National Labor Relations Board v. International Union of Elevator Constructors, Local No. 8, Afl-Cio

Good Law
465 F.2d 974·81 L.R.R.M. (BNA) 2091·1972 U.S. App. LEXIS 7836
United States Court of Appeals for the Ninth CircuitAugust 21, 197271-1768California831 words

Opinion

Opinion

Pursuant to section 10(e) of the National Labor Relations Act, the National Labor Relations Board petitions for enforcement of its order against the International Union of Elevator Constructors, Local 8, AFL-CIO.

On July 10, 1968, representatives of the National Elevator Industry, Inc., an employers’ association, commenced col lective bargaining with representatives of the respondent Union. At that time it was announced by one of the Union representatives, one Hector Rueda, that he had Union authority to execute a binding agreement on subjects covered in the negotiations without prior membership approval. At no time during the negotiations did Rueda indicate that subsequent membership ratification would be necessary. Evidently, a central issue of these negotiations was the adjustment of travel and expense zones, an issue that had traditionally been resolved without the necessity of membership ratification.

Negotiations proceeded with the employer representatives believing that a binding agreement would be forthcoming.

These negotiations continued until July 9, 1969, at which time an agreement as to all issues was reached by the negotiators. A written document embodying the…

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