In Newspaper Printing Corp. v. N.L.R.B., 625 F.2d 956 (10th Cir. 1980), cert. denied 450 U.S. 911, 101 S.Ct. 1349, 67 L.Ed.2d 335 (1981), the newspaper and the union had a clause in the prior collective bargaining agreement similar if not identical to that of Article I Section 3 in the 1972-75 agreement in the present case.
In Newspaper Printing, the employer did not merely reserve the right to assign work to another union, but also reserved the right unilaterally to determine what jobs were in the bargaining unit.