Owens-illinois Glass Company, Employer And Federation Of Glass, Ceramic And Silica Sand Workers Of America, Cio, Petitioner, 205 (1949)

Docket Number:13-RC-376
Party Name:208
 
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In the Matter of OWENS-ILLINOIS GLASS COMPANY, EMPLOYER and FEDERATION OF GLASS, CERAMIC AND SILICA SAND WORKERS OF AMERICA, CIO, PETITIONER Case No. 13-RC-376.-Decided March 17, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.1 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-man panel consisting of the undersigned Board Members.* 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.

    The Petitioner; District 50, United Mine Workers of America,

    Local Union 13055, herein called District 50; and Glass Bottle Blowers Association of the United States and Canada, AFL, herein called the Association, are labor organizations claiming to represent employees of the Employer.

  2. 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.2 1 At the hearing, the Employer moved to dismiss the petition on the ground that the unit sought by the Petitioner is inappropriate. The hearing officer referred the motion to the Board. For the reasons hereinafter stated, the motion is denied.

    *Chairman Herzog and Members Reynolds and Gray.

    District 50 contends that its contract with the Employer bars this proceeding. The record discloses that on September 2, 1948, District 50 and the Employer agreed to the substantive terms of a contract, subject to the approval of District 50's membership. On September 8, 1948, the petition herein was filed, and on September 22, 1948, the contract was executed. Under well-established Board principles, the September 22, 1948, contract is no bar, as it was not signed until after the petition was filed. See Matter of The Linde Air Products Company, 4. The appropriate unit:

    The Petitioner seeks to represent a single unit composed of all hourly paid employees3 at the Employer's Streator, Illinois, plant, excluding machine operators, machine upkeep men, learners, beginners and apprentices, mold makers and moldmaking apprentices, foremen, assistant foremen, and all other supervisors. District 50 agrees that this is an...

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