Chisholm-Ryder Co., Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1951

96 N.L.R.B. 1134 (N.L.R.B. 1951)

1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CHISHOLM-RYDER COMPANY, INC. and JOHN CAVICCHIA
UNITED GAS, CODE AND CHEMICAL WORKERS OF AMERICA, CIO, LOCAL
235 AND ITS LOCAL PRESIDENT DAVID GOODWIN, CHIEF STEWARD
HARRY FULLER AND INTERNATIONAL REPRESENTATIVE SAMUEL
OLFANO and JOHN CAVICCHIA. Cases Nos. 3-CA-84 and 3-CB-f20.
October 30,1951
Supplemental Decision and Order
On May 16,1951, the Board issued a Decision and Order in the above-
entitled proceeding,' finding that the Respondent Union did not violate
Section 8 (b) (2) and (1) of the Act in causing, and that the Respond-
ent Company did not violate Section 8 (a) (3) and (1) of the Act in
effecting, the discharge of employee John Cavicchia for failing to
maintain his membership in the Respondent Union as required by the
Respondents' union-shop agreement. Accordingly, the Board dis-
missed the complaints herein.
On August 10, 1951, John Cavicchia, the charging party, filed a
petition with the Board, requesting the Board to revoke its Decision
and Order and to grant the relief sought in the complaints. The
Respr, lent Company thereafter filed papers in opposition to the
petition.
In support of his petition, the Petitioner contends that the union-
shop agreement relied upon to justify the discharge was invalid? He
argues that, under the Supreme Court's decision in the Highland Park
case,3 the Board was without authority to issue to the Union the
union-security authorization certificate provided for in Section 9 (e)
of the Act, because the Congress of Industrial Organizations, the
parent federation of the Union's International, was not in compliance
with the filing requirements of Section 9 (f), (g), and (h) of the Act
at the time of the 1948 election and the issuance of the certificate.
Since the Supreme Court's decision in the Highland Park case, the
Congress amended the National Labor Relations Act, as amended, by
adding Section 18 which, in pertinent part, provides : 4
Sec. 18. No petition entertained, no investigation made, no elec-
tion held, and no certification issued by the National Labor Rela-
tions Board, under any of the provisions of section 9 of the
National Labor Relations Act, as amended, shall be invalid by
1 94 NLRB 508.
' The validity of this agreement was not heretofore questioned.
N. L. R. B. v. Highland Park Manufacturing Co., 341 U. S. 322.
'Public Law 189, 82d Cong, Chapt 534, 1st Sess., approved October 22, 1951.
96 NLRB No. 179.
COAST DRUM AND BOX COMPANY 1135
reason of the failure of the Congress of Industrial Organizations
to have complied with the requirements of section 9 (f), (g), or
(h) of the aforesaid Act prior to December 22, 1949, or by reason
of the failure of the American Federation of Labor to have
complied with the provisions of section 9 (f), (g), or (h) of the
aforesaid Act prior to November 7, 1947:.. .
This amendment, as the Committee Reports expressly state,' was
designed in part to protect, against charges of unfair labor practice,
parties who acted in reliance upon certificates issued by the Board
under circumstances such as those present here.
In view of the foregoing amendment, we find no merit in the
petition herein and shall accordingly deny it.
Order
IT Is ORDERED that the petition of John Cavicchia be, and it hereby is,
denied.
MEMBERS REYNOLDS and MURDOCK took no part in the consideration
of the above Supplemental Decision and Order.
5 Sen. Rep. No . 646 on S . 1959, 82d Cong ., 1st Sess . ( 1951 ), p. 2 ; 11. Rep . No. 1082 on
S. 1959, 82d Cong ., 1st Sess. ( 1951 ), pp. 1-2.
COAST DRUM AND Box COMPANY and T. F. MARTIN , PETITIONER, and
Box MAKERS , NOVELTY AND SPECIALTY , WOODWORKERS UNION, LOCAL
3036, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
AFL. Case No. 00-RD 53. October 30, 1951
Decision and Order
Upon a petition for decertification duly filed, a hearing was held
before Nathan R. Berke, hearing officer. The hearing officer's rulings
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the National Labor Relations Board has delegated its
powers in connection with this case to a three-member panel [Chair-
man Herzog and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner asserts that the Union is no longer the repre-
sentative of certain employees of the Employer, as defined in Section 9
(a) of the Act. The Union is a labor organization recognized by the
96 NLRB No. 178.