Rocky Mountain Chapter of National Electrical Contractors Association

YALE UNIVERSITY Rocky Mountain Chapter of National Electrical Contractors Association, Employer-Petitioner and International Brotherhood of Electrical Workers, Local No. 68 . Case 27-RM-303 August 11, 1970 DECISION AND ORDER BY MEMBERS FANNING, MCCULLOCH, AND BROWN Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Charles A. Fisher, of the National Labor Relations Board. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations , Series 8 , as amended, by direction of the Regional Director for Region 27, the case was transferred to the Board for decision. Thereafter, the parties filed briefs with the Board. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connec- tion with this case to a three-member panel. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby af- firmed. Upon the entire record in this case, including the briefs filed herein, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the policies of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain employees of the Employer. 3. No question affecting commerce exists con- cerning the representation of employees of the Em- ployer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act for the following reasons: As we understand the positions of the parties, the Union has disclaimed an interest in representing employees in either the five-employer unit specifi- cally petitioned for,' or in a larger unit of re- sidential wiring firms alluded to by the parties at the end of the hearing and again in their briefs 2 863 and the Employer has apparently urged that we recognize and give effect to the Union 's disclaimer. Under these circumstances, we find no question of representation as to any units alleged by the Em- ployer to be appropriate.3 Further, even if we were to assume arguendo the presence of a question concerning representation, on the state of this record the petition would nevertheless have to be dismissed as not encom- passing an appropriate unit . Thus , the unit specifi- cally petitioned for, i .e., residential wiremen em- ployed by five named employers, is not coextensive with the scope of the previous multiemployer unit, for whether limited to companies engaged in re- sidential wiring, as the Employer asserts , or con- sistent with the unit of employers engaged in com- mercial wiring , as the Union claims , at a minimum the residential unit encompassed many employers of residential wiremen not included in the petition herein. The record does not affirmatively show that the otherwise fragmented multiemployer unit requested here is appropriate on any other basis. Accordingly, and without reaching the other is- sues posed and briefed by the parties, we shall dismiss the petition. ORDER It is hereby ordered that the petition in Rocky Mountain Chapter of National Electrical Contrac- tors Association, Case 27-RM-303, be, and it hereby is, dismissed. ' All residential wiremen, including working foremen employed by Amco Electric Company and Grebb Electric Company, both of Denver, Colorado, Blair Electric , Inc , and Empire Electric, Inc , both of Broom- field, Colorado, and Hastings Electric Company , of Littleton , Colorado, who have signed a letter of assent to be bound by the residential agreement between Rocky Mountain Chapter NECA , Inc , and Local Union 68, Inter- national Brotherhood of Electrical Workers, excluding office clericals and all guards, professional employees , and supervisors as defined in the Act, and all employees covered by the commercial agreement dated April 1, 1965, as amended in 1967 and 1968 2 This larger unit apparently consists of all residential wiremen employed by all employers previously subject to the terms of the 1968 "residential" of "January I " agreement between Rocky Mountain Chapter NECA, Inc , and Local 68 ' Compare Horseshoe Club Operating Co dlbla Horseshoe Hotel, 172 NLRB No 198 184 NLRB No. 104