Arma Engineering Co.

In'the Matter of ARMA ENGINEERING COMPANY and CoMMITTEE FOR `INDUSTRIAL ORGANIZATION • ' ' In the Matter of ARMA ENGINEERING COMPANY and UNITED INSTRU- MENT WORKERS, LOCAL INDUSTRIAL UNION No. 238, AFFILIATED WITH THE COMMITTEE FOR INDUSTRIAL ORGANIZATION Cases Nos.I C-605 and R-723 ORDER VACATING DIRECTION OF ELECTION- AND DISMISSING PETITION December 5, 1941 On August 17, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, I Order, ; and Direction of Election in the above-entitled consolidated proceedings.' The Board there held,, in part, that Arma Engineering Company, herein called the Company, had dominated and interfered with the formation and administration of, .and had contributed support to a labor organization known as Independent Instrument Makers & Machinists Council, herein called the Council. The Company was ordered to withdraw recognition from the Council and to disestablish it as the representative for col- lective bargaining purposes of any of the Company's employees. The Board also directed that an election be held among the Company's hourly paid factory and production employees to determine whether or not they desired to be represented for the purposes of collective bargaining by United Instrument Workers, Local Industrial Union No. 238, affiliated with the Committee for Industrial,, Organization, herein called the C. I. O. Because of the findings as to the Company's unfair labor practices, including its domination and support of the Council, no provision was made in the Direction of Election for the Council's name to appear on the ballot in the election, and the conduct of the election was postponed until a time thereafter to be fixed by the Board. -, On July 23, 1941, the United States Circuit Court of Appeals for the Second Circuit denied enforcement of the provisions of the Board's 'Matter of Arma Engineering Compaity and Committee for Indl!xtrial ` Organization, 14 N. L. R. B. 736. 37 N. L. R B, No. 54. 328 ARMA ENGINEERING COMPANY 329 Order directing disestablishment of and withdrawal of recognition from the Council.2 The time within which petitions for certiorari might be filed has expired, and the decree entered upon the decision of the Circuit Court of Appeals is therefore final. There is now no reason for,excluding the Council from any election held among employees of, the Company in an appropriate unit, but we believe it inadvisable, in view of the; substantial lapse of time, to proceed on the.basis of the petition for investigation and certification of representatives which was filed by the C. I. O. on July 27, 1937. The Direction of Election -issued on August 17, 1939, will therefore be vacated, and the petition filed by the C. I. O. will be dismissed without prejudice to the filing of a petition hereafter in accordance with Article III, Section 1, of National Labor Relations Board Rules and Regulations-Series 2, as amended. The Board having been fully advised in the premises and having duly considered the matter, - IT Is HEREBY ORDERED that the Direction of Election issued in this matter on August 17, 1939, be, and it hereby is, vacated; and IT IS HEREBY FURTHER ORDERED that the petition for investigation and certification of representatives, filed in Case, No. R-723 by United Instriffhent WOrkers,'Local Industrial Union No..238,'affiliated with the Committee for Industrial Organization, be, and it hereby is, dismissed without prejudice. •2National Labor Relations Board v. Arma Corporation , 122 F. ( 2d) 153 (C. C. A. 2, July 23, 1941). r