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WILLIAM E. MILLER v. COMMONWEALTH PENNSYLVANIA (09/06/74)

decided: September 6, 1974.

WILLIAM E. MILLER, APPELLANT, SAMUEL W. BLUM, APPELLANT, RAY BONZO, APPELLANT, MARTIN S. KUTTESCH, APPELLANT, RUSSELL DEPIETRO, APPELLANT, THEODORE BOHIZIC, APPELLANT, LEROY MCCLENDON, JR., APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE, AND ROCKWELL INTERNATIONAL, INTERVENING APPELLEE



Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claims of William E. Miller, Samuel W. Blum, Ray Bonzo, Martin S. Kuttesch, Russell DePietro, Theodore Bohizic and LeRoy McClendon, Jr., Nos. B-71-7-M-141 through 206; B-71-7-J-130; B-71-7-M-210; B-71-7-M-211; and B-71-7-M-133 through 140.

COUNSEL

Harry Alan Sherman, for appellants.

Sydney Reuben, Assistant Attorney General, for appellee.

Henry J. Wallace, Jr., with him Reed, Smith, Shaw & McClay, for intervening appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 15 Pa. Commw. Page 172]

We consolidated for argument and disposition the appeals from actions of the Unemployment Compensation Board of Review of the following named former employes of the intervening appellee, Rockwell International Corporation:*fn1 William E. Miller, Samuel W.

[ 15 Pa. Commw. Page 173]

Blum, Ray Bonzo, Martin S. Kuttesch, Russell DePietro, Theodore Bohizic, and LeRoy McClendon, Jr.

All of the appellants were, prior to September 1, 1971, industrial workers employed at the intervening appellee's transmission and axle plant located at New Castle, Pennsylvania. Since 1960 the maintenance and production workers at the New Castle plant have been included in a bargaining unit consisting of the employes of Rockwell and covered by a company-wide collective bargaining agreement with the United Steel Workers of America. The employes of four other Rockwell plants were included in the unit. The 1960 agreement seems to have been for three years and, as modified, was renewed each three years after that time. The last expiration time was midnight August 31, 1971. The employes of the New Castle plant, including all of the appellants, were at all times mentioned herein members of Local 4194 of the United Steel Workers of America.

Since about 1968 some of the employes at the New Castle plant have been dissatisfied with their representation by the United Steel Workers on a company-wide basis and have desired to be represented instead by a local union formed by them known as Confederated Union Local No. 1. In 1968 an effort was made to decertify the Steel Workers as collective bargaining representatives for the production and maintenance workers at the New Castle plant through the National Labor Relations Board (NLRB). The petition was dismissed by the Regional Director, and requests for review were denied by the NLRB and the Court of Appeals for the Third Circuit. Shortly after this effort at decertification Local 4194 was placed under trusteeship pursuant to the constitution and bylaws of the United Steel Workers.

[ 15 Pa. Commw. Page 174]

In 1969 Confederated Independent Union Local No. 1*fn2 filed a representation petition with the National Labor Relations Board in which it sought to have the Board conduct an election at the New Castle plant. The Regional ...


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