Calorator Manufacturing Corp.

704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Calorator Manufacturing Corp . and Arthur Carlson, Petitioner and Mattress, Spring & Bedding Workers, Local No. 691. Case No. 01-RD-4944. November 17, 1960 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. His rulings made at the hearing are free from prejudicial error and are affirmed. Pursuant to Section 9(b) of the National Labor Relations Act, the Board has delegated its powers herein to a three-member panel [Members Rodgers, Jenkins, and Kimball]. Upon the entire record, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization named below claims to represent certain employees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within Sections 9(c) (1) and 2 (6) and (7) of the Act.' 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within Section 9(b) of theAct: I All production and maintenance employees at the Employer's Los Angeles, California, plant, including laborers, welder-experienced, welder-inexperienced, and all other classifications, but excluding re- ceiving and shipping department employees, truckdrivers, office cleri- cal employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] i The Petitioner , an employee of the Employer, asserts that the Union is no longer the bargaining representative of the employees , although currently recognized by the Employer. New Furniture & Appliance Drivers, Local 196 (not named in the petition), intervened on the basis of a current contract covering drivers and warehouse personnel As the appropriate unit herein does not include drivers and warehousemen , who have been bar- gained for separately and as the Teamsters have not made a showing of interest in the appropriate unit, we shall not place its name on the ballot Z The Union asserts as a bar to this proceeding its current contract which contains the following provision : "XIX SUB-LETS-In the event that the Employer discontinues any of his manufacturing processes during the life of this Agreement and sub-lets this work to another firm, the EMPLOYER agrees that in that event the work will be performed by a firm under contract with an International Union , if available and comparable in quality." In our opinion, this provision contravenes Section 8 ( e) of the Act , as amended, and, under our holding in Pilgrim Furniture Company, Inc , 128 NLRB 910, the con- tract cannot bar an election herein. 3An appropriate unit in a decertification petition must conform to either the recog- nized unit or a certified unit As the recognized Union herein represents a contract unit which does not include shipping and receiving department employees or truckdrivers, we shall exclude them and direct an election in the recognized unit, which the Petitioner agreed to accept as an alternative 129 NLRB No. 82.