Kuner Empson Co.

National Labor Relations Board - Board Decisions

Dec 29, 1951

97 N.L.R.B. 898 (N.L.R.B. 1951)

898 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer and the Intervenor is a bar to the petition herein.
Accordingly, we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed by Stationary Engineers,
Local 707, International Union of Operating Engineers, AFL, be,
and it hereby is, dismissed.
KUNER EMPSON COMPANY and UNITED PACKINGHOUSE WORKERS OF
AMERICA, CIO, PETITIONER. Case No. 30-RO-658. December 29,
1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Clyde F. Waers, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Petitioner seeks an election in a unit of permanent and seasonal
employees of the Employer at its Brighton, Colorado, plant. The
Intervenor' asserts its contract, covering the period May 1, 1950, to
May 1, 1952, as a bar. The Petitioner contends, however, that the con-
tract contains an unlawful union-security clause and is therefore not
a bar .2
The contract provides as follows :
Subject to the exception hereinafter stated, all present and
future employees of the Company coming under the jurisdiction
of the Union as set forth in Article 1 shall be or become members
of the Union within thirty-one (31) days next after signing of
1 Cannery Workers Local Union No. 23260, A. F. of L.
2 The Intervenor was authorized to make a union-security agreement by virtue of an
election conducted pursuant to Section 9 (e) of the Act.
97 NLRB No. 135.
REX CURTAIN CORPORATION 899
this agreement or within thirty-one (31) days after their employ-
ment, whichever date is later. Members having joined the Union
shall, as a condition of employment, continue such membership.
Exception:
Persons employed by the Company during the summer process-
ing season, July 15 to November 15, shall not be required to
become members of the Union during said period but shall be
required to join the Union and continue membership if they con-
tinue employment after November 15.
The Petitioner asserts that this clause exceeds the limited form of
union security permitted by the proviso to Section 8 (a) (3) as it does
not permit a 30-day escape period for employees who are members of
the Union when the contract was executed. However, the Board has
recently held that a union-shop provision, otherwise valid, need not
provide a grace period to employees who already are members of the
Union on the effective date of the contract .3 The Petitioner also asserts
that the quoted "exception" is invalid in that it requires seasonal em-
ployees to join the Union after November 15 regardless of whether
or not they have been employed for 30 or -more days. We are of
the opinion, however, that the "exception," when read with the pre-
ceding clause, does not deprive seasonal employees employed after
November 15 of the 30-day grace period but merely exempts them from
the general requirement of union membership unless they become per-
manent employees by their retention after November 15. In the latter
event, the provision regarding permanent employees would apply to
them. Accordingly, we find that the contract is a bar to a present
determination of representatives and shall dismiss the petition herein.
Order
IT IS HEREBY ORDERED that the petition for certification of representa-
tives herein be, and it hereby is, dismissed.
P Charles A. Krause Milling Co , 97 NLRB 536, overruling to the extent indicated
therein , Worthington Pump and Machinery Corporation , 93 NLRB 527 , Rock-Ole Manufac-
turing Corporation , 93 NLRB 1196, and Blue Ribbon Creamery, 94 NLRB 201.
REx CURTAIN CORPORATION AND SUPERBA PLASTICS CORPORATION 1 and
AMALGAMATED LOCAL 102, UNITED AUTOMOBILE WORKERS, AFL,
PETITIONER. Case No. 2-RC_3430. December 29,1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Herbert C. Kane, hearing
i The Employers' names appear as amended at the hearing.
97 NI4RB No 121.