Colonial Life Insurance Co. of America

National Labor Relations Board - Board DecisionsDec 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)