Barney Wilkerson Construction Co., 704 (1963)

National Labor Relations Board

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Barney Wilkerson Construction Co., 704 (1963)

WE WILL NOT give effect to our agreement of January 18, 1963, with said Local 78, pertaining to the offset production employees, and we will not require that said employees be or become members of Local 78 as a condition of employment pursuant to the provisions of the aforesaid agreement with Local 78.

WE WILL reimburse all offset production employees who were not already members of Local 78 by January 18, 1963, or were not members thereof when thereafter hired, for all moneys paid by them to Local 78 as initiation fees, dues, assessments, or other exactions required to be paid by them in order to become and remain members of Local 78 pursuant to our aforesaid agreement with Local 78.

All our offset production employees are free to join or to refrain from joining Local 78 or Amalgamated Lithographers of America, Local 22, or any other labor organization of their choice, except to the extent that such right may be affected by an agreement, made as authorized in Section 8(a)(3) of the Act, which requires membership in a labor organization as a condition of employment.

WOLFER PRINTING CO., INC.,

Employer.

Dated------------------- By------------------------------------------(Representative) (Title) This notice must remain posted for 60 days from the date of posting, and must not be altered, defaced, or covered by any other material.

Employees may communicate directly with the Board's Regional Office, 849 South Broadway, Los Angeles, California, Telephone No. 688-5204, if they have any questions concerning this notice or compliance with its provisions.

Barney Wilkerson Construction Company and Local Union No.

460, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry of the United States & Canada, AFL-CIO; Painters Local Union No. 1793, Brotherhood of Painters, Decorators & Paperhangers of America,

AFL-CIO; District Council of Painters No. 36, Brotherhood of Painters, Decorators & Paperhangers of America, AFL-CIO;

and Local 2224, United Brotherhood of Carpenters & Joiners of America and District 50, United Mine Workers of America,

Party to the Contract. Case No. '£1-CA-4835. December 07,1963 DECISION AND ORDER

On April 30, 1963, Trial Examiner E. Don Wilson issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Intermediate Report. Thereafter, the Respondent and the General Counsel filed exceptions to the Intermediate Report and briefs in support thereof.

Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a threemember panel [Chairman McCulloch and Members Fanning and Brown].

145 NLRB No. 65.

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed.

The rulings are hereby affirmed. The Board has considered the Intermediate Report and the entire record in the case, including the exceptions and briefs, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations 1 except as modified herein.

1. We agree with the Trial Examiner that the Respondent, by entering into the union-security contract with District 50, unlawfully assisted that labor organization and interfered with, restrained, and coerced its employees...

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