NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLIS14ED 133<br />
men Protective Association, Local No. 1510, International Longshoremen's<br />
Association, was permitted to intervene in the proceedings.<br />
The Board's decision states :<br />
* • M. M. P. and I. L. A. are both affiliated with the American Federation<br />
of Labor. The petitions filed by M. M. P. state that I. L. A. likewise seeks<br />
to represent the licensed deck officers employed by the Companies. This claim<br />
was also made by I. L. A. at the hearing. In conformity with our prior decisions<br />
refusing to exercise jurisdiction in cases where two unions, each affiliated<br />
with the same parent body, seek to represent the same employees, we will refuse<br />
to exercise jurisdiction in the dispute between M. M. P. and I. L. A., and will<br />
dismiss the petitions filed by M. M. P.<br />
In Matter of Showers Brothers Furniture CompanV i there were<br />
three labor organizations purporting to represent employees in the<br />
appropriate unit, the Upholsterers, Furniture, Carpet and Awning<br />
Workers, Linoleum Workers Union. Local No. 184, and the United<br />
Brotherhood of Carpenters and Joiners of America, affiliated with<br />
the American Federation of Labor, and the United Furniture Workers<br />
Local Industrial Union No. 496, affiliated with the Committee for<br />
Industrial Organization. In order to avoid determination of any<br />
jurisdictional dispute that might exist between the Upholsterers and<br />
the Carpenters, the Board directed that the name of the American<br />
Federation of Labor should appear on the ballot as the one organization<br />
opposing the United Furniture Workers. A protest was filed<br />
by the Upholsterers based on the contention that the election "would<br />
not be conclusive in the event the American Federation of Labor were<br />
to win the election," and "it would still not settle the issue between<br />
the Carpenters and the Upholsterers * * s." The Board declared<br />
that it—<br />
did not, and does not, intend to attempt to determine a jurisdictional dispute<br />
between two unions both affiliated with and subject to the discipline of, a single<br />
parent body. It will make no determination in this case of the issue between the<br />
Upholsterers and Carpenters, either on the basis of the results of an election<br />
or otherwise. Whatever the results of this proceeding, that question remains, so<br />
far as this Board is concerned, to be determined by the proper authorities of<br />
the American Federation of Labor.'<br />
Nevertheless, the Board has not blindly followed a technical rule<br />
with respect to internal disputes within labor organizations, but<br />
has been guided by facts of general knowledge and experience. In<br />
Matter of Federal Knitting Mills Company 33 the Board said :<br />
The Federation also contends that since the International Ladies' Garment<br />
Workers Union has only been suspended, and not expelled, from the American<br />
Federation of Labor the dispute which has arisen is an internal dispute within<br />
the body of the Federation, in which the Board should not intervene. We have<br />
already rejected a similar contention, however. In view of the fact that it is<br />
a matter of common knowledge that unions affiliated with the Committee for<br />
Industrial Organization have ceased to obey the orders of the Federation."<br />
31 Matter of Showers Brothers Furniture Company and The Upholsterers. Furniture,<br />
Carpet and, Awning Workers. Linoleum Workers Union. Local No. 184. 4 N. L. R. B. 585.<br />
32 However. the Board amended its direction of election so that the name of the Upholsterers.<br />
which had a much larger membership in the unit than the Carpenters, would appear<br />
upon the ballot in Mace of the American Federation of Labor. The Board made this<br />
reservation : "If the Upholsterers should, as a, result, be certified as the exclusive renresentative<br />
of the employees. it is to he understood that the Board's action will not affect<br />
whatever jurisdictional rights over the employees the Carpenters may have under the<br />
governing provisions of the American Federation of Labor."<br />
32 Matter of Federal Knitting Mills Company and Bamberger Reinthal Company and<br />
International Ladies' Garment Workers Union, 3 N. L. R. B. 257.<br />
"The Board cites Matter of Interlake Iron Corporation and Toledo Council, Committee<br />
for Industrial Organization. 2 N. L. R. B. 1036, in which it stated : "In the present case,<br />
however, although technically both the contending unions may be said to be affiliated with<br />
the same organization, the American Federation of Labor, we should be blind, indeed, to