Artesian Ice and Cold Storage Co.

National Labor Relations Board - Board Decisions

Jan 25, 1962

135 N.L.R.B. 572 (N.L.R.B. 1962)

572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployer (Locust) to force the primary employer to recognize and bargain collectively.
Respondent urges that no further action be taken in this matter in view of the
fact that the construction work has been completed and Locust is now carrying on
its normal business at the former construction site. It is settled however, that an
unfair labor practice proceeding is not mooted by either the termination of the
particular incident giving rise to the violation or by the discontinuance of the total
course of unfair conduct (N.L.R.B. v. Mexia Textile Mills, Inc., 339 U.S. 563, 567-
568; N.L.R.B. v. Pool Manufacturing Co., 339 U.S. 577; and N.L.R.B. v. Local 74,
United Brotherhood of Carpenters & Joiners of America, A. F. of L., et al. (Watson's
.Specialty Store ), 341 U.S. 707, 715).
IV. THE REMEDY
Having found that Respondent has engaged in unfair labor practices in violation
of the Act, I recommend that Respondent , to effectuate the policies of the Act, cease
and desist therefrom and take the affirmative action hereinafter specified.
CONCLUSIONS OF LAW
In summary, I find and conclude
1. The evidence adduced in this proceeding satisfies the Board 's requirements
for the assertion of jurisdiction herein.
2. Leonard Shaffer Company, Inc., Arthur A. Kober Company , Inc., Wolfson
and Schnoll , Inc., Morris Newmark and Bros., Inc., Altman Bros., Inc., Allied
Plastering Co., Energy Elevator Company , Henry S . Rau Company , Inc., G-M Iron
Works, and Modern Floors , Inc., are engaged in commerce or in an industry affect-
ing commerce within the meaning of Section 8 ( b) (4) of the Act.
3. Hotel , Motel & Club Employees ' Union , Local 568 , AFL-CIO , is a labor organi-
zation within the meaning of the Act.
4. By inducing and encouraging employees of Leonard Shaffer Company, Inc.,
Arthur A . Kober Company, Inc., Wolfson and Schnoll , Inc., Morris Newmark and
Bros., Inc., Altman Bros, Inc., Allied Plastering Co., Energy Elevator Company,
Henry S. Rau Company, Inc., G-M Iron Works , and Modern Floors, Inc., to engage
in a strike or a refusal in the course of their employment to perform services with an
object of forcing or requiring Leonard Shaffer Company, Inc., Arthur A. Kober
Company, Inc, Wolfson and Schnoll , Inc., Morris Newmark and Bros., Inc., Altman
Bros., Inc., Allied Plastering Co., Energy Elevator Company , Henry S. Rau Com-
pany, Inc., G-M Iron Works , and Modern Floors , Inc., to cease doing business with
Locust Mid -City Club and forcing or requiring Locust Mid -City Club to recognize
or bargain with Hotel , Motel & Club Employees ' Union , Local 568 , AFL-CIO, in
the absence of a certification of said Union as the bargaining representative of Locust
Mid-City Club employees , Respondent engaged in unfair labor practices within the
meaning of Section 8(b) (4) (i ) and (ii ) (B) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices within the mean-
ing of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Artesian Ice and Cold Storage Co. and United Packinghouse,
Food and Allied Workers, AFL-CIO, Petitioner . Case No.
17-RC-3563. January 05, 1962
DECISION ON REVIEW AND ORDER
On September 14, 1961, the Regional Director for the Seventeenth
Region issued a Decision and Direction of Election in the above-
entitled proceeding, finding that a contract between the Employer and
General Teamsters, Chauffeurs and Helpers Union Local No. 460,
affiliated with the International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, herein called the In-
135 NLRB No. 63.
ARTESIAN ICE AND COLD STORAGE CO. 573
tervenor, did-not constitute a bar to this proceeding and directed an
election in the unit therein found appropriate. Thereafter the Inter-
venor in accordance with Section 102.67 of the Board's Rules and
Regulations Series 8 as amended filed with the Board a timely request
for review of such Decision and Directon of Election, requesting the
Board to reconsider its contract-bar policy with respect to union-
security clauses in contracts. , The Petitioner timely filed a brief' in
opposition to the Intervenor's request. On October 6, 1961, the Board,
by telegraphic order, granted the request for review and stayed the
election pending its decision on review.
The Board 1 has considered the entire record in this case with re-
spect to the Regional Director's determination under review and makes
the following findings :
The Employer and the Intervenor contend that their current con-
tract, effective from June 1, 1961, to May 31, 1962, covering the em-
ployees sought herein, is a bar to this proceeding. The Petitioner
asserts that the contract is not a bar because the union-security pro-
vision- therein exceeds the bounds of union security permissible under
the Act. This provision provides :
3. The Company agrees to require as a condition of continued
employment that the present employees of the Company shall
remain members of the Union and all new or additional em-
ployees, who become subject to the provisions of this agreement
must become members of the Union on or prior to the thirtieth
(30th) day following the beginning of such employment, and all
such employees must remain members of the Union in good stand-
ing thereafter by payment of initiation fees, and dues so long
as they remain on the Company's payroll. Any employee, who,
within the period, herein specified, fails to become a member of
the Union by failing to pay initiation fees, or who, after becom-
ing a member, loses his membership by failing to pay his regular
membership dues, shall upon receipt of written request from the
Union, immediately be discharged by the Company. '
As the union-security provision is not clearly unlawful on its face
and has not been found illegal by this Board or Federal court pursuant
to an unfair labor practice proceeding, we hold that it' does not remove
the contract as a bar.2 As the petition herein was untimely filed we
shall dismiss it.
[The Board dismissed the petition.]
1 Pursuant to Section 3(b) of the National Labor Relations Act, the Board has delegated
its powers in connection with this case to a three -member panel [ Chairman McCulloch
and Members Panning and Brown].
2 Paragon Products Corporation, 134 NLRB 662.