October 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 Lepie, hear- ing 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 organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section t (c) (1) and Section 2 (6) and (7) of the Act for the following reasons: The Employer contends that its contract with the Arthur C. Harvey Association, an independent labor organization, is a bar to this pro- ceeding. The Petitioner contends that, because the Association is now completely defunct, the contract is no bar. The Employer and the Association entered into a contract, effective from July 1, 1953, to June 30, 1955, and thereafter subject to auto- matic renewal. The record shows that all 56 employees in the con- tractual unit comprised the membership of the Association. At a regular meeting on December 1, 1953, attended by 50 members, the members voted 39 to.1 to disband the Association. Although rival' CIO and AFL representatives addressed the membership of the As- sociation at this meeting, there is no showing that these representa- 110 NLRB No. 48. ALMA PISTON COMPANY 339 tives had a part in the dissolution vote of the Association. On the contrary, the CIO and AFL representatives left before the business part of the meeting. Moreover, this dissolution vote was later con- firmed by unanimous vote of all 47 members present at a special meet- ing called for such purpose on December 13, 1953, at which the CIO and AFL representatives were not present. Since that time, the Association has had no officers or funds. No dues have been collected or grievances processed, and all 56 former Association members have now joined the Petitioner. In view of the foregoing, we conclude that the Association is defunct. Under all these circumstances, we find that the existing contract is not a bar to, the petition. I The Employer contends that if the Board directs an election at this time such election be directed solely for the purpose of allowing the employees in the unit to determine whether they desire to select the Petitioner as their exclusive bargaining representative for the purpose of administering the existing contract. We do not find it necessary to pass upon this issue in a representation proceeding for the reasons set forth in Boston Machine Works Company. 2 4. The following employees of the Employer constitute a unit ap- propriate for purposes of collective bargaining within the meaning of section 9 (b) of the Act : All warehouse employees and chauffeurs at. the Employer's Boston, Massachusetts, plant, excluding office and clerical employees, sales and shipping office employees, sales trainees, administrative employees, professional employees, guards, and super- visors as defined in the Act. 3 [Text of Direction of Election omitted from publication.] I Universal Utilities, Inc., 108 NLRB 58; C d D Batteries, Inc., 107 NLRB 1405; Benja- mi,s _4ir Rifle Company, 107 NLRB 104. 2 89 NLRB 59. While agreeing with the majority decision on this aspect of the case, Chairman Farmer deems the issue presented here substantially different from that of the Boston Machine case , and therefore finds it unnecessary now to express any opinion as to the rule of that decision . Members Rodgers and Beeson bei.eve that , under the circum- stances of this case, if the Petitioner is certified as a result of the election directed herein, it should be deemed to assume the rights and obligations conferred by the existing contract. 8 The unit is described in accord with the agreement of the parties. ALMA PISTON COMPANY and INTERNATIONAL UNION, UNITED AUTOMO- BILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, (UAW-CIO). Cases Nos. 7-CA-727, 7-CA-758, and 7-CA-763. October 18,19541 Decision and Order On April 9,1954, Trial Examiner Lee J. Best issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices, in 110 NLRB No. 51.