Extract
District 50, United Mine Workers of America, 1627 (1958)
DISTRICT 50, UNITED MINE WORKERS OF AMERICA- 1627 illy colleagues also state that the Council 'meets in negotiations only every 3 years since those area contracts which it has negotiated are 6-year contracts with 3-year reopenings for wage modifications.' This statement, even aside from the question of its germaneness, ignores the realities of the collective-bargaining process. For the fact is that bargaining negotiations do not begin and end simultaneously with their inception ; indeed, as the experience of this Board demonstrates, they often continue over lengthy periods of time.
In reaching their conclusion herein, my colleagues are overlooking a well-established principle, followed by both this Board and the courts, to the effect that anybody which has the attributes, and exercises the functions , set forth in Section 2(5), is a labor organization even though it has no formal structure 22 I cannot ignore this rule, and I cannot ignore the specific language of the statute.Accordingly, I do not join in my colleagues' ruling, and would dismiss the petitions.MEMBER BEAN took no part in the consideration of the above Decision and Direction of Elections.2 ' See, for example, N.L.R.B. v. Kennametal, Inc., 182 F. 2d 817 (C.A. 3) ; United Shoe Workers of America, C.I.O. (Perry Norvell Company), 80 NLRB 225, 244; Smith Victory Corporation, 90 NLRB 2089 ; Metallic Building Company, 98 NLRB 386, 387, 395, and cases cited therein ; Gemsco, Inc., 111 NLRB 82; Building...See the full content of this document
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