[Download] "National Labor Relations Board v. Medo Photo Supply Corporation." by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: National Labor Relations Board v. Medo Photo Supply Corporation.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 28, 1943
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Respondent, in May 1941, had 70 employees; in the latter part of that month, 18 of the 26 employees in its shipping and receiving department signed membership application cards designating a union as their collective bargaining representative. The union thereupon, on May 22, requested respondents to enter into negotiations for a contract and the next day filed a petition with the Board for certification as the exclusive bargaining representative of the employees in that department as an appropriate unit. At a conference on June 4, at the Boards Regional Office, with representatives of respondent, of the union and of the Board present, the unions representative offered to submit proof of the unions majority and to turn the application cards over to a Board representative. The respondents representative questioned the appropriateness of the unit claimed by the union but told the unions representative that, if they could agree on the unit, respondent would consent to the unions being certified and thereupon the respondent would "automatically go into the process of bargaining." At a meeting on June 5, a representative of respondent said that if the contract proposed by the union constituted a reasonable basis for negotiations, respondent would immediately consent to a certification of the union and begin bargaining, but that meanwhile there would be no purpose in the unions procuring a certification. A conference to negotiate further was set for the succeeding Monday, June 9. Meanwhile, on the intervening Saturday, June 7, 12 of the employees in the shipping and receiving department visited respondents general manager, and informed him that they and six other members of the union, for whom they were speaking, had no desire to belong to the union if they could obtain a wage-increase. They then presented a proposed wage-scale which was substantially the same as that which the union had demanded. In the morning of Monday, June 9, a committee of four of the employees called on the general manager who informed them that the increase had been granted substantially as requested. The committee reported back to the other employees and then advised the general manager that the employees felt that they did not need the union and "would rather stay out." Later in the same day, the negotiating committee informed the union president that they did not wish the union to represent them any longer, and a representative of the respondent then also stated to the union president that respondent could not negotiate a contract with the union as it understood that the union no longer represented the majority, but also stated that respondent would consent to a holding of an election. The employees committee then affirmed their renunciation of the union.

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