New Jersey Porcelain Co.

790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Appendix 1. GROSS BACK PAY COMPUTATION 1948• Average Hours Quarterly Ambassador Venetian Blind Cc: Reg. OT Rate Gross Total 10/27-11/16---- --------------------------------- 170 5 $1 125 $79 31 11/17-11 /30------------------------------------ 70 ______ 1.175 82 25^ $353 91 12/1-12/31------------------------------------- 164 3 ______ _______ 192 3511 1949: 1/1-1/31 ------ -------------------------------- 136 5 ------ -------- 160 39 2/1-2/28--- ---------------------------------- 131 2 ______ ________ 154.16 477 24 3/1-3/31 - ----------------------------------- 132 8 ______ 1 225 162 69 4/1-4/30 --------------------------------------- 171 ______ ________ 209.48 5/1-5/31 --------------------------------------- 147 ______ ________ 180 08 589.24 6/1-6/30 -------------------------------------- 163 ______ ________ 199 68 7/1-7/31 -------------------------------------- 156 6 ______ _ 191 841 8/1-8/31 -------------- - - ------ ------------ 184 97 591.86 9/1-9/30 ---------------------------------- --- 214 99 10/1-10/24-------------------------------- -- 105 3 ______ ________ 129.00 Consolidated Interiors, Inc : 1 593 An 10/25-11/30- ------------------------------------ 210 3 11 257 69 12/1-12/31---------------------------------- 153 25 8 9 - ------- 207 11 1950. 1/1-1/31----- -------------------------------- 150 7 1 225 187 57 211-2/28-- -------------------------------------- 125 4 156 08 517.64 3/1-3/31--- ------------------------------------- 141 173 99 4/1-4/8----------------------------------------- 36 3 44 83 44 83 Total------- ------------------------------------------------------------------------ 3,168.46 Employees : Beatrice De Weese, Minnie Freeze, Katherine Irvin, Meta Possin, Pauline Real, Jean Sheppard , Bonita Walden San Fillipo , Kathleen Zeppa , June White (did not later transfer to Consolidated Interiors) 2 Beatrice De Weese, Minnie Freeze, Katherine Irvin, Meta Possm, Pauline Real, Jean Sheppard, Bonita Walden San Fillipo, Kathleen Zeppa , Kathryn Walberg (had worked for Ambassador Venetian Blind Co until October 1948) II. INTERIM EARNINGS Mrs. Irene Hamilton, 6090 Arlington, Richmond, California September 1949 ----------------------------------------------- $ 40.00 October 1949------------------------------------------------- 25.00 November 1949- ---------------------------------------------- 25.00 December 1949----------------------------------------------- 80.00 January 1950------------------------------------------------- 20.00 February 1950------------------------------------------------ 25.00 March 1950--------------------------=----------------------- 25.00 April 1950--------------------------------------------------- 60.00 NEW JERSEY PORCELAIN COMPANY, PETITIONER and INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO NEW JERSEY PORCELAIN COMPANY and INTERNATIONAL UNION OF ELECTRICAL , RADIO AND MACHINE WORKERS, CIO. Cases Nos. 4-RM-161 and 4-RC-2486. November 4, 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 Alan Zurlnick , hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 110 NLRB No. 119. NEW JERSEY PORCELAIN COMPANY 791 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. United Electrical, Radio and Machine Workers of America (UE) and UE Local 409, the Intervenors, herein called UE, contend that they have an existing contract with the Employer which bars this proceeding. The Employer and the Petitioner contend that the con- tract is no bar. On August 21, 1953, the UE and the Employer executed a contract to be effective until August 21, 1954. One section of this agreement provided that the contract "shall continue and remain in effect until August 21, 1954, and will continue in force thereafter unless and until either party hereto shall give the other Tarty sixty (60) days written notice of intention to terminate." An- other section following the section noted above provided that the contract "shall be considered as automatically extended from year to year on the expiration thereof, unless sixty (60) days notice is given by one party, to the other of intention to modify, alter or revoke the same." On June 9, 1954, the UE served a written notice upon the Employer that it wished to modify the contract. On August 20, 1954, after negotiations between the UE and the Employer, the con- tract was extended to September 3, 1954. Thereafter, on September 3, 1954, the contract was again extended to November 1, 1954, or until the Board certifies the bargaining agent. On August 23, 1954, the Employer filed its petition. The IUE filed its petition on September 8. 1954. On these facts, we conclude that the petitions are not barred by rea- son of the August 1953 contract. It is clear that, under the express notice provision with respect to modification, the request to modify the contract forestalled the automatic renewal thereof.' As a result, the contract in absence of a notice of termination 2 became on August 21, 1954, a contract of indefinite duration which, following immedi- ately upon a contract having a fixed term, does not bar a representa- tion proceeding.' Nor do the subsequent extensions of the original contract in this case constitute a bar. It appears that both extensions bear definite -expiration dates. Accordingly, we interpret these extensions as modi- fying the termination clause of the basic contract to eliminate the auto- matic renewal provision therein' Under the circumstances, the con- ' Castle Dome Copper Company, 80 NLRB 1, p 2. 2 The Intervenor contends that there has been no notice of termination . The Employer argues that the request to modify also constitutes a notice of termination. We find it unnecessary to determine the issue The Fuller Automobile Company, 88 NLRB 1452, p. 1453. -Lewis Fngineerang & Manufacturing Company, 100 NLRB 1353, p. 1355. 792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tract as extended is not a bar to a petition filed within a reasonable time before the expiration date .5 4. The parties stipulate and we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Tren- ton, New Jersey, plant, excluding all office clerical employees, guards, watchmen, professional employees, and all supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 5 The Pure Oil Company, 98 NLRB 139 , footnote 4; Lewis Engineering & Manufac- turing Company, supra. DOAK AIRCRAFT CO., INC., PETITIONER and INTERNATIONAL ASSOCIA- TION OF MACHINISTS, DISTRICT LODGE No. 720, AFL DOAK AIRCRAFT CO., INC. and BERENICE WOODS, PETITIONER and IN-I TERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE No. 720, AFL. Cases Nos. 21-RM-285 and 21-RD-211. November 4,1954 Decision and Direction of Election Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before' Max Steinfeld, 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 Petitioner in Case No. 21-RD-211, employee of the Em-- ployer, asserts that the Union is no longer the representative, as I The Union moved to adjourn the hearing on the ground that there was pending before the Board unfair labor practice charges filed by the Union. The Board's records show that at the time of the hearing the Regional Director had dismissed the charges, and that the General Counsel thereafter sustained the Regional Director 's dismissals. We therefore affirm the hearing officer's denial of the Union 's motion for adjournment. See Meridian Plastics, Inc., 108 NLRB 203; Mc Quay Incorporated, 107 NLRB 787. The' Union also moved to consolidate the representation and complaint cases, and . to adjourn. the hearing until the General Counsel acted on the Union's motion to consolidate these' cases. It is established Board practice to exclude all evidence relating to unfair labor practices from representation hearings . Dichello, Incorporated, 107 NLRB 1642; New, York Shipping Association and Its Members , 107 NLRB 364 . Moreover, as noted above, the unfair labor practice charges against the Employer have been dismissed. Accordingly, we affirm the hearing officer's denial of the Union's motion to consolidate the cases and to, adjourn the hearing. Cf. Northwestern Photo Engraving Company, 106 NLRB 1067;. Everett Plywood & Door Corporation, 105 NLRB 17. 110 NLRB No. 124.