Johnson Transport Co.

National Labor Relations Board - Board Decisions

Sep 10, 1953

106 N.L.R.B. 1105 (N.L.R.B. 1953)

JOHNSON TRANSPORT COMPANY 1 105
In considering the Petitioner's contention, it is to be noted
that we are not called upon, nor do we, pass upon the validity
of the contract insofar as it might involve unfair labor prac-
tices. The narrow issue before us is whether the contract is
now so defective, because of Local 29's lack of compliance
at the time the contract was originally made, as to deny
application of the Board's rule of permitting existing con-
tracts to bar a present determination of representatives. This
rule, self-imposed and discretionary in application, was
designed to stabilize for reasonable periods of time estab-
lished collective-bargaining relationships. In the exercise of
its discretion, the Board has refused to apply its bar rule to
contracts which are unlawful.' However, the Board has rec-
ognized the principle that certain original defects in union-
security contracts may be cured for contract bar purposes
by timely subsequent action.' We perceive no cogent reason
for holding that under any and all circumstances a union's
noncompliance at the time its union -security agreement is
made, creates such a defect in the bargaining agreement that
for contract-bar purposes it is incapable of being cured by
subsequent compliance. Under the circumstances of this case,
we are satisfied that it would effectuate the policies of the
Act to hold the existing contract between the Employer and
Local 29 to be a bar to the petition herein. Accordingly, we
shall dismiss the petition.
[The Board dismissed the petition.]
Member Rodgers took no part in the consideration of the
above Decision and Order.
2 C Hager & Sons Hinge Manufacturing Co., 80 NLRB 163.
3See Polk Brothers Central Appliance and Furniture Co., 105 NLRB 251.
JOHNSON TRANSPORT COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, LOCAL UNIONS
NO. 47, 657, 745, 565, AND 583, AFL, Petitioner. Case No.
16-RC-1252. September 10, 1953
SUPPLEMENTAL DECISION AND ORDER
Pursuant to a Decision and Direction of Election ' issued
by the Board on June 4, 1953, an election by secret ballot was
conducted under the direction and supervision of the Regional
Director for the Sixteenth Region among the employees in the
'Not reported in printed volumes of Board Decisions.
106 NLRB No 175.
1 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit found appropriate by the Board-' Upon the conclusion of
the election , a tally of ballots was furnished the parties. The
tally showed that of approximately 53 eligible voters, 49 cast
ballots , of which 20 were for and 26 against the Petitioner,
and 3 were challenged.
On July 1 , 1953, the Petitioner filed its objections to
election and to conduct affecting results of election. In
accordance with the Rules and Regulations of the Board, the
Regional Director conducted an investigation and, on July 22,
1953 , issued and served on the parties his report on objections
to election , in which he recommended that some of the objec-
tions be sustained and others overruled , and that the Board
set aside the election and direct a new election .' Thereafter
the Employer filed exceptions to the Regional Director's
report and a brief in support of its exceptions, and the Peti-
tioner filed exceptions to, and brief in support of, the report
on objections to election.
The Petitioner , in substance , alleges that : ( 1) The Regional
Director erred in conducting the election , over the Peti-
tioner ' s objections, partly by mail; ( 2) on or about June 14,
1953, during the period between the issuance of the Board's
direction and the holding of the election , the Employer signed
a new contract with National Association of Motorized Common
Carrier Truck Line Employees , 4 granting a wage increase
and other benefits , assembled the employees and told them
about this contract ; and (3 ) thereby interfered with a free
choice of a bargaining representative.
(1) As the manner in which an election is conducted is
within the discretion of the Regional Director , and as no
abuse of discretion has been shown here , we shall overrule
the Petitioner ' s exceptions in this respect.5
(2) and ( 3) The Regional Director found that the Employer
entered into negotiations with the Intervenor on June 14, 1953,
that it agreed to grant a wage increase effective July 1, 1953,
that at a meeting on June 14 the remaining terms and conditions
of a contract were agreed to, and that the contract was signed
the next day. In its exceptions to this finding , the Employer
argues that the Regional Director failed to consider that the
established relationship between its wages and those of its
competitors required that the increase be granted whenit was.
However, there is nothing in the Employer ' s brief or excep-
2 Manual elections were conducted among the employees at the Fort Worth and Dallas
terminals on June 20, 1953 Other employees voted by mail. The ballots were counted on
June 29, 1953, after the mail ballots had been commingled with the others
3Because the challenged ballots were not sufficient to affect the results of the election,
the Regional Director made no report thereon.
4This labor organization intervened in the original proceeding on the basis of a contractual
interest. That prior contract was held not to be a bar. The Intervenor was not accorded a
place on the ballot because of its noncompliance with the filing requirements of Section 9.
5 F. W. Woolworth Co., 96 NLRB 380.
MALONE FREIGHT LINES , INC. 1107
tions controverting the Regional Director ' s findings as to the
signing of the contract . Signing a contract with one of two
competing unions after an election has been directed accords
a potent form of assistance to that organization and thereby
prevents a free choice by the employees .' Accordingly, with-
out passing upon the issues raised by the Employer with
respect to the wage increase ,7 we adopt the Regional Direc-
tor's recommendations and set the election aside.
ORDER
IT IS HEREBY ORDERED that the previous election among
the Employer ' s employees be, and it hereby is, set aside.
IT IS FURTHER ORDERED that this proceeding be remanded
to the Regional Director for the Sixteenth Region for the pur-
pose of conducting a new election at such time as he deems
the circumstances permit a free choice of a collective-
bargaining representative.
Member Murdock took no part in the consideration of the
above Supplemental Decision and Order.
6 International Shoe Company , 97 NLRB 772.
7 Because of the basis upon which we are deciding this matter , no factual questions exist
which necessitate a hearing . We therefore reject the Employer's contention in this respect,
as well as its contention that a heating on all matters is a prerequisite to any Regional
Director 's report,
MALONE FREIGHT LINES , INC. and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA , AFL. Case No.
32-CA-307. September 15, 1953
DECISION AND ORDER
On May 25 , 1953 , Trial Examiner Reeves R. Hilton issued
his Intermediate Report in the above -entitled proceeding,
finding that the Respondent had not engaged in and is not
engaging in unfair labor practices within the meaning of Section
8 (a) (1), (3 ), and (5 ) of the Act, and recommending that the com-
plaint be dismissed in its entirety , as set forth in the copy of
the Intermediate Report attached hereto. Thereafter , the Union
and the Respondent filed exceptions to the Intermediate Report
and supporting briefs.'
1 The requests of the Respondent and the Union to file reply briefs are granted and the reply
briefs submitted have been considered.
The Union requested oral argument . This request is hereby denied because the record, the
exceptions , and briefs , in our opinion, adequately present the issues and the positions of the
parties.
106 NLRB No. 176.
922615 0 - 54 - 71