Porcelain Steels, Inc. And International Association Of Machinists, District 54 (a. F. Of L.), 1235 (1943)

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Porcelain Steels, Inc. And International Association Of Machinists, District 54 (a. F. Of L.), 1235 (1943)

In the Matter of PORCELAIN STEELS, INC. and INTERNATIONAL AssOCIATION OF MACHINISTS, DISTRICT 54 (A. F. OF L.) Case No. C-2303.-Decided January 20, 1943 Jurisdiction: porcelain enameled tank manufacturing industry.

Unfair Labor Practices:

Interference, Restraint, and Coercion: questioning applicants for employment concerning their union affiliation; participating in-organizational activity;

disparaging affiliated union and advocating company union.

Company-Dominated Union: unaffiliated union organized with supervisory participation upon receipt of bargaining request from affiliated union; approval of election of officers on company time and property; prompt recognition of and grant of contract to unaffiliated union.

Discrimination: discrimination against and demotion of union employee; discharge of two union employees for an offense for which other employees engaging in like conduct were not discharged.

Collective Bargaining: majority established by application cards-refusal to bargain by: organization of company union upon receipt of collective bargaining demand of affiliated union, and refusal thereafter to bargain with affiliated union until election should be held to prove majority-alleged loss of majority subsequent to refusal to bargain, held immaterial.

Remedial Orders: cease and desist unfair labor practices; upon request, to bargain collectively; dominated organization, disestablished, and contract therewith, abrogated; reinstatement and back pay awarded.

Unit Appropriate for Cqllective Bargaining: production and maintenance employees, exclusive of clerical and supervisory employees.

DECISION AND ORDER On August 22, 1942, the Trial Examiner issued his Intermediate Report in the above-entitled proceeding, finding that the respondent had engaged in and was engaging in certain unfair labor practices affecting commerce, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report annexed hereto. Thereafter, the respondent duly filed exceptions to the Intermediate Report and a supporting brief.1 1 At the respondent's request, a hearing for the purpose of oral argument was scheduled to be held before the Board at Washington, D. C., on October 22, 1942, and the parties were notified thereof. Prior to such date, however, the hearing was canceled at the respondent's request and on consent of the parties.

1235 The Board has considered the rulings made by the Regional Director prior to the hearing and by the Trial Examiner at and subsequent to the hearing, and finds that no prejudicial error was committed. The rulings are hereby affirmed.

The Board has considered t...

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