Comtel Systems Technology, 287 (1991)

Extract

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Comtel Systems Technology, 287 (1991)

Comtel Systems Technology, Inc., Petitioner and

National Electronic Systems Technicians Union and Northern California Electronics Systems Contractors Association and International Brotherhood of Electrical Workers, Local 617, AFL-CIO, Intervenor. Case 20-RM-2710

September 30, 1991

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY, OVIATT, AND RAUDABAUGH

On July 27, 1989, a three-member panel of the National Labor Relations Board granted Comtel's request for review of the determination by the Regional Director for Region 20 that Comtel's petition for an election among its technicians is barred by the contract between the Northern California Electronics Systems Contractors Association (NCESCA), of which Comtel is a member, and the National Electronics Systems Technicians Union (NESTU). Thereafter, Comtel and NCESCA filed briefs with the Board.

The Board has considered the record in light of the request for review and briefs and has decided to reverse the Regional Director's decision, reinstate the election petition, and remand the case to the Regional Director for further processing.

I. FACTS

The parties stipulated at a hearing conducted in this case, that Comtel is a construction industry employer engaged in the installation of low-voltage electrical systems. Its work force, like that of the other employer-members of NCESCA, is a permanent and stable one1 Until May 31, 1988,2 Comtel had been party to numerous successive collective-bargaining agreements with International Brotherhood of Electrical Workers, Local 202 through its membership in the employer association NCESCA3 For reasons not related to the issues in this case, employees who had been represented by Local 202 decided to form a new union, and on May 24 they created NESTU4 On that date, three of Comtel's six technicians signed forms authorizing NESTU to represent them.5

On May 25, NESTU demanded bargaining with NCESCA, stating that it represented a majority of the employer-members' employees and other former Local 202 members. NESTU reduced its claim of majority repres...

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