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NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 151<br />

in the record that the organization represented a majority." In<br />

several cases the agreement which the parties have entered into has<br />

taken the form of a stipulation that an agent of the Board should<br />

check the union's membership documents against pay-roll data of<br />

the company and that the results of this comparison should be deemed<br />

a part of the record.4°<br />

Cards, petitions, or statements signed by a majority of the employees<br />

authorizing a labor organization to represent them, or union<br />

membership cards, membership applications, or affidavits of membership<br />

signed by the majority of the employees, have been considered<br />

adequate proof of majority where their authenticity has been established<br />

41 or where this evidence has been uncontested by the parties<br />

to the proceeding.42<br />

545. A stipulation of this kind was relied upon by the Board in Matter of Boorunt and<br />

Pease Company and United Paper Workers Local Industrial Union #292, Affiliated With the<br />

Committee for Industrial Organization, 7 N. L. R. B. 486, where the employer later<br />

requested the Board not to certify the union but to conduct an election on the basis of a<br />

pay roll different from that used in arriving at the stipulation. In denying this request,<br />

the Board pointed out that the new pay roll was not introduced into evidence and that<br />

the employer made no claim that the union had ceased to represent a majority of the<br />

employees in the appropriate unit on the date which it now requested.<br />

39 Matter of McNeely & Price Company and National Leather Workers Association Local<br />

No. 30, of the C. I. 0.<br />

'<br />

6 N. L. R. B. 800, in which an official of the respondent admitted<br />

In his testimony that the union had a majority, and in its brief filed with the Board the<br />

respondent declared that "There is no quarrel with the finding that a majority of the<br />

workers belonged to Local 30 * *.'<br />

Matter of Sunlight Electric Company and United Electrical & Radio Workers of America,<br />

6 N. L. R. B. 243; Matter of Cleveland Equipment Works and United Electrical, Radio and<br />

Machine Workers of America, Local 707, 6 N. L. R. B. 773. In Matter of Atlas Mills, Inc.<br />

and Textile House Workers Union, No. 2269, United Textile Workers of America, 3 N. L. R. B.<br />

10, the results of the comparison were not stipulated by the parties, but a representative<br />

of the union, a representative of the respondent, and the Regional Director met and coin.<br />

pared the membership records of the union with a pay roll submitted by the respondent.<br />

As a result the Regional Director advised the respondent in writing that the union represented<br />

a majority of its employees, and the Board accepted this evidence as sufficient proof.<br />

41 For cases in which the Board has found that the union represented a majority of the<br />

employees in an appropriate bargaining unit on the basis of signed authorizations or membership<br />

documents concerning which there has been testimony as to the genuineness of<br />

the signatures, see Matter of Wadsworth Watch Case Company and Metal Polishers, Buffers,<br />

Platers and Helper's International Union., 4 N. L. R. B. 487, in which the cost accountant<br />

of the company testified that he compared the signatures on cards designating the union<br />

as representative for collective bargaining with the signatures of employees in the company's<br />

compensation book ; Matter of Biles-Coleman Lumber Company and Puget Sound<br />

District Council of Lumber and Sawmill Workers, 4 N. L. R. B. 679, in which the signatures<br />

on a petition designating the union as bargaining agency were identified by the union<br />

officials who secured the signatures and personally witnessed the signers affix their signatures;<br />

Matter of Shipowners' Association of the Pacific Coast, et a/. and International Long-<br />

8horemen's and Warehousemen's Union, District No. 1, 7 N. L. R. B. 1002, in which cards<br />

designating the union as bargaining representative were introduced in evidence after<br />

officers of the union who had witnessed the signing of the cards testified that they either<br />

knew all the signers personally, checked the signatures on the cards with signatures on<br />

the union membership books, or called in mutual friends when they were not sure of the<br />

identity of the signer. See also Matter of The Jacobs Bros. Co., Inc. and United Electrical<br />

and Radio Workers of America, Local No. .1226, 5 N. L. R. B. 620, in which cards authorizing<br />

the union to represent the signers for the purposes of collectdve bargaining were introduced<br />

into evidence over objection of the respondent. Comparison of the signatures on the<br />

cards and on a petition signed subsequently by persons employed by the respondent disclosed<br />

no discrepancies. In finding the signatures to be authentic, the Board said : "The<br />

respondent contented itself merely with alleging the lack of identification of the signatures<br />

on the exhibit. It introduced no definite proof that the signatures were not those of the<br />

persons they purport to be. The respondent had in its possession and under its control all<br />

the data necessary to substantiate its objection to the exhibit, but made no effort to do so."<br />

'° For cases in which no question has been raised as to the authenticity of such signed<br />

documents and the Board has, accordingly, accepted this evidence as sufficient proof of a<br />

majority, see Matter of Petroleum Iron Works Company and Steel Workers Organizing<br />

Committee, 3 N. a R. B. 774 (membership application cards) ; Matter of Armour & Company<br />

and Local No. 527, United Packing House Workers' Industrial Union, affiliated with<br />

the Committee for Industrial Organization, 3 N. L. R. B. 895 (membership cards) ; Matter<br />

of Shell Chemical Company and Oil Workers International Union, 4 N. L. R. B. 259 (petitions<br />

designating representative) ; Matter of Allis-Chalmers Manufacturing Company and<br />

United Electrical, Radio and Machine Workers of America, Local No. 613, 4 N. L. R. B. 824<br />

(membership cards) ; Matter of News Syndicate Co., Inc. and Newspaper Guild of New<br />

York, 4 N. L. R. B. 1071 (applications) ; Matter of National Refining Company and Oil<br />

Workers International Union, Local No. 420, 5 N. L. R. B. 794 (membership application<br />

cards) ; Matter of Des Moines Steel Company and Lodge 2071, Amalgamated Association of<br />

Iron, Steel d Tin Workers of North America, through Steel Workers Organizing Committee,<br />

affiliated with C. I. 0., 6 N. L. R. B. 532 (membership application cards) ; Matter of Huehne<br />

Manufacturing Company and Local No. 1791, United Brotherhood of Carpenters and Joiners

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