TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

100 Twenty-sixth Annual Report of the National Labor Relations Board
affidavit and filing requirements of now-repealed section 9 (f), (g),
and (h) 53 at the time of entering into such an agreement
Section 8(f) makes specific provision for contracts in the construction
industly, peimitting, inter alza, contracts with unions whose
majoiity status has not been established and union-secutity clauses
requiring membeiship "after the seventh day following [rather than
on or aftei the thirtieth day following] the beginning of such employment
or the effective date of such agieement, whithevei is later'
(a) Union's status
Dining the past yea", violations of section 8(a) (3) wete found in
a number of cases whei e the employer executed, maintained, or enfotced
a union-secunty agteement with a union which was not the
majority temesentat e of the employees at the time of its execution 54
In one case, Checker Taxi Co , Inc ,55 the employet's conduct in entering
into and enfoicing a new contract containing union-secm ity
provisions lawful on their face was found unlawful, where it was
executed while the coerci% e effects of an old contract which contained
illegal union-security piovisions m eie still operative, because at the
time the new contiact was executed the union's majority status was
"tainted by past illegal support" and no basis existed for concluding
that the union "in fact represented an uncoeiced majority of the employees"
at that time How evei, in another case, the Boat d, in accord
with the Supreme Court's decision in Bryan Mfg Co '56 held that
where the union-security pi ousion is valid on its face, enfoi cement
and maintenance of such a contract cannot be found unlawful because
of micumstances connected with its execution which occurred mote
than 6 months prieto the filing of the chaige, and thus predated the
limitation period of section 10(b) 57
On the (Abel hand, in Industral Rayon Corporation," a panel
majouty 59 held that an employe' %iolated section 8(a) (3) by entering
= This section was repealed by title II, sec 201 (d) and (e) of the Labor-Man 'gement
Reporting and Disclosure Act of 1959, Public Law 86-257, 73 Stat 510 See discussion
belou , pp 100-101, as to ifoole g i. I iting to the Ponlinultig LITect of thew. requirements
°See e c, Ratf1110C Fuel Oil Corp • 129 NLRB 1166, 1179 See Ilso Burke Oldsmobile,
Inc • 128 NLRB 79, 85-86, enforced In part, 288 F 2d 14 (C A 2, 1961), where the Board
adopted the trial examiner's finding that an employer, faced with conflicting claims by
two rival nonincumbent unions, violated sec 8(a) (2) and (3) by recognizing one of them
as the representathe of its emploees, in the absence of a Board conducted election, and
e%eeuting a union securih a.icenicut with the recognized union Cf Lagood Trucking
Service, 130 NLRB 740, involving a multiemployer union-security agreement where no
wis found
66 131 NLRB No 96
50 Local Lodge No 1424, WI, API,-010, etc v NLRB, 362 US 411 (1960)
sr Bee Gee Window Oo , 128 NLRB 156 For similar rulings with respect to union's
noncompliance with sec 9 (f), (g), and (h) at time of contract's execution, see Hooker
Chemical Co), 128 NLRB 1d91, and CheeAcr Taxi Co, 131 NLRB No 96 footnote 9
59 130 NLRB 427
69 Members Rodgers and Kimball