Wm. Wolf Bakery, Inc.

National Labor Relations Board - Board Decisions

Dec 19, 1958

122 N.L.R.B. 630 (N.L.R.B. 1958)

630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
I. SUPERVISOR
Assistant Foreman, Maintenance
II. OFFICE CLERICALS
Biller Typist
Clerk, Cost
Clerks, File, A, B, C (other than those included above)
Clerk, Mail
Clerk, Order
Clerk, Typist
Cost, Estimator
Operator, Key Punch
Scheduler, Production
III. TECHNICAL EMPLOYEES
Technician, Assembly and Test
Wm. Wolf Bakery , Inc. and American Bakery and Confectionery
Workers International Union , AFL-CIO, Petitioner . Case No.
15-RC-1850. December 19, 1958
ORDER GRANTING MOTION FOR RECONSIDERATION
AND VACATING DECISION AND. DIRECTION OF
ELECTION
On November 18, 1958, the Board issued a Decision and Direction
of Election in the instant proceeding,' finding therein that a sub-
sisting contract was not a bar, citing as authority Keystone Coat,
Apron t Towel Supply Company, 121 NLRB 880.
On November 24, 1958, the Intervenor filed a motion for recon-
sideration and a brief in support thereof urging the Board to reverse
its finding that the contract's checkoff provision is illegal under
Keystone and to find the contract to be a bar to the petition.
Thereafter, the Board received a reply from the Petitioner and
statements from the AFL-CIO and United Steelworkers of America,
AFL-CIO, as amici curiae in support of the Intervenor's contention
with respect to Keystone but urging the Board to find that a schism
exists removing the contract as a bar.
Upon reconsideration, the Board has concluded that Keystone was
incorrectly applied in the instant case. The checkoff clause in ques-
tion provides as follows :
' Unpublished.
122 NLRB No. 89.
LOCAL UNION 140. 85, SHEET METAL WORKERS' INT'L, ETC. 631
The Union shall submit to the Company in writing each
month, a list of their members with an itemized account of their
dues, initiation fees, etc. The Company shall deduct the amount
so submitted from the pay of the member-employee the fol-
lowing pay period and shall forward same to the Secretary-
Treasurer of the Union, provided that the Union furnishes the
Company with written authorization cards from the employees.
The first basis for our finding such clause to be defective was that
it requires the checkoff of moneys other than dues. However, we
now ' believe that, as a matter of comity, our interpretation of the
term. "membership dues" as used in Section 302 should follow that
of the Department of Justice which has the responsibility of en-
forcing that section of the Act. As the Justice Department has
construed the term "membership dues" in the context of Section 302
to include initiation fees and assessments in addition to dues, we
hold that the subject checkoff clause, in providing for the checkoff
of "dues,. initiation fees, etc.," does not on its face conflict with
Section 302.2 The other basis upon which we relied to find the
checkoff -clause defective was that it set no limit to the period for
which authorizations should be irrevocable, as required by Sec-
tion 302(c) (4). As the question of conformity of a checkoff agree-
ment with Section 302 in this respect involves the statutory standards
applicable to the separate authorizations to be executed by the
individual members, we are of the opinion that the absence in a
contractual checkoff clause of a specific reference to the authoriza-
tions. or the statutory requirements therefor does not by itself render
the clause defective under our Keystone decision.
Accordingly, we shall, and hereby do, grant the motion for recon-
sideration and vacate the Decision and Direction of Election herein,
pending further consideration of other issues in the case.
2 See International Harvester Company , 95 NLRB 730, 733.
Local Union No. 85, Sheet Metal Workers ' International Asso-
eiation, AFL-CIO and J. P. Gasaway. Case No. 10-CB-610.
December 22, 1958
DECISION AND ORDER
On. May 8, 1958, Trial Examiner Robert E. Mullin issued his
Intermediate Report in this case , finding that the Respondent had
engaged and was engaging in certain unfair labor practices within
the meaning . of. Section 8(b) (1) (A) and (2 ) of the Act, and
recommending that it cease and desist therefrom and take certain
affirmative action, as set forth in the copy of the Intermediate
122 NLRB No. 79.