Oregon Teamsters' Security Plan Office

652 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD All production, maintenance, and shipping employees of the Em- ployer at its New York, New York, plant, excluding office clerical employees, guards, watchmen, professional employees, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] that employees will receive a 5-cent per hour increase upon joining the union. Such a provision goes beyond what the Act permits, and for this reason we find the contract not to bar these petitions . The Union offered to prove that the intent of the clause warn other than what appeared , but where the meaning of terms in a contract is clear they- cannot be varied by reference to extrinsic matters. In view of our finding herein that the union-security provision prevents the contract from being a bar, we feel it unnecessary to pass on the other question raised by the Petitioner that the contract is not a bar because of the inclusion of an illegal checkoff provision therein, Oregon Teamsters' Security Plan Office and William C. Earhart,. Administrator thereof, and of Teamsters Security Administra- tion Fund ; and Warehousemen Local No. 206, affiliated with the International Brotherhood of Teamsters, Chauffeurs,. Warehousemen and Helpers of America, AFL-CIO and Inter- national Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, AFL-CIO and Teamsters. Building Association, Inc. and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, and its Local No. 223, Grocery, Meat, Motorcycle and Miscellaneous Drivers and Warehousemen Local No. 206,. affiliated with the International Brotherhood of Teamsters,, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO and Joint Council of Drivers, No. 37 and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer -ica, AFL-CIO, and its agents, John J. Sweeney, and Oregon Teamsters' Security Plan Office, and William C. Earhart, Ad- ministrator thereof, and of Teamsters Security Administration Fund and Office Employes International Union, Local No. 11. Cases Nos. 36-CA-410, 36-CA-637, 36-CA-638, 36-CA--639, 36- CA-647, and 36-CA-648. December 4, 1957 FINDINGS AND ORDER DENYING PETITION On October 3o, 195(, the Board issued a Supplemental Decision and Order l in the above-entitled proceeding. Thereafter, on November 12, 1957, Oregon Teamsters' Security Plan Office and William C. Earhart, administrator thereof, filed a petition for reconsideration of 1119 NLRB 207. 119 NLRB No. .91. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, IND. 653 the said Supplemental Decision and Order with respect to Cases Nos. 36-CA-410 and 36-CA-648. On November 15, 1957, counsel for the General Counsel filed opposition thereto. Having duly considered the matter, the Board finds no merit in the contentions in the petition that the payment of back pay to Henry and Ermence (a) is precluded by the provisions of Section 302 (c) (5) of the Act, and (b) would violate the terms of the trust agreements establishing the trust funds which the Petitioner administers. As to (a), the Board finds that Section 302 (c) (5), in providing for the establishment of health and welfare funds, by necessary im- plication authorizes the payment of proper administrative expenses from such funds, and that the payment of the back pay awarded here- in is such an expense. As to (b), the Board finds that the trust agree- ments here involved expressly authorize the payment out of the trust funds of the "required expenses of administration," and that the back- pay award herein is such an expense. [The Board denied the petition.] International Longshoremen 's Association, Ind.; Marine Termi- nal & Warehouse Local 976-4, International Longshoremen's Association, Ind.; Local 1277, International Longshoremen's Association, Ind.; and Local 1804, International Longshore- men's Association, Ind. and Abraham Kaplan ; Associated Painting Employers of Brooklyn , Inc.; and Local 645, Broth- erhood of Painters, Decorators & Paperhangers of America, AFL-CIO. Case No. 2-CD-125. December 5, 1957 DECISION AND ORDER On May 23, 1957, Trial Examiner Louis Libbin issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondent Unions had engaged in and were engaging in certain unfair labor practices within the meaning of Section 8 (b) (4) (D) of the Act, and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter the General Counsel filed exceptions to the Intermediate Report and a brief, raising issue only as to the. form of the remedial order. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the In- termediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner with the following modification. 119 NLRB No. 89.