Extract
State Packing Co., 432 (1960)
DECISION AND ORDER
On April 8, 1959, Trial Examiner Martin S. Bennett issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, Respondent Union filed exceptions to the Intermediate Report and a supporting brief.On November 18, 1959, the Board (Member Jenkins dissenting) remanded the case for additional evidence. Pursuant to this remand, a hearing was held and a Supplemental Intermediate Report was issued by the above-named Trial Examiner on February 15, 1960.1The Board has reviewed the rulings of the Trial Examiner made at the hearings and finds that no prejudicial error was committed.The rulings are hereby affirmed. The Board has considered the Intermediate Reports, the exceptions and brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the modifications and additions indicated.We find, in agreement with the ultimate conclusion of the Trial Examiner, that Respondent Company and Respondent Union violated Section 8(a) (3) and (1) and Section 8(b) (1) (A) and (2) of the Act, respectively, by invoking their union-security contract against Lawrence Mitchell to deny him employment. In so finding we rely on the following considerations.The union-security provision invoked against Mitchell reads as follows :All employees who are members of the Union on the date of the execution of this Agreement shall remain members of the Union in good standing for the duration of this contract, as a condition of employment. All present employees who are not members of the Union shall become members of the Union within thirty (30) days after the execution of this Agreeme...See the full content of this document
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