Wm. Wolf Bakery, Inc.

630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX B I. SUPERVISOR Assistant Foreman, Maintenance II. OFFICE CLERICALS Biller Typist Clerk, Cost Clerks, File, A, B, C (other than those included above) Clerk, Mail Clerk, Order Clerk, Typist Cost, Estimator Operator, Key Punch Scheduler, Production III. TECHNICAL EMPLOYEES Technician, Assembly and Test Wm. Wolf Bakery, Inc. and American Bakery and Confectionery Workers International Union, AFL-CIO, Petitioner. Case No. 15-RC-1850. December 19, 1958 ORDER GRANTING MOTION FOR RECONSIDERATION AND VACATING DECISION AND. DIRECTION OF ELECTION On November 18, 1958, the Board issued a Decision and Direction of Election in the instant proceeding,' finding therein that a sub- sisting contract was not a bar, citing as authority Keystone Coat, Apron t Towel Supply Company, 121 NLRB 880. On November 24, 1958, the Intervenor filed a motion for recon- sideration and a brief in support thereof urging the Board to reverse its finding that the contract's checkoff provision is illegal under Keystone and to find the contract to be a bar to the petition. Thereafter, the Board received a reply from the Petitioner and statements from the AFL-CIO and United Steelworkers of America, AFL-CIO, as amici curiae in support of the Intervenor's contention with respect to Keystone but urging the Board to find that a schism exists removing the contract as a bar. Upon reconsideration, the Board has concluded that Keystone was incorrectly applied in the instant case. The checkoff clause in ques- tion provides as follows : ' Unpublished. 122 NLRB No. 89. LOCAL UNION 140. 85, SHEET METAL WORKERS' INT'L, ETC. 631 The Union shall submit to the Company in writing each month, a list of their members with an itemized account of their dues, initiation fees, etc. The Company shall deduct the amount so submitted from the pay of the member-employee the fol- lowing pay period and shall forward same to the Secretary- Treasurer of the Union, provided that the Union furnishes the Company with written authorization cards from the employees. The first basis for our finding such clause to be defective was that it requires the checkoff of moneys other than dues. However, we now ' believe that, as a matter of comity, our interpretation of the term. "membership dues" as used in Section 302 should follow that of the Department of Justice which has the responsibility of en- forcing that section of the Act. As the Justice Department has construed the term "membership dues" in the context of Section 302 to include initiation fees and assessments in addition to dues, we hold that the subject checkoff clause, in providing for the checkoff of "dues,. initiation fees, etc.," does not on its face conflict with Section 302.2 The other basis upon which we relied to find the checkoff -clause defective was that it set no limit to the period for which authorizations should be irrevocable, as required by Sec- tion 302(c) (4). As the question of conformity of a checkoff agree- ment with Section 302 in this respect involves the statutory standards applicable to the separate authorizations to be executed by the individual members, we are of the opinion that the absence in a contractual checkoff clause of a specific reference to the authoriza- tions. or the statutory requirements therefor does not by itself render the clause defective under our Keystone decision. Accordingly, we shall, and hereby do, grant the motion for recon- sideration and vacate the Decision and Direction of Election herein, pending further consideration of other issues in the case. 2 See International Harvester Company, 95 NLRB 730, 733. Local Union No. 85, Sheet Metal Workers ' International Asso- eiation, AFL-CIO and J. P. Gasaway. Case No. 10-CB-610. December 22, 1958 DECISION AND ORDER On. May 8, 1958, Trial Examiner Robert E. Mullin issued his Intermediate Report in this case , finding that the Respondent had engaged and was engaging in certain unfair labor practices within the meaning . of. Section 8(b) (1) (A) and (2) of the Act, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate 122 NLRB No. 79.