Opinion
February 11, 1992
Appeal from the Supreme Court, New York County (Martin Evans, J.).
Despite its execution of a series of collective bargaining agreements with respondent Union, petitioner argues that respondent never represented the bargaining unit, and thus could not enter into a valid collective bargaining agreement, since a contract entered into by a union representing less than a majority of employees is invalid and unenforceable (citing Garment Workers v. Labor Bd., 366 U.S. 731; 52 Flavors v. Baker Confectionary Salesclerks Union, 46 A.D.2d 875). This argument is without merit insofar as the 1981 contract is concerned, given the presumption of continuing validity that attaches to collective bargaining agreements (National Labor Relations Bd. v Carmichael Constr. Co., 728 F.2d 1137). 52 Flavors (supra), relied upon by petitioner, is distinguishable in that it involved an initial agreement that was executed before any employees were hired, and not, as here, a renewal agreement.
Concerning petitioner's claim that the initial agreement was invalid, the mere statement of its president that it never had less than 12 employees (at least three of whom were shown to be union members), unsupported by documentary proof of any kind, is insufficient to establish that respondent Union represented only a minority of workers.
Concur — Milonas, J.P., Wallach, Ross, Asch and Smith, JJ.