National Labor Relations Board v. Flotill Products, Inc.

Good Law
180 F.2d 441
United States Court of Appeals for the Ninth CircuitFebruary 24, 1950No. 11449California2,009 words

Opinion

Lead Opinion

Healy, J.

. This is a proceeding upon petition of the National Labor Relations Board for enforcement of an order- issued August 19, 1946 against respondent (hereafter called Flotill). . :.

The case represents a segment of the inter-union strife which plagued the California canning and processing industry in the earlier '40’s, In 1940 the AFL entered into a Master bargaining agreement with California Processors & Growers, Inc., the dominant trade association in that industry for the California area. Flotill, although not a member of the association, for years followed the practice of subscribing to the Master agreement. The latter contained a preferential hiring but not a closed-shop provision. Flotill from time to time made supplemental contracts with the AFL pertaining to matters not covered by the Master agreement. The latter agreement and Flotill’s separate contract were to expire on March 1, 1946. The separate or supplemental contract expiring on that date included a closed-shop provision which appears to have been in force for a period of several years.

In July of the year preceding the expiration of these contracts two unions, an Independent and the CIO, filed petitions with the…

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