Extract
Polymark Corp., 9 (1999)
Polymark Corporation and International Union of Electronic, Electrical, Salaried Machine and Furniture Workers, AFL-CIO, and its Local 795 and Robert J. Mohat. Cases 9-CA-28091, 9-CB-7783-1, and 9-CB-7783-2
September 1, 1999 DECISION AND ORDER BY CHAIRMAN TRUESDALE AND MEMBERS FOX, LIEBMAN, HURTGEN, AND BRAME On September 30, 1992, Administrative Law Judge Karl H. Buschmann issued the attached decision. The Respondents and the Charging Party each filed exceptions and a supporting brief. The General Counsel filed limited exceptions and a supporting brief. The Respondent Union filed an answering brief in response to the Charging Party's exceptions and to the General Counsel's limited exceptions. The Charging Party filed an answering brief to the Respondents' exceptions and a brief in reply to the Respondent Union's answering brief. The Board has considered the decision and the record in light of the exceptions and briefs1 and has decided to affirm the judge's rulings, findings,2 and conclusions only to the extent consistent with this Decision, and to adopt the recommended Order as modified and set forth in full below. This case presents several issues concerning the enforcement of a union-security clause in the collective-bargaining agreement between the Respondent International Union of Electronic, Electrical, Salaried Machine and Furniture Workers, AFL-CIO (IUE), and its Local 795 (jointly referred to as the Union) and the Respondent Polymark Corporation (the Employer). Specifically, we must review the judge's conclusions that the union-security provision was not unlawful on its face; that the Respondent Union violated Section 8(b)(1)(A) and (2) of the Act by failing to honor Charging Party Robert Mohat's request for an immediate dues reduction after he resigned from the Union, and by failing to advise unit employees about their rights under the union-security clause; and that the Respondent Employer violated Section 8(a)(1), (2), and (3) of the Act by failing to honor Mohat's revocation of his dues-checkoff authorization after he resigned from the Union. Since 1981, the Employer and the Union have been parties to successive collective-bargaining agreements containing union-security and dues-checkoff clauses. The relevant provision of the 1990-1993 agreement required as a condition of employment that nonmember unit employees "become and remain members in good standing of the Union." The article also provided that, upon the receipt of a duly executed authorization-assignment, the Employer would "deduct . . . all established monthly dues, initiation fees, and uniformly levied assessments of the Union . . . and remit such deductions to the Union." 1 The Charging Party has requested oral argument. The request is denied as the record and briefs adequately present the issues and positions of the parties. 2 The Charging Party has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. Charging Party Mohat has worked for the Employer since November 4, 1986. He joined the Union as a full member and executed a checkoff authorization that stated: AUTHORIZATION & ASSIGNMENT You are hereby authorized and directed to deduct from my wages my membership dues and initiation fees which shall be remitted by you to International Union of Electrical, Radio and Machine Workers AFL-CIO-CLC, Local 795 in accordance with the applicable collective bargaining agreement. This authorization shall be irrevocable until a date one year from the effective date hereof or until the date on which the current collective bargaining agreement between my employer and IUE-AFL- CIO-CLC and /or its Local is terminated, whichever is earlier. I agree and direct that this Authorization and Direction shall be automatically renewed, and shall be irrevocable for successive period of one (1) year each from the effective date hereof, or for the period of each succeeding applicable collective bargaining agreement between my employer and IUE- AFL-CIO-CLC and/or its local, postmarked not more than twenty (20) days and less than (10) days prior to the expiration date of each one-year period, or the termination date of each applicable collective bargaining agreement between my employer and IUE-AFL-CIO-CLC and/or its Local, whichever date is earlier. In August 1990, Mohat read a newspaper account of Communications Workers v. Beck, 487 U.S. 735 (1988), concerning the right of nonmember employees subject to a union-s...See the full content of this document
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