Diagraph-bradley Industries, Inc., Employer And International Association Or Machinists, Petitioner, 605 (1950)

In the Matter of DIAGRAPH-BRADLEY INDUSTRIES, INC., EMPLOYER and INTERNATIONAL ASSOCIATION or MACHINISTS, PETITIONER Case No. 14-RC-1106.-Decided September 29, 1950 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Harry G. Carlson, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.1 Upon the entire record in this case, the Board finds:

  1. The Employer is engaged in commerce within the meaning of the Act.

  2. The labor organizations involved claim to represent employees of the Employer.

  3. No question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:

The Employer and District 50 contend that their current contract covering the employees involved herein dated November 1, 1949, for the term of 2 years with a 60-day automatic renewal clause, is a bar to the petition filed May 26, 1950. The Petitioner contends that the contract cannot operate as a bar because of a 'schism' in the membership of Local Union 13322.

On May 21, 1950, a special meeting of Local Union 13322 was held in Marion, Illinois, pursuant to a notice posted on the bulletin board in the Employer's plant on May 19, 1950, which stated that the purpose of the meeting was to vote on the question of affiliation with the Petitioner. This meeting was attended by 10 members,2 including the officers of the local, who voted unanimously to disaffiliate from District 50 and to affiliate with the Petitioner. Notification of this action was thereupon sent to the Employer with a request for recognition of the 1Intervention was granted to District 50, United Mine Workers of America, and to its Local Union 13322. These intervenors are herein collectively called District 50. Southern Illinois District Council, affiliated with Hod Carriers' Building & Common Laborers' Union of America, AFL, was also properly fermitted to intervene.

The motion by District 50 for oral argument is hereby denied as in our opinion the issues and positions of the parties are adequately presented by the record and the briefs.

2 The Employer's working force consisted of 65 employees.

91 NLRB No. 93.

Petitioner. Despite the action taken at the foregoing meeting, it appears that Local Union 13322 continued to function as theretofore and to...

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