National Labor Relations Board v. Holly-General Company, Division of Siegler Corporation

Good Law
305 F.2d 670·50 L.R.R.M. (BNA) 2676·1962 U.S. App. LEXIS 4626
United States Court of Appeals for the Ninth CircuitJune 29, 196217304_1California2,593 words

Opinion

Opinion

Carter, J.

This is a petition to enforce an ordej of the National Labor Relations Board, pursuant to section 10 (e) of the National Labor Relations Act, as amended, [29 U, S.C.A. § 160(e)].

The principal question presented by this case, is whether an employer, during the one-year certification period, may refuse to bargain collectively because a majority of his employees have abandoned the union.

Respondent, hereinafter called “Company,” is a Delaware corporation engaged in business in California.

On February 26, 1959, the United Automobile, Aircraft and Agricultural Implement Workers of America, Western Region #6 (UAW), hereinafter called “Union,” was certified by the Board. In March of 1959, collective bargaining began and continued for approximately twenty meetings.

On January 6, 1960, there occurred a joint negotiation meeting between representatives of the Company and the Union. There was discussed a proposed contract which the Company had submitted to the Union in mid-December, 1959. The terms were acceptable to the Union. There were five items not included in the proposed contract. The Union had requested a union security clause, a dues check-off clause and a wage increase. The…

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