National Labor Relations Board v. Sterling Furniture Co.

This is a proceeding by the National Labor Relations Board for enforcement of its order directed against respondents Sterling Furniture Company (hereafter called Sterling) and the Carpet, Linoleum & Soft Tile Workers, Local No. 1235 (herein called the Union).

Sterling is and long has been a member of the San Francisco unit of the Retail Furniture Association of California, a voluntary nonprofit association organized under California law. The latter organization will be referred to hereafter as the Association. On behalf of Sterling and the seven other member employers of its San Francisco unit, the Association has had a series of bargaining contracts with the Union, the one here involved (and so far as we know, the latest) being made October 15, 1949. This contract contained provisions requiring membership in the Union, or a work permit from it, as a condition of employment by Association members. It is conceded that the contract in these respects failed to meet the requirements of § 8(a)(3) of the Act, 29 U.S. C.A. § 158(a)(3), relating to permissible union-security agreements.

About the date this contract became effective a workman named Barnes applied to Sterling for a job as…