City Markets, Inc.

National Labor Relations Board - Board Decisions

Jun 15, 1983

266 N.L.R.B. 1020 (N.L.R.B. 1983)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
City Markets, Inc. and Rex Crawford, Petitioner
and United Food and Commercial Workers
Union, Local No. 7. Case 27-UD-72
15 June 1983
DECISION ON REVIEW*
BY CHAIRMAN DOTSON AND MEMBERS
JENKINS, ZIMMERMAN, AND HUNTER
By telegraphic order dated 5 November 1982,
the Union's request for review of the Regional Di-
rector's administrative determination that a deauth-
orization election pursuant to Section 9(e)(1) of the
National Labor Relations Act, as amended, should
be conducted was granted and the scheduled elec-
tion stayed. Having duly considered the entire
record, including the parties' briefs on review, the
Board decided to, and hereby does, reverse the Re-
gional Director and dismiss the petition as inappro-
priately filed in the wrong forum. The Employer
and the Union are parties to a contract containing a
* The Board issued this Decision on Review to the parties as a mail-
gram.
union-security provision requiring membership as a
condition of continued employment, effective from
10 October 1980 through 1 October 1983. The
Union was authorized to execute such clauses by a
Colorado state union authorization election on 25
June 1963. Colorado law requires that a petition to
rescind the authority conveyed by its required
union-shop authorization referendum be filed only
"between one hundred twenty and one hundred
five days prior to the expiration of the collective
bargaining agreement . . . ." We believe that the
exercise by Colorado of its Section 14(b) power to
enact legislation on union security requires the
Board to "leave the Petitioner to the forum that
gave it the right to vote on union security in the
first instance." See Chairman Fanning's concur-
rence in Asamera Oil (U.S.) Inc., 251 NLRB 684,
686 (1980); Retail Clerks International Association,
Local 1625, AFL-CIO, et al. v. Schermerhorn, 375
U.S. 94, 102 (1963). Donald L. Dotson, Chairman;
Don A. Zimmerman, Member; Robert P. Hunter,
Member. Howard Jenkins, Jr., Member, dissenting.
266 NLRB No. 198
1020