Illinois Grain Corp.

ILLINOIS GRAIN CORPORATION Illinois Grain Corporation, Employer-Petitioner and Brewery Workers, Dalu, Local 77 , AFL-CIO and Teamsters Local Union 770, IBT . Case 38-AC-16 January 20, 1976 DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND PENELLO Purusant to a 1959 representation election con- ducted among the employees of the Employer, Local Union No. 77, affiliated with the United Brewery, Flour, Cereal, Soft Drink and Distillery Workers of America, AFL-CIO (hereinafter United Brewery Workers), was certified in Cases 13-RC-6701 and 13-RC-67031 on September 16, 1959, as the exclu- sive bargaining representative of the employees in the appropriate unit .2 Thereafter, in 1973, the United Brewery Workers was expelled from the AFL-CIO and Local Union No. 77 took appropriate action to become a directly affiliated local union of the AFL- CIO. Pursuant to the Employer's filing of an AC pe- tition in Case 38-AC-143 on January 7, 1974, the Board issued a Decision and Amendment of Certifi- cation on February 8, 1974, in which the certification was amended to reflect Local Union No. 77's direct affiliation with the AFL-CIO. On September 18, 1975, the Employer filed a sec- ond AC petition. A hearing on the petition was held on October 16 and 17, 1975, before Hearing Officer Joy S. Kessler. Directly Affiliated Local Union No. 77, AFL-CIO (hereinafter DALU 77), opposed amendment of its certification on the grounds that it remains the functioning collective-bargaining repre- sentative of the employees in the certified unit. Teamsters Local Union 770, IBT, contended that the certification should be amended to designate it as collective-bargaining representative of the unit em- ployees since it, and not DALU 77, is currently re- presenting them. The Employer-Petitioner contend- ed that it filed the petition "to test the contention of the two unions involved." 4 Pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as 1 Not reported in volumes of Board Decisions. 2 The certified collective-bargaining unit is as follows All production and maintenance employees of the Company at its plant located at 1000 Wesley Road, Creve Coeur, Illinois, but excluding office clerical employees, guards, professional employees and supervi- sors as defined in the Act. 3 See fn 1 4 The Employer indicated at the hearing that it took no position on the merits. 495 amended, the Regional Director transferred the case to the National Labor Relations Board for decision, Thereafter, aDALU 77 and Teamsters Local Union 770 filed briefs with the Board. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding 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, the Board finds: On September 5, 1975, AFL-CIO President George Meany established a trusteeship over DALU 77 and named Philip Priola as trustee. On that date, Priola notified DALU 77's executive board of Presi- dent Meany's action. He also told the executive board that a membership meeting scheduled for Sep- tember 7 by the executive board for the purpose of voting on the issue of affiliation with the Internation- al Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America would be illegal under the provisions of the AFL-CIO constitution. Nevertheless, on September 7, the scheduled meet- ing was held. A majority of those employees present voted to disaffiliate from the AFL-CIO and to affili- ate with the Teamsters.5 Immediately following the vote to affiliate with the Teamsters, a formal request for recognition was made to the Employer on behalf of Teamsters Local Union 770.6 On September 18, 1975, the Employer filed the instant petition. Although Teamsters Local Union 770 is adminis- tered by the same officers as DALU 77 and contends that it will continue to administer the collective-bar- gaining agreements entered into between contracting employers and DALU 77, Trustee Priola and his de- puty, W. E. Roehl, argue that DALU 77 remains a functioning, viable organization. In this regard they have engaged in grievance and pension application processing and contract negotiation and execution since the establishment of the trusteeship? We agree that DALU 77 has continued to function under trusteeship and remains the collective-bargain- ing representative of the certified unit employees. Moreover, we find no evidence that the internal af- fairs of DALU 77 have in any way affected its capac- s DALU 77 represents approximately 750 employees. Fourteen of those employees are employed by the Employer and the remainder are employed by Newlun Transport, Borden's Dairy, Coca-Cola Bottling Company, Pekin Farmers Grain and Pabst Brewing Company Approximately one-third of the total membership attended the meeting and voted. 6 The Teamsters subsequently issued a charter to DALU 77 which for- mally designated it as Teamsters Local Union 770 7 Teamsters Local Union 770 concedes that no employer having a con- tract with DALU 77, including the Employer-Petitioner, is willing to deal with the Teamsters on matters of contract administration. 222 NLRB No. 77 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ity to represent the unit employees.' Where, as here, a certified, functioning collective-bargaining represen- tative is faced with a rival organization's claim to represent the employees in the certified unit, a ques- tion concerning representation is raised. It is well es- tablished that a question concerning representation may not properly be raised in an AC proceeding .9 8 Cf. Terminal Systems, Inc, 127 NLRB 979 (1960). 9 Cf North Electric Company, 165 NLRB 942 (1967), in which the Board stated, "In determining whether to grant a motion to amend a certification, we are guided by the general rule that such motions may not be granted when they raise a question concerning representation that can only be re- Accordingly, we shall dismiss this petition.10 ORDER It is hereby ordered that the petition filed herein be, and it hereby is, dismissed. solved by an election. Thus , we do not permit the amendment of a certifica- tion where the certified representative remains in existence and opposes the amendment." See also Mosler Safe Company, 210 NLRB 934 (1974); Uniroyal, Inc. Coated Fabrics Plant, 194 NLRB 268 (1971); Missouri Beef Packers, Inc Missouri Cartage Company, Inc, 175 NLRB 1100 (1969); Bed- ford Gear & Machine Products, Inc, 150 NLRB 1 (1964). is The current collective-bargaining agreement between the Employer and DALU 77 is effective through May 31, 1977. Our decision herein does not preclude the filing of appropriate representation petitions when permit- ted by our contract-bar rules. Missouri Beef Packers, Inc, supra at 1102.