National Labor Relations Board v. C. W. Hume Co.

This is a companion case to N. L. R. B. V. Flotill Products, Inc., 9 Cir., 180 F.2d 441 . The general background of the two cases is identical but there are material differences in matters of detail.

*446 Unlike Flotill, respondent Hume Company was a member of the California Processors & Growers, Inc., hence its bargaining relations with the AFL, prior at any rate to March 1946, were governed entirely by the Master agreement long in effect between the associated employers and that union. Under the terms of the Master agreement the AFL was the exclusive bargaining representative of Hume’s employees as of those of all association members. As last amended that agreement was to run until March 1, 1945 and was thereafter to continue automatically from year to year subject to modification or termination upon notice by any party thereto. The Master ‘agreement provided for preferential hiring, but as interpreted by the Board it did not provide for a closed shop. Hume does not dispute the Board’s interpretation of it. The AFL, which was permitted to intervene, contends that by custom and usage the contract should be considered as providing,a closed shop; but there appears to be little…