Ellicotr Machine Corporation And United Electrical, Radio & Machine Workers Of America-cio, 732 (1944)

In the Matter of ELLICOTr MACHINE CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA-CIO Case No. 5-R-14?7.-Decided January 21, 1944 Mr. William D. MacMillan, of Baltimore, Md., for the Company.

Mr. Leon Deane, of Baltimore, Md., for the Union.

Mr. Robert E. Tillman, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America-CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Ellicott Machine Corporation, Baltimore, Maryland, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert A.

Levett, Trial Examiner. Said hearing was held at Baltimore, Maryland, on November 24 and 26, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The rulings of the Trial Examiner made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board.

The Company moved at the hearing to dismiss the Union's petition.

Ruling on the motion was reserved for the Board. In view of the findings made in Sections III and IV, infra, the motion is hereby denied.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Ellicott Machine Corporation, a Maryland corporation, operates a plant in Baltimore, Maryland, where it is engaged in the manufacture 732 733 of heavy machinery. In its operations the Company uses raw materials consisting chiefly of iron and steel products. During the year 1943 the value of such raw materials purchased by the Company was approximately $1,000,000, of which approximately 85 percent was shipped to the Company from points outside the State of Maryland. During the same period the value of the Company's finished products exceeded $1,500,000, of which 98 percent was delivered to, the United States Government. The Company admits that it is engaged in commerce within the meaning of the Act.

2. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION The Union heretofore filed a petition and amended petitions in Case No. 5-R-1271, and participated in a consent election conducted among the Company's employees on June 24, 1943, which it lost. The parties have stipulated that subsequent to that election the Union has made no formal request of the Company for recognition as the collective bargaining representative of the Company's employees, but that, had such a request been made, the Company would have refused to extend recognition.

   The Company now contends that the Union's petition in the instant case should be dismissed because (1) the prior consent election is a bar, (2) the prior consent election was arbitrarily and illegally set aside by the Regional Director, and (3) before the Board proceeds with the present representation proceeding, two complaint proceedings filed against the Company by the Union and subsequently withdrawn without prejudice, should be permanently disposed of.

   That the prior consent election is not a bar to the present determination of any question concerning representation in the instant case, is a matter well-settled by previous Board decisions, which have held, in effect, that even though a petitioner has recently lost a consent election, nevertheless, where no representative was chosen and the petitioner makes a substantial showing of representation on the basis of current authorizations, the Board will entertain and proceed with a petition seeking a certification of representatives.1 In the aforesaid 1 See Matter of Wagner Electric Co.,

   Company, 741; Matter of Southport Petroleum Company of Delaware,

   Matter of New Yorl Central Iron Works, Iagerstown, Maryland, and Matter of Chrysler Corporation,

   DECISIONS OF NATIONAL LABOR RELATIONS BOARD consent election, no representative was chosen. A statement of a Field Examiner of the...