Mohawk Business Machines Corp.

168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD W. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III, above, occurring in con- nection with the operations of the Respondent described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE REMEDY Having found that the Respondent has engaged in certain unfair labor practices, I shall recommend that it cease and desist therefrom and that it take certain affirma- tive action designed to effectuate the policies of the Act. In view of the nature and extent of the unfair labor practices committed, including surveillance of attendance at a union meeting, fostering the impression of surveillance , and threats to close the plant if the employees selected the Union to represent them , I am persuaded that the Respondent's conduct indicates a purpose to defeat the self-organization of its em- ployees and that a danger exists that in the future the Respondent , unless restrained, will engage in other unfair labor practices . Accordingly, in order to make effective the interdependent guaranties in Section 7 of the Act, I shall recommend that the Respondent cease and desist from, in any manner, infringing upon the rights guar- anteed in said section. Cf. L. C. Products, Inc., 112 NLRB 872. Upon the basis of the above findings of fact, and upon the entire record in the case, I make the following: CONCLUSIONS OF LAW 1. The Union is a labor organization within the meaning of Section 2 (5) of the Act. 2. By interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is en- gaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 3. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. 4. The allegations that the Respondent engaged in unfair labor practices within the meaning of Section 8 (a) (3) of the Act have not been sustained. [Recommendations omitted from publication.] Mohawk Business Machines Corp. and Local 431, International Union of Electrical, Radio, and Machine Workers, AFL-CIO, Petitioner.' Case No. 2-RC-7494. June 17,1957 DECISION AND DIRECTION OF ELECTION Upon petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Arthur A. Greenstein, 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 organization involved claims to represent certain em- ployees of the Employer. 1 The name of the Petitioner appears as amended pursuant to paragraph numbered 3. of our decision herein. 118 NLRB No. 23. MOHAWK BUSINESS MACHINES CORP. 169 3. The petition was filed herein by Local 430, United Electrical, Radio and Machine Workers of America, UE.2 At the hearing, the Petitioner moved to amend its name to Local 431, International Union of Electrical, Radio, and Machine Workers, AFL-CIO. In support of its motion the Petitioner presented evidence that the members of Local 430, UE, at a membership meeting held between the date of the petition and the date of the hearing, voted to disaffiliate from UE and affiliate with TUE. All officers of Local 430 occupied the same offices in Local 431 and the latter local retained the same business office, treasury, and contracts. The Employer objected to the motion to amend the name of the Petitioner, and moved to dismiss the petition on grounds pertaining to the Petitioner's showing of interest; in the alternative, it requested an administrative determination as to whether Local 431, IUE, had presented authorization cards showing a 30-percent interest in the unit petitioned for.' The Petitioner contended it is in every respect the same Union, except for the change in name, and is therefore not required to present a new showing of interest. We find no merit in the Employer's objection to the motion to amend the name of the Petitioner to reflect its new affiliation. The motion is therefore granted. On the other hand, we agree with the Employer that the authorization cards submitted at the time of the filing of the petition, which were signed by employees when the Petitioner was affiliated with UE, are not indicative of those em- ployees' wishes as to representation by the Petitioner as an affiliate of IUE. In order, therefore, to obviate the holding of an election which might otherwise prove to be a useless expense, we shall require the Petitioner to present a new showing of interest within 10 days from the date of this Decision and Direction of Election,4 indicating that at least 30 percent of the employees in the unit hereafter found appro- priate have designated the Petitioner, as an affiliate of IUE, as their bargaining representative.' If the Petitioner fails to present such a. showing, the Regional Director shall advise the Board to that effect; the Board will thereupon vacate its Direction of Election herein and dismiss the petition. 4. We find, in accordance with the agreement of the parties, that. the following unit is appropriate for purposes of collective bar 2 The petition was supported by an adequate showing of interest designating Local 430, UE. 3 The Employer also moved to dismiss the petition on the ground that Local 430, UE, is out of compliance with Section 9 (f), (g), and ( h) of the Act. We find no merit in this contention as it is well settled that this is an administrative matter, not litigable in a representation proceeding . Moreover, we are administratively satisfied that the Peti- tioner is in compliance. a Westinghouse Radio Stations, Inc., 107 NLRB 1407, 1411. 5 To the extent that they are inconsistent herewith , The Great .4tiaatic i Pacific Tea Company, 113 NLRB 865; Westinghouse Electric Supply Company, 83 NLRB 174; and Dolese Bros . Co., 65 NLRB 1124, are hereby overruled. 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaining within the meaning of Section 9 (b) of the Act: All pro- duction and maintenance employees at the Employer's Brooklyn, New York, recording devices manufacturing plant, including ship- ping and receiving employees; but excluding office clerical and pro- fessional employees, guards, watchmen, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] AIFIIBER MURDOCK, dissenting in part: I dissent from the majority's decision insofar as it requires the Petitioner to submit a new showing of interest before an election will be held. Upon the basis of the record in this case, I am convinced that the Petitioner has maintained its identity as a labor organization not- withstanding its change in affiliation since the petition was filed. There is nothing to suggest that the change in affiliation was not in accord with the desires of the employees in the appropriate unit. Ac- cordingly, I would, for reasons set forth in the majority opinion in The Great Atlantic ct Pacific Tea Company, 113 NLRB 865, direct the holding of an immediate election on the basis of the showing of interest submitted by the Petitioner at the time it filed its petition. MEMBER BEAN took no part in the consideration of the above Decision and Direction of Election. Controls Company of America, Schiller Park Plant and Interna- tional Union, United Automobile, Aircraft & Agricultural Im- plement Workers of America, AFL-CIO, Petitioner. Case No. 13-RC-5330. June 17,1957 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 Rush F. Hall, hearing officer. The hearing officer's rulings 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 em- ployees of the Employer.' 'At the hearing, International Association of Machinists, AFL-CIO, herein called IAM, intervened on the basis of a card showing of interest. 18 NLRB No. 22.