Federal Electric Corp., 469 (1967)

National Labor Relations Board

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Federal Electric Corp., 469 (1967)

FEDERAL ELECTRIC CORPORATION

Federal Electric Corporation and Office and Professional Employees International Union , AFL-CIO and Communications Workers of America, Local 6222, AFL-CIO, Intervenor and Party to Contract. Case 23-CA-2429

September 19, 1967 DECISION AND ORDER

BY CHAIRMAN MCCULLOCH AND MEMBERS

FANNING AND ZAGORIA

On May 18, 1967, Trial Examiner Harold X.

Summers issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. The Trial Examiner further found that the Respondent had not engaged in certain other unfair labor practices alleged in the complaint, and recommended that those allegations be dismissed. Thereafter, the Respondent and the Intervenor filed exceptions to the Trial Examiner's Decision and briefs in support thereof.

Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel.

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner only to the extent consistent herewith.' The relevant facts are for the most part not in dispute. They show that Data Duplicators, Inc., referred to herein as Data, is a small, closely held Texas corporation with its principal office located in South Houston. It is primarily engaged in rendering printing and reproduction services to local commercial concerns, and had also performed some 'overflow' printing services at its plant for the Manned Spacecraft Center of the National Aeronautics and Space Administration located in Houston. About a year prior to the events here in issue, Data's contract with NASA was amended to provide that Data would supply personnel to man the government-owned quick-copy reproduction machines located 'on-site' at the Manned ' The Respondent has requested oral argument As the record, including the exceptions and briefs, adequately sets forth the issues and the positions of the parties , the request is hereby denied 167 NLRB No. 63

469

Spacecraft Center, compensation for this work to be made by NASA on the basis of a fixed fee.

In March 1966, the Charging Party, Office and Professional Employees International Union,

AFL-CIO, referred to herein as OPE, sought an election in a unit of Data's reproduction employees at the Manned Spacecraft Center. Data opposed the election on the ground that it was untimely as Data expected to discontinue the 'on-site' services within 4 months, and that the proposed unit was inappropriate as it did not include the employees doing the same work at Data's South Houston plant. The Regional Director rejected both of these contentions; the election wa...

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