TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 45
(a) Qualification of contracting union
A union can validly enter into a union-security agreement only if
it is the majority representative of the employees in an appiopriate
mut, and if its authority to make such an agreement has not been
revoked by the employees during the preceding year in a section 9(e)
election Befoie the repeal of section 9(f), (g), and (h), effective
September 14, 1959," the contracting union was also required to be
in compliance with the filing requitements of that section In one
case decided this fiscal year, the Board i ecognized a ninon-security
contract as a bat to a petition filed aftel the repeal of the section,
although the contract R as executed while it was still in effect by a
union which was not in compliance with its filing requitements 12
(b) Terms of union-security clause
During this fiscal year, the Board continued to adhere to the Keystone
rule 18 that it would find no contract bat where the asset ted contract
contained a union-security clause which—
(1) did not on its face confoun to the requnements of the act, or
(2) had been found unlawful in an unfair labor practice proceeding
1'
Where the clause did not-on its face confoim to the statutoty requit
ements, no extrinsic or external evidence was deemed admissible to
establish its validity for contract-bar purposes 38 And an accompanying
"savings" clause, to take effect if the union-sectuity clause was
found unlawful," or a deferral clause 2° was held not to cm e it foi
such purposes 2"
During this fiscal year, union-secuuty clauses found to be invalid
on their face included clauses not expiessly panting old nonunion
employees 30 days to join the union, 21 and a clause requiring membership
"on or before the thirtieth day," lather than "on the thirtieth
day," following the beginning of employment 22 But the Board
found that a clause requiring new employees to join the union "on
a Labor-Management Repoi ting and Disclostne Act of 1959 sec 201(d)
Clayton G Lainbeit Mfg Go, 128 NLRB 200 The Board noted, howeier that it was
not passing on any possible effect in unfair laboi proceedings of noncompliance by the
contracting union at the time the contract is executed Compare with eases cited in
Twenty-fifth Annual Report (1960), p 31, footnote 64, s here the contracts were executed
and petitions filed before the repeal of sec 9(1), ( g), and (h)
15 See footnote 12, above
"See In Paragon, above, footnote 12, a Board majority, Memberb Rodgers and Leedom
dissenting, held "that only those contracts containing a union security pros ision which is
clearly unlawful on its face, or which has been found unlawful in an unfair labor
practice proceeding, may not bar a representation petition
18 Aurora Gasoline Go, 128 NLRB 37
29
Pilgrim Furniture Co • 128 NLRB 910, discussed below, p 47
2° C d P Coal Go, 130 NLRB 910 See also Keyg tone Coat, Apr on C Totorl Supply Co,
121 NLRB 880, 884 (1958)
935 But see Paragon Products Go, above
21
Gasoline Go, above, Zemin& Riverton Bus Linea, 128 NLRB 1389
22 Atlas Shower Door Co , 131 NLRB No 2