NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,433, RED & TAN CHARTERS, INC. and LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO et al., (Aug. 15, 1994), National Labor Relations Board, (Aug 15, 1994)

RED & TAN CHARTERS, INC. and LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO et al.

314 NLRB No. 124.Case No. 2-CA-26331. August 15, 1994 Eleanor MacDonald, Administrative Law Judge..

Before Stephens, Devaney and Cohen.

Richard L. DeSteno, for General Counsel. David Lew (Peckar & Abramson, P.C.), River Edge, New Jersey, for Respondent. Wendell Shepherd (Roy Barnes, P.C.), Bronx, New York, for Charging Party Local 456. Larry Cole (Cole & Cole), Jersey City, New Jersey, for Local 270.

Assistance to Unions--Premature Recognition--Prior to Operations.--By recognizing a union and signing a collective bargaining agreement with it prior to the commencement of an employer’s business operations, the employer rendered unlawful assistance to the union. The employer had no unit employees on the date it signed the union contract and, therefore, the General Counsel was not required to introduce evidence that a majority of union authorization cards was not signed as of the date of the opening of the employer’s business. Section 8(a)(2).

Back reference: ¶3570.762.

Assistance to Unions--Fact Finding--Aid in Formation.--On the facts, by executing and maintaining in effect a union contract containing union security and dues checkoff clauses at a time when the union did not represent an employee majority, an employer rendered unlawful assistance to the union. Section 8(a)(2).

Assistance to Unions--Checkoff of Dues and Initiation Fees--Lack of Employee Support.--By informing its employees that they must join a certain union and by deducting union dues and remitting them to the union, an employer rendered unlawful assistance to the union. The employer entered into the bargaining agreement with the union before it hired any employees and then coerced its employees to support the union. Section 8(a)(2).

Back reference: ¶3560.201.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, and conclusions and to adopt the recommended Order.