National Labor Relations Board v. Technicolor Motion Picture Corp.

The National Labor Relations Board, acting pursuant to Section 10(e) of the National Labor Relations Act, as amended, 1 seeks a decree enforcing its Order issued against Respondents Technicolor Motion Picture Corporation and Local 683 of the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, A.F.L.-C.I.O., (hereinafter referred to respectively as “the Company” and “the Union”), following a finding of unfair labor practices committed by them. The named Respondents cross-petition to have the Order set aside.

The petition and cross-petition raise an important and apparently novel question concerning the construction of .(l) the first proviso to Section 8(a) (3) of the Act, which authorizes an employer and a labor organization to enter into a collective bargaining agreement, one of the terms of which may be “to require as a condition of employment membership (in the union) on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later,” provided certain prerequisites are met; 2 and (2) an agreement executed thereunder. The question is…