Bedford Gear & Machine Products, Inc., 1 (1961)

Bedford Gear & Machine Products , Inc. and International Union,

United Automobile, Aerospace and Agricultural . Implement Workers of America, AFL-CIO, Petitioner. Case No. 8-RC5481. December 11, 1961 DECISION AND ORDER DENYING MOTION

Pursuant to an. agreement among the Employer, Petitioner, and Intervenor, Bedford Gear Employees Association, a stipulated consent election was held on April 17, 1964, among the employees of the Employer in the appropriate unit. Thereafter, on April 24,1964, the Intervenor, having received a majority of the valid votes cast in the election, was certified as the representative of the above employees.

On August 24, 1964, a motion for amendment of certification was filed with the Board by the recording secretary of the Intervenor requesting the Board to change the name of the Intervenor in the certification to 'Bedford Gear Unit of Local 70, International Union,

United Automobile, Aerospace and Agricultural. Implement Workers of America (UAW), AFL-CIO.' In support of the request, the motion asserted that : (a) After due notice, a special meeting was held on August 9, 1964, attended by 77 of the 99 members of the Intervenor, at which 53 members voted for, and 24 against, affiliation with Petitioner, and thereafter, affiliation was accepted by the Petitioner.

(b) On August 10, the director of region 2 of the Petitioner requested recognition by the Employer of Local Union No. 70, UAW, as the successor to the Intervenor, but the Employer declined recognition.

Thereafter, the Employer and the president of the Intervenor filed separate oppositions to the motion for amendment of certification on the grounds, inter alia, that it represents the effort of a splinter group to obtain certification of the Petitioner after it lost the election conducted herein; that the Intervenor is not defunct, but rather that a substantial number of employees still support the Intervenor; that the Intervenor is still a party to a contract extension agreement with the Employer pursuant to which checked-off dues continue to be collected from the members of the Intervenor; and that the Intervenor is currently engaged in negotiating a new collective-bargaining agreement with the Employer.

On November 6, a supplement to the motion for amendment of certification was filed by the newly elected officers of the Intervenor stating, in substance, that the former president of the Intervenor was not authorized to oppose the motion, and that the newly...

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