NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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