Bazley and Junedale Meat Markets Co.

National Labor Relations Board - Board Decisions

Sep 15, 1955

114 N.L.R.B. 66 (N.L.R.B. 1955)

66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As the Petitioner has obtained a majority of the ballots cast in the
election, we shall, as recommended by the Acting Regional Director,
certify that labor organization as the collective-bargaining representa-
tive of the employees in the appropriate unit.
[The Board certified the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America , AFL, Local No. 71,
as the collective -bargaining representative of the employees of the
Employer in the appropriate unit.].
Bazley and Junedale Meat Markets Company and Paul Vander-
stelt, Petitioner and Local Union No. 539 of the Amalgamated
Meatcutters and Butcher Workmen of North America, A. F.
of L. Case No. 7-RD-195. September 15, 1955
DECISION AND DIRECTION OF ELECTION
Upon a decertification petition duly filed under Section 9 (c) of
the National Labor Relations Act, a hearing was held before Russell
W. Bradley, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
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 Petitioner, an employee of the Employer, asserts that the
Union, a labor organization currently recognized by the Employer as
the exclusive bargaining representative of the employees designated
in the petition, is no longer the exclusive bargaining representative as
defined in Section 9 (a) of the Act.
3. The Union contends that no question concerning representation
exists because it has a contract with the Employer, covering the em-
ployees designated in the petition. The Employer contends, inter alia
that the contract cannot bar an election because it contains an illegal
union-security clause.
The contract in question contains the following union-security
clause :
The Union -shall be the sole bargaining agent and representative
of those classifications of employees covered by this AGREE-
MENT in collective bargaining with the Employer. A non-mem-
ber may be hired by the understanding that he or she must make
immediate application for membership to the Union and Shall
1 The Employer operates 43 meat markets in 6 States . The total sales of the markets
are in excess of $10 ,000,000. Accordingly , we find that it will effectuate the policies of
the Act to assert jurisdiction in this case . Hogue and Knott Supermarkets ,- 110 NLRB 543.
114 NLRB No. 20.
BAZLEY AND JUNEDALE MEAT MARKETS COMPANY 67
thereafter maintain membership, in good standing in the Union,
in order to maintain his or her employment. All new or present
employees who are not members of the Union, shall become mem-
bers within thirty-one (31) days or be discharged by the Em-
ployer without further recourse.
Under the Act, "discrimination in regard to hire or tenure of em-
ployment or any term or condition of employment to encourage or
discourage membership in any labor organization" is prohibited, ex-
cept that employers and labor organizations are not precluded from
entering into agreements requiring as condition of employment mem-
bership in a labor organization on or after the thirtieth day following
the beginning of employment or the effective date of the contract,
whichever is later.2
The contract here, in substance, conditions the hiring of new em-
ployees on their immediate application for membership in the Union.
This condition, of itself, exceeds the degree of union security permit-
ted by the statute 3 and therefore renders the contract ineffective as a
bar.4 The Union could promptly approve an application and, in effect,
compel a new employee to become a union member before the expira-
tion of the statutory grace period. Accordingly, we find that a ques-
tion affecting commerce exists concerning the representation of the
employees of the employer within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act. In view of our decision, we
find it unnecessary to determine whether, as the Employer and the
Petitioner contend, the contract has terminated and hence is no longer
in existence.
4. In accordance with the stipulation of the parties at the hearing,
we find that the following employees of the Employer constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act:
All employees of the Employer at its store at 183 West Western
Avenue, Muskegon, Michigan, including part-time employees, but ex-
cluding cashiers, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER LEEDOM took no part in the consideration of the above
Decision and Direction of Election.
2 Section 8 ( a) (3) and 8 ( b) (2) of the Act
' See International Union of Operating Engineers , Local No. 12 , AFL (Associated Gen-
eral Contracto,s , Southern California Chapter ), 113 NLRB 655 Cf Kennedy -Van Saun
Manufacturing and Engineering Corporation , 105 NLRB 575 , where the contract merely
required consistently with the statute , that applicants for employment agree to join the
union at the expiration of the 30 -day grace period
* Ira Grob, Inc ., 110 NLRB 626 ; Specialty Woodcraft, Inc., 107 NLRB 1066.
387644-56-vol. 114-6