Precision Striping, Inc. v. National Labor Relations Board

INTRODUCTION

Precision Striping, Inc. (“Precision”) petitions for review of a decision of the National Labor Relations Board (“the Board”), 245 NLRB No. 34 , 102 LRRM 1264 (1979). The Board cross-applies for enforcement of its order.

In March 1978, Precision informed the Painters’ District Council No. 5 of the International Brotherhood of Painters and Allied Trades (“the Union”) that the Union had failed to establish majority support among the employees in the bargaining unit, and Precision was repudiating their bargaining agreement. The Union filed charges with the Board.

FACTS

Precision is a construction contractor. In June 1977 Precision signed an agreement with the Union effective through May 1980. This agreement succeeded two prior agreements, covering periods from April 1973 to June 1974, and from June 1974 through May 1977. Each of these contracts contained an eight-day union-security clause. There is some dispute regarding strict enforcement of the security clause. In July 1977 two of Precision’s six employees were union members, and by September 1977, four of Precision’s five employees were members. The Union never demonstrated that it represented a majority of…