Lloyd A. Fry Roofing Co.

LLOYD A. FRY ROOFING COMPANY 587 Labor Relations Board in Case No. 2-RC-8452, or any other certification. by the Board of a bargaining ' representative other than the undersigned labor organization, we will not engage in, or induce or encourage the employees of Packard Knitwear, Inc., or of any other employer, to engage , in, a strike or concerted refusal in the course of their employment to use , manufacture, process, transport, or otherwise 'handle or work on, any goods, articles, ma- terials, or commodities, or to perform any services, where an object thereof is to force or require Packard Knitwear, Inc., to recognize or bargain with 'the 'undersigned Union in the collective -bargaining unit of employees covered by such certification. KNITGOODS WORKERS UNION, LOCAL 155, INTER- NATIONAL LADIES' GARMENT WORKERS' UNION, AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative ) (Title) This notice must remain posted for 60 consecutive days from the date hereof, and must not be altered, defaced, or covered by any other material. Lloyd A. Fry Roofing Company and International Brotherhood of Papermakers, AFL-CIO,. Petitioner. Case No. 39-RC-1085. July 10,1957 ORDER AMENDING CERTIFICATION OF REPRESENTATIVES Pursuant to a Board Decision and Direction of Election 1 an election was held among the Employer's production and maintenance em- ployees on December 12, 1956.. Thereafter on February 7, 1957, the International Brotherhood of Papermakers, AFL-CIO, herein called IBPM, having received a majority of the valid votes cast in the election was certified as the exclusive representative of the above employees? Thereafter, on March 18,1957, the United Papermakers and Paper- workers, AFL-CIO, herein called UPP, successor to the IBPM and United Paperworkers of America, AFL-CIO, herein called UPA, filed a motion with the Board requesting that the aforementioned certification be amended by substituting thejnanleof the UPP in place and in stead of the IBPM. The Employer opposes the motion to amend the certification, in substance, on the grounds that: (1) The Board is without authority to amend the certification; (2) the em- ployees have a right to select their own representative; (3) the UPP is a new and different labor organization than the IBPM selected by I Case No. 39-RC-1085, not reported in the printed volumes of the Board 's Decisions and Orders. 2 Following the election the Employer filed objections to the conduct affecting the results of the election. The Regional Director investigated the objections and on January 17, 1957, filed his report recommending that the objections be overruled . As no exceptions to the Regional Director's report were filed , the Regional Director's report was adopted , and the objections were overruled. 118 NLRB No. 69. 588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the employees; and (4) the Employer's employees had no voice at the merger convention. The Board has duly considered the motion and countermotions.3 The IBPM and the UPA at their respective special conventions held in Chicago, Illinois, on March 4 and 5,1957, duly called, approved the terms of an agreement for merger and an implementation agree- ment theretofore negotiated by the international officers of the IBPM and UPA. These agreements provided for the combination and con- tinuation of IBPM and UPA as the UPP, with the UPP assuming all of the assets and liabilities of the IBPM and UPA and the bargaining rights, privileges, duties, and responsibilities of the existing collective- bargaining agreements and certifications of the IBPM and UPA to be vested in the UPP. At its first constitutional convention of the UPP held on March 7, 1957, the constitution and bylaws of the newly formed UPP were adopted. The two unions were of comparable size and the officers of UPP are composed of the former officers of the IBPM and UPA. It is further noted that the IBPM, and not a local, was certified to represent the employees. It is apparent from the above that the UPP (the consolidated group) was intended to function as a continuation of the IBPM and UPA, its two constituent unions, and the consolidation would there- fore not impair any of their certifications 4 [The Board amended the certification of representatives by sub- stituting therein United Papermakers and Paperworkers, AFL-CIO, for International Brotherhood of Papermakers, AFL-CIO.] s The following motions and countermotions were filed by the parties : On March 18, 1957, the UPP filed a motion to amend the certification ; on March 25, 1957, the Employer by telegram opposed the motion to amend the certification ; on April 1, 1957, the Employer filed a motion to deny the amendment to the certification ; on April 10, 1957, the UPP filed a supplemental motion to amend the certification ; on April 24, 1957, the Employer filed an answer to the supplemental motion to amend the certification. 4 We find no useful purpose would be served by holding a bearing as alternatively re- quested by the Employer , and for the reasons stated in Union Carbide and Carbon Corpo- ration v. N. L. R. B., 244 F. 2d 672 (C. A. 6), decided May 14, 1957, we shall grant the UPP's motion, and amend the certification accordingly. Technicolor New York Corporation and Motion Picture Labora- tory Technicians, Local 702, International Alliance of Theatri- cal Stage Employees and Moving Picture Machine Operators of the United States and Canada, AFL-CIO, Petitioner. Case No. 2-RC-8738. July 10, 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 Aaron Weissman, hearing 118 NLRB No. 68.