Lindmart Jewelry Mfg. Co.

LINDMART JEWELRY MFG: CO. 651 Hiring and employment of Limous Turner and any other person by said Kauf- man Company, without prior or subsequent clearance, approval, or cards from us or either of-us. The undersigned labor organization will make Limous Turner whole for any loss of pay he may have suffered as a result of the discrimination against him. LOCAL 1408, 1408-A, AND 1597, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, INDEPENDENT, Labor Organization. Dated------------------- By------------------------------------------- (Representative ) (Title) ------------------------------------------- (DACE KENNEDY) Dated------------------- By------------------------------------------- (Representative ) (Title) This notice must remain posted for 60 days from the date hereof, and must not be .altered, defaced, or covered by any other material. Lindmart Jewelry Mfg. Co.' and Watch & Jewelry Workers Union Local 147, RWDSU, AFL-CIO and Workers of The Lindmart Jewelry Company, Petitioners and Production Work- ers Union Local 48, U. I. U. Cases Nos. 3RC-9149 and 2-RD- 368. December 3,1957 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, a consolidated hearing was held before a hearing officer of the National Labor Relations Board. 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 National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Rodgers, Bean, and Jenkins]. Upon the entire record in this case, the Board finds : 1. The employer is engaged in commerce within, the meaning of ,thee,Nationah-Lear -Relations^`Act. 2. The labor organizations named below claim to represent cer- tain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act .2 4. 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: I As amended at the bearing. 2 The Petitioners in Case No . 2-RD-368, employees of the Employer, assert that the Union, the currently recognized bargaining representatives of the employees designated in the petition , is no longer the bargaining representative as defined in the Act. The Union contends that its current contract is a bar to the petitions . However, that contract, in,addttion,to -permissible , uniiau,se rrtyipro^isiens, inolndes , a,furttherprovision 119 NLRB No. 92. 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All production, maintenance, and shipping employees of the Em- ployer at its New York, New York, plant, excluding office clerical employees, guards, watchmen, professional employees, and supervisorss, as defined in the Act. [Teat of Direction of Election omitted from publication.] that employees will receive a 5-cent per hour increase upon joining the union. Such a. provision goes beyond what the Act permits , and for this reason we find the contract not to bar these petitions . The Union offered to prove that the intent of the clause was, other than what appeared , but where the meaning of terms in a contract is clear they cannot be varied by reference to extrinsic matters. In view of our finding herein that the union -security provision prevents the contract from being a bar, we feel it unnecessary to pass on the other question raised by the Petitioner that the contract is not a bar because of the inclusion of an illegal checkoff' provision therein. Oregon Teamsters' Security Plan Office and William C. Earhart,. Administrator thereof, and of Teamsters Security Administra - tion Fund ; and Warehousemen Local No. 206, affiliated with the International Brotherhood of Teamsters, Chauffeurs,. Warehousemen and Helpers of America, AFL-CIO and Inter- national Brotherhood of Teamsters, Chauffeurs, Warehouse-- men.. and Helpers of America, AFL-CIO and Teamsters. Building Association , Inc. and International Brotherhood of- Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, and its Local No. 223 , Grocery, Meat, Motorcycle and Miscellaneous Drivers and Warehousemen Local No. 206,. affiliated with the International Brotherhood of Teamsters,. Chauffeurs, Warehousemen and Helpers of America, AFL-CIO and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO and Joint Council of Drivers, No. 37 and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer- ica, AFL-CIO, and its agents, John J . Sweeney, and Oregon Teamsters' Security Plan Office, and William C. Earhart, Ad- ministrator thereof, and of Teamsters Security Administration Fund and Office Employes International Union, Local No. 11. Cases Nos. 36-CA-410, 36-CA-637, 36-CA-638, 36-CA-639, 36- CA-647, and 36-CA-648. December 4, 1957 FINDINGS AND ORDER DENYING PETITION On October 30,1957, the Board issued a Supplemental Decision and Order 1 in the above-entitled proceeding. Thereafter, on November 12, 1957, Oregon Teamsters' Security Plan Office and William C. Earhart, administrator thereof, filed a petition for reconsideration of 1119 NLRB 207. 119 NLRB No. 91.