Lee-mark Metal Mfg. Co.,1 Employer And Rosario Tine, Petriioner And Local 155, United Electrical, Radio & Machine Workers Of America, Cio, Union, 1299 (1949)

In the Matter of LEE-MARK METAL MFG. Co.,1 EMPLOYER and ROSARIO TINE, PETrIIONER and LOCAL 155, UNITED ELECTRICAL, RADIO &

MACHINE WORKERS OF AMERICA, CIO, UNION Case No. 4-RD-35.-Decided September 13, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition for decertification duly filed, a hearing was held before John H. Garver, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock].

Upon the entire record in this case, the Board finds:

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

  2. The Petitioner claims that the Union no longer represents the employees of the Employer.

  3. A 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.

The Union and the Employer entered into an agreement effective July 5, 1947, for a term of 1 year.3 On July 5, 1948, the parties executed a supplemental agreement which, among other things, extended the term of the original contract until July 5, 1949, and thereafter from year to year, unless either party gave to the other written notice of desire to change or terminate at least 60 days prior to the anniversary date. By letter dated May 3, 1949, the Employer notified the Union of its desire to terminate the contract as of July 5, 1949, stating that it intended to negotiate a completely new agreement and concluding: 'We shall be pleased to meet with you at our mutual con2 The Employer's name appears as amended at the hearing.

2 Local 155, United Electrical, Radio & Machine Workers of America, CIO, herein called the Union, failed to appear at the hearing although duly notified thereof.

3The contract provided for automatic renewal from year to year thereafter, unless written notice of desire to modify was given by either party to the other 30 days before the anniversary date.

1299 venience to discuss the new contract.' As of August 10, 1949, the date of the hearing, the Employer had received no reply to this letter.

Section 9 (c) (1) (A) (ii) of the amended Act empowers the Board to investigate a petition for decertification of a 'labor organization which has been certified or is...

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