The Reardon Co.

National Labor Relations Board - Board Decisions

Jul 26, 1946

69 N.L.R.B. 968 (N.L.R.B. 1946)

In the Matter of THE REARDON COMPANY and UNITED GAS, COKE
AND CHEMICAL WORKERS OF AMERICA, CIO
Case No. 14-0-921
AMENDED DECISION
AND
ORDER
July 26, 1946
On October 8, 1945, the Board issued its Decision and Order,' find-
ing that the respondent had engaged in and was engaging in unfair
labor practices within the meaning of Section 8 (5) and ( 1) of the
Act, and ordering the respondent to cease and desist therefrom and
to take certain affirmative action.
On March 31, 1946, the Board filed a petition for enforcement of
its order with the Circuit Court of Appeals for the Eighth Circuit.
Thereafter the Board became aware that it had not previously fully
considered certain facts which would affect its decision in the case,
and accordingly filed with the court a Motion for leave to withdraw
its petition for enforcement together with the certified record of the
proceedings before the Board . The court granted this Motion, which
was consented to by counsel for the respondent , on June 24, 1946.
The Board has again considered its Decision and Order of October
8, 1945, the Intermediate Report attached thereto and made a part
thereof, the respondent 's exceptions and brief , and the entire record
in the case, and hereby adopts its original findings and conclusions,
with the exceptions and qualifications hereinafter set forth.
In our Decision and Order of October 8, 1945, we found that the
Union's majority status was unaffected by the reduction in force of
January 25 , February 2, and February 9, 1944 ; and that among the
14 employees laid off were included 9 of the 17 known union members,
leaving 8 known union members in the group of 14 remaining em-
ployees, or a clear majority. However, this reasoning did not take
into account the intervening change in status of Willie Simms.
Simms was 1 of the 17 known union members whose authorizations
were checked off on January 19 , 1944. Subsequently , but prior to
the date of the alleged refusal to bargain , Simms was discharged for
163 N. L. R B. 1461.
69 N. L. It. B., No. 117.
968
THE REARDON COMPANY 969
cause. Accordingly, instead of 8, there remained only 7 union mem-
bers among the 14 remaining employees, or less than a majority after
February 9, 1944. We, therefore, find that, as the Union did not
represent a majority of the employees, the respondent was not under
any obligation to bargain with it and its conduct in refusing to do so
was not violative of Section 8 (5) and (1) of the Act.
Inasmuch as we have previously dismissed all the allegations in
the complaint except that alleging a refusal to bargain, and inasmuch
as we now find that the respondent was under no duty to bargain with
the Union in the circumstances of this case, we shall dismiss the entire
complaint.
ORDER
Upon the basis of the foregoing findings of fact and conclusions
of law, and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that the
complaint issued against The Reardon Company, St. Louis, Missouri,
be, and it hereby is, dismissed.