Home Curtain Corp.

336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD HOME CURTAIN CORP., REX CURTAIN CORP., SUPERBA PLASTICS CORP: and GREATER NEW YORK JOINT BOARD, TEXTILE WORKERS UNION OF AMERICA, CIO, PETITIONER. Case No. 2-RC-67OO. January 27,. 1955 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Julian J. Hoffman, 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-mem- ber panel [Members Murdock, Peterson, and Rodgers]. 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 Petitioner seeks a unit of the Employer's production, main- tenance, shipping, packing, and receiving employees. These em- ployees are covered by a contract between the Employer and the Inter- venor, which is effective from June 1, 1952, to June 1, 1955, with pro- vision for automatic renewal for yearly periods thereafter. The Em- ployer and the Intervenor contend that this 3-year contract, although in effect for almost 2 years, is nevertheless a bar to an election, becau% a substantial part of the industry involved is covered by 3-year con- tracts, and therefore the 3-year contract here is one of reasonable dura- tion for contract-bar purposes under the test established in the Gen- eral Motors case z The Petitioner contends that the evidence will not support a finding that a substantial part of the industry involved is covered by 3-year contracts, and therefore that the 3-year contract here is one of unreasonable duration and no bar to an election at this. time., The Employer manufactures curtains and allied products in the metropolitan New York City area. There are 7,000 to 8,000 employees employed in this industry in this area, and 3,500 to 4,000 employees 'Home Decorative Crafts Workers , Local 601 , Upholsterers International Union of North America , AFL, herein called the Intervenor, intervened on the basis of its current contract with the Employer covering the employees involved herein. 2 Cenei al Jtoto, s Co pm atton (31tlwaukee Plant), A. C Spark Plug D vision, 102 NLRB 1139 9 See Ke, stetter Silk Throwing Co., Inc, 103 NLRB 335. 111 NLRB No. 54. MIDWEST RADIO-TELEVISION, INC. 337 employed in this industry in the rest of the United States. Approxi- mately 4,400 of the 7,000 to 8,000 metropolitan New York City area employees are organized, with about 3,500 employees of 70 employers being covered by 3-year contracts, and about 900 employees of 10 em- ployers being covered by contracts of 2 years' duration or less. Most, but not all, of the 3,500 to 4,000 employees elsewhere in the United States are organized, with no evidence on the duration of the contracts most of them are covered by, and with evidence that 400 or 500 em- ployees of 9 employers are covered by contracts of 2 years' duration or less. Thus, in the metropolitan New York City area, which is the major center of the industry in the United States, approximately 80 percent of the organized employees are covered by 3-year contracts, and close to 50 percent of all employees in that area are covered by 3-year contracts. Moreover, on a nationwide basis, at least 40 percent of the organized employees in the industry are covered by 3-year con- tracts, and at least 30 percent of all employees in the industry are cov- ered by 3-year contracts. In view of these facts, we find that, on a nationwide basis as well as on a metropolitan New York City basis, a substantial part of the cur- tain and allied products manufacturing industry is covered by 3-year contracts, and therefore that the instant 3-year contract is of reason- able duration and a bar to a present election.' Accordingly, we shall dismiss the petition." [The Board dismissed the petition.] MEMBER RODGERS, dissenting : For the reasons stated in the dissenting opinion in Republic Avia- tion Corp., 109 NLRB 569, I would direct an election in this case. 4 See Republic Aviation Corp , 109 NLRB 569 5 In view of this disposition , we need not pass upon the issue as to how the appropriate unit should be geographically defined. MIDWEST RADIO-TELEVISION, INC. and INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA, AFL, PETITIONER. Case No. 18-RC-2360. January 27,1955 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 Max Rotenberg, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 111 NLRB No. 55.