United Packinghouse Workers of America

National Labor Relations Board - Board Decisions

Dec 19, 1952

101 N.L.R.B. 1253 (N.L.R.B. 1952)

COMPLIANCE STATUS OF LOCAL 80A, ETC . 1253
COMPLIANCE STATUS OF LOCAL 80A UNITED PACKINGHOUSE WORKERS
or AMERICA , CIO WITH SECTION 9 (H) OF THE ACT. December
19,1952
Order Denying Motion to Restore Compliance
On November 21,1952, by document designated "Notice," the Board,
following the conviction of Anthony Valentino, in a United States
district court, for having previously made false statements in a non-
Communist affidavit filed with the Board under Section 9 (h) of the
Act, revoked the Section 9 (h) compliance letter sent to the above-
entitled Local Union on June 18, 1952, and declared that said Local
Union "is not in compliance with Section 9 (h) of the Act."
Thereafter, the Local Union, by document designated "Motion to
Restore Compliance," moved the Board to reconsider its action and
to reinstate the compliance letter of June 18, 1952, and to declare the
Local Union in compliance with Section 9 (h) of the Act. The Local
Union filed an accompanying statement of argument and a request
for leave to be heard and to present the facts and the position of the
Union to the Board.
Upon notice, oral argument was had before the Board on December
16, 1952. The Local Union and the C. I. 0., which was permitted to
intervene and file a brief, participated in the argument. The A. F.
of L. was permitted to, and did, file a brief.
The Board has duly considered the arguments and briefs presented
to it, and concludes that good cause has not been shown why its notice
of November 21, 1952, should be set aside and the Local Union's mo-
tion to restore compliance should be granted. The Board finds that
its processes have been abused by the false statements for the making
of which Anthony Valentino was convicted, and that therefore there
is reasonable basis to believe that its processes were abused at the
time the letter of compliance of June 18, 1952, was issued.
Now THEREFORE IT IS ORDERED TI-IAT the motion to restore compliance
be, and it hereby is, denied.
By direction of the Board: 1
OGDEN W. FIELDS,
Executive Secretary.
1 Member Houston did not participate in this matter because of his absence from official
duty due to illness.
101 NLRB No. 223.