Colonial Life Insurance Co. of America

National Labor Relations Board - Board Decisions

Dec 29, 1945

65 N.L.R.B. 58 (N.L.R.B. 1945)

In the Matter of COLONIAL LIFE INSURANCE COMPANY OF AMERICA
and UNITED OFFICE & PROFESSIONAL WORKERS OF AMERICA,
C. I. O.
Case No. R-3987 (2-R-3034)
OPINION
AND
ORDER DENYING PETITION
December 09, 194.5
On October 8, 1942, the Board issued its Certification of Representa-
tives in this case declaring that United Office & Professional Workers
of America, affiliated with the Congress of Industrial Organizations,
herein called the Union, had polled a majority of votes cast in an elec-
tion among employees of Colonial Life Insurance Company of Amer-
ica, in a specified appropriate unit in the State of New Jersey, and
that the Union was accordingly the exclusive representative of all
such employees, for the purposes of collective bargaining pursuant to
Section 9 (a) of the Act.
On September 17, 1945, the Company filed with the Board a "Peti-
tion . . . for Decertification of the United Office & Professional
Workers of America, CIO, as Collective Bargaining Agent." The
petition alleges, in substance : that the Company bargained with the
Union following our certification and entered into a contract with
the Union which, as renewed, was in effect for 2 years, expiring on
February 1, 1945; that in January 1945, the Company, believing that
the Union no longer represented a majority of the employees in the
bargaining unit, requested the Union to file a petition for investiga-
tion and certification with this Board and offered to enter into a con-
sent election, but that the Union rejected this request; that the Second
Regional Board of the National War Labor Board, herein called the
N. W. L. B., on June 8, 1945, issued a directive requiring the Company
to continue to abide by the terms and conditions of its contract with
the Union until a new agreement should be made; and that the opinion
accompanying the aforesaid directive shows that the N. W. L. B.'s
Regional Board acted in reliance upon the presumed continuing
efficacy of this Board's certification of October 8, 1942. The Company
65 N L. R B., No. 13
58
COLONIAL LIFE INSURANCE COMPANY OF AMERICA 59
requests in its motion that in view of these facts the Board "decertify"
the Union.
Upon consideration of the entire matter we have decided to deny
the Company's motion, for the issue raised therein is now moot. We
are advised by the N. W. L. B. that the case pending before it involv-
ing the Company was remanded to the Second Regional Board on
September 17, 1945, for purposes of hearing, and that a hearing was
scheduled for November 27, but that any decision which may be
issued by the Second Regional Board will be cast in the form of
recommendations which 'are neither reviewable nor enforceable by
legal or other sanctions., It is thus apparent the Company is no longer
liable to be compelled by the N. W. L. B. to honor a certification of
this Board which the Company regards as inoperative. Under the
circumstances we perceive no treason why any dispute between the
parties regarding the Union's representative status can not be resolved
in the usual manner , by resort to proceedings under the Act, in accord-
ance with the established procedures prescribed in our Rules and
Regulations 2
Our denial of the Company's petition is not to be construed as a
recertification of the Union; nor will it prejudice any rights or reme-
dies the Union may enjoy under Sections 8 or 9 of the Act.
ORDER
In accordance with the foregoing opinion the National Labor Rela-
tions Board hereby orders that the Petition of the Colonial Life
Insurance Company of America for Decertification of the United
Office & Professional Workers of America, CIO, as Collective Bar-
gaining Agent be, and it hereby is, denied.
In a letter dated November 26, 1945 , addressed to the Chairman of this Board, Lloyd
K Garrison , Chairman of the N. W. L . B stated :
. . Prior to VJ Day it was our custom after compliance hearings, if non-
compliance continued , to refer the case to the Economic Stabilization Director for
such action as the executive branch of the government might wish to take with re-
spect to the application of executive sanctions , such as seizure of the property or
the cancellation of War Production Board priorities or allocations of raw material
Since VJ Day the Board 's policy has been not to refer any cases to the executive
branch for the application of sanctions . Instead , the Board has provided simply
for the issuance of findings of fact with regard to non-compliance , after which the
cases are closed. That policy will continue to be followed
In the Colonial Life Insurance Company case a decision has not been issued, but
a hearing will be held next week , and unless there is some settlement the case will
presumably be decided on the merits by the Regional Board. Prior to October 22,
1945 , their decisions terminated in directive orders, which were appealable to the
National War Labor Board . Since that date our decisions have been cast in the
form of recommendations at both the National Board and the Regional Board level,
and these recommendations , when issued by Regional Boards , are' not appealable. If
the recommendations are not complied with , no further action is taken."
2 We note that on November 21, 1945 , the Union filed a charge pursuant to Section
10 (b) of the Act, alleging , inter alia, that the Company has refused to bargain collectively
with the Union , in violation of Section 8 (5)